Florida Statute 455.227 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 455
BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS

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F.S. 455.227

455.227 Grounds for discipline; penalties; enforcement.—

(1) The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:

(a) Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession.

(b) Intentionally violating any rule adopted by the board or the department, as appropriate.

(c) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession.

(d) Using a Class III or a Class IV laser device or product, as defined by federal regulations, without having complied with the rules adopted pursuant to s. 501.122(2) governing the registration of such devices.

(e) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome.

(f) Having a license or the authority to practice the regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. The licensing authority’s acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license.

(g) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.

(h) Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the board.

(i) Failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or the board.

(j) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board.

(k) Failing to perform any statutory or legal obligation placed upon a licensee.

(l) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so. Such reports or records shall include only those that are signed in the capacity of a licensee.

(m) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession.

(n) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party.

(o) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.

(p) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.

(q) Violating any provision of this chapter, the applicable professional practice act, a rule of the department or the board, or a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department.

(r) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

(s) Failing to comply with the educational course requirements for domestic violence.

(t) Failing to report in writing to the board or, if there is no board, to the department within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. A licensee must report a conviction, finding of guilt, plea, or adjudication entered before the effective date of this paragraph within 30 days after the effective date of this paragraph.

(u) Termination from an impaired practitioner program as described in s. 456.076 for failure to comply, without good cause, with the terms of the monitoring or participant contract entered into by the licensee or failing to successfully complete a drug or alcohol treatment program.

(2) When the board, or the department when there is no board, finds any person guilty of the grounds set forth in subsection (1) or of any grounds set forth in the applicable practice act, including conduct constituting a substantial violation of subsection (1) or a violation of the applicable practice act which occurred prior to obtaining a license, it may enter an order imposing one or more of the following penalties:

(a) Refusal to certify, or to certify with restrictions, an application for a license.

(b) Suspension or permanent revocation of a license.

(d) Imposition of an administrative fine not to exceed $5,000 for each count or separate offense.

(e) Issuance of a reprimand.

(f) Placement of the licensee on probation for a period of time and subject to such conditions as the board, or the department when there is no board, may specify. Those conditions may include, but are not limited to, requiring the licensee to undergo treatment, attend continuing education courses, submit to be reexamined, work under the supervision of another licensee, or satisfy any terms which are reasonably tailored to the violations found.

(g) Corrective action.

(3)(a) In addition to any other discipline imposed pursuant to this section or discipline imposed for a violation of any practice act, the board, or the department when there is no board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time.

(b) In any case where the board or the department imposes a fine or assessment and the fine or assessment is not paid within a reasonable time, such reasonable time to be prescribed in the rules of the board, or the department when there is no board, or in the order assessing such fines or costs, the department or the Department of Legal Affairs may contract for the collection of, or bring a civil action to recover, the fine or assessment.

(c) The department shall not issue or renew a license to any person against whom or business against which the board has assessed a fine, interest, or costs associated with investigation and prosecution until the person or business has paid in full such fine, interest, or costs associated with investigation and prosecution or until the person or business complies with or satisfies all terms and conditions of the final order.

(4) In addition to, or in lieu of, any other remedy or criminal prosecution, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any of the provisions of this chapter, or any provision of law with respect to professions regulated by the department, or any board therein, or the rules adopted pursuant thereto.

(5) In the event the board, or the department when there is no board, determines that revocation of a license is the appropriate penalty, the revocation shall be permanent. However, the board may establish, by rule, requirements for reapplication by applicants whose licenses have been permanently revoked. Such requirements may include, but shall not be limited to, satisfying current requirements for an initial license.

History.—s. 5, ch. 79-36; s. 13, ch. 83-329; s. 5, ch. 88-380; s. 8, ch. 91-137; s. 55, ch. 92-33; s. 22, ch. 92-149; s. 23, ch. 93-129; s. 9, ch. 94-119; s. 80, ch. 94-218; s. 5, ch. 95-187; s. 22, ch. 97-261; s. 144, ch. 99-251; s. 32, ch. 2000-160; s. 2, ch. 2009-195; s. 12, ch. 2010-106; s. 5, ch. 2017-41.

F.S. 455.227 on Google Scholar

F.S. 455.227 on Casetext

Amendments to 455.227

Arrestable Offenses / Crimes under Fla. Stat. 455.227

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 455.227.

Annotations, Discussions, Cases:

Cases Citing Statute 455.227

Total Results: 18

Richard Kjellander and KC Kjellander v. Stephen J. Abbott, Cynthia L. etc.

Court: District Court of Appeal of Florida | Date Filed: 2016-09-19

Citation: 199 So. 3d 1129, 2016 Fla. App. LEXIS 14019

Snippet: representations in any transaction. See §§ -455.227(l)(a), 475.25(l)(b), 475.278(4)(a)l.-2., 475.42(l)(e)

Sloban v. Florida Board of Pharmacy

Court: District Court of Appeal of Florida | Date Filed: 2008-04-03

Citation: 982 So. 2d 26, 2008 Fla. App. LEXIS 4782, 2008 WL 876358

Snippet: section 455.227, Florida Statutes (1992), by adding the provision at issue as section 455.227(4), Florida

Kany v. Florida Engineers Management Corp.

Court: District Court of Appeal of Florida | Date Filed: 2007-02-16

Citation: 948 So. 2d 948, 2007 Fla. App. LEXIS 1957, 2007 WL 486467

Snippet: with violating “sections 471.033(l)(a) & (j) and 455.227(l)(a) & (j), Florida Statutes (2004), which prohibits

Puig v. Florida Engineers Management Corp.

Court: District Court of Appeal of Florida | Date Filed: 2006-10-18

Citation: 939 So. 2d 1146, 2006 Fla. App. LEXIS 17901, 2006 WL 2959087

Snippet: alleging violations of sections 471.033(1)(a)&(j) and 455.227(1)(a)&(j), Florida Statutes (2004), which prohibit

Elder v. State, Construction Industry Licensing Board

Court: District Court of Appeal of Florida | Date Filed: 2006-09-05

Citation: 937 So. 2d 1172, 2006 Fla. App. LEXIS 14819, 2006 WL 2527190

Snippet: disciplined in the past, pursuant to sections 455.227(l)(f) and (2), Florida Statutes. Elder filed a

Lapp v. Department of Business & Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2004-05-12

Citation: 874 So. 2d 671, 2004 Fla. App. LEXIS 6587, 2004 WL 1057808

Snippet: evidence to find that Lapp violated either section 455.227(l)(j) or section 489.129(l)(d) and (e). Therefore

Jonas v. Florida Department of Business & Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2000-01-19

Citation: 746 So. 2d 1261, 2000 Fla. App. LEXIS 359, 2000 WL 35867

Snippet: regulation of professions and occupations. Section 455.227, Florida Statutes (Supp.1994), provides grounds

Arias v. State, Department of Business & Professional Regulation, Division of Real Estate

Court: District Court of Appeal of Florida | Date Filed: 1998-04-22

Citation: 710 So. 2d 655, 1998 Fla. App. LEXIS 4333, 1998 WL 187440

Snippet: applicant: (a) Has violated any provision of s. 455.227(1) or of s. 475.42. (b) Has been guilty of fraud

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-03-07

Snippet: contrary to the public welfare and policy. Section 455.227(1)(a), Florida Statutes, provides that disciplinary

Chrysler v. DEPT. OF PRO. REGULATION

Court: District Court of Appeal of Florida | Date Filed: 1993-11-12

Citation: 627 So. 2d 31, 1993 WL 462703

Snippet: of chapter 455, including violations of section 455.227(1)(e), for "obtain[ing a license] by fraud or material

Ago

Court: Florida Attorney General Reports | Date Filed: 1988-09-16

Snippet: by the Division of Real Estate." See also, s. 455.227, F.S., setting forth the grounds for, and authority

Department of Professional Regulation, Construction Industry Licensing Board v. Pariser

Court: District Court of Appeal of Florida | Date Filed: 1985-12-17

Citation: 483 So. 2d 28, 10 Fla. L. Weekly 2777, 1985 Fla. App. LEXIS 6093

Snippet: Rule 21E-12.08 as amended 12-19-82 is Section 455.227(2) and 489.129(2), Florida Statutes. The hearing

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-08-01

Snippet: disciplinary proceedings instituted by the department; s. 455.227, F.S., providing the grounds for discipline by

Clark v. Dept. of Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 1985-01-04

Citation: 463 So. 2d 328

Snippet: For violation of Sections 455.227(1)(b), 455.227(1)(c), 455.227(1)(d), 455.227(1)(e), Section 458.013 or

Linkous v. DEPARTMENT OF PROF. REG.

Court: District Court of Appeal of Florida | Date Filed: 1982-08-04

Citation: 417 So. 2d 802

Snippet: approved. However, two points remain. While section 455.227(2), Florida Statutes (1981), authorizes a fine

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-07-08

Snippet: the offenses set forth in ss. 475.25, 475.42, or 455.227(1), F.S. In totality, the provisions of ch. 475

Kizar v. Wittenberg

Court: District Court of Appeal of Florida | Date Filed: 1981-05-20

Citation: 398 So. 2d 1002, 1981 Fla. App. LEXIS 19904

Snippet: as the proper party plaintiff by citing section 455.-227(3), Florida Statutes (1979), which says in part

Starchk v. Wittenberg

Court: District Court of Appeal of Florida | Date Filed: 1981-01-23

Citation: 392 So. 2d 1007, 1981 Fla. App. LEXIS 18750

Snippet: authority for bringing this action is section 455.227(3), Florida Statutes, which provides in part that