Florida Statutes

Fla. Stat. § 455.227 (2025)

Grounds for discipline; penalties; enforcement.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 1981–2024 · leading case: United States v. Shah, 95 F.4th 328 (5th Cir. 2024).

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United States v. Shah, 95 F.4th 328 (5th Cir. 2024). · cites it 2× “Code § 650(a) (California statute holding unlawful receiving money for patient referrals); Fla. Stat. § 455.227 (n) (similar Florida statute); N.”

Sloban v. Florida Bd. of Pharmacy, 982 So. 2d 26 (Fla. 1st DCA 2008). · cites it 4× “In 1992, the legislature amended section 455.227, Florida Statutes (1992), by adding the provision at issue as section 455.”

United States v. Shah, 84 F.4th 190 (5th Cir. 2023). · cites it 2× “Code § 650(a) (California statute holding unlawful receiving money for patient referrals); Fla. Stat. § 455.227 (n) (similar Florida statute); N.”

Zuckerman v. State Bd. of Chiropractic Examiners, 53 P.3d 119 (Cal. 2002). “6, § 7316 [securities commissioner may impose investigation and prosecution costs on a broker-dealer, agent, investment adviser, or investment adviser representative who engages in misconduct]), Florida ( Fla. Stat. Ann. § 455.227 [professional boards and departments may assess…”

Linkous v. Dep't of Prof. Reg., 417 So. 2d 802 (Fla. 5th DCA 1982). · cites it 2× “While section 455.227(2), Florida Statutes (1981), authorizes a fine "in addition to or in lieu of any other discipline," that section is derived from chapter 79-35, section 5, Laws of Florida, effective July 1, 1979, a date after the conduct which is the basis for the…”

Jonas v. Florida Dep't of Bus. & Prof'l Reg., 746 So. 2d 1261 (Fla. 3d DCA 2000). · cites it 8× “Section 455.227, Florida Statutes (Supp.1994), provides grounds for discipline, penalties and enforcement.”

Chrysler v. Dept. of Pro. Reg., 627 So. 2d 31 (Fla. 1st DCA 1993). “009(2)(q) authorizes disciplinary action for violations of chapter 455, including violations of section 455.227(1)(e), for "obtain[ing a license] by fraud or material misrepresentation of a material fact.”

Dep't of Prof'l Reg., Constr. Indus. Licensing Bd. v. Pariser, 483 So. 2d 28 (Fla. 1st DCA 1985). · cites it 2× “08 as amended 12-19-82 is Section 455.227(2) and 489.129(2), Florida Statutes.”

Arias v. State, Dep't of Bus. & Prof'l Reg., Div. of Real Est., 710 So. 2d 655 (Fla. 3d DCA 1998). · cites it 2× “The initial complaint against Arias also charged a violation of section 455.227, Florida Statutes (1995), however the Commission’s final order found a violation of section 475.”

Starchk v. Wittenberg, 392 So. 2d 1007 (Fla. 5th DCA 1981). · cites it 2× “The authority for bringing this action is section 455.227(3), Florida Statutes, which provides in part that “the department [the Department of Professional Regulation created by section 20.”

Pariser v. Dep't of Prof'l Reg., 10 Fla. Supp. 2d 177 (Fla. Div. Admin. Hr'g 1985). · cites it 4× “Section 455.227(2), Florida Statutes, provides: (2) In addition to, or in lieu of, any other discipline imposed pursuant to this section, the board may impose an administrative fine not to exceed

Elder v. State, Constr. Indus. Licensing Bd., 937 So. 2d 1172 (Fla. 1st DCA 2006). · cites it 2× “Section 455.227 provides that an action against one’s license, including the acceptance of a relinquishment of licensure, shall constitute grounds for which the Board may refuse to certify an application for licensure.”

Show all 13 citing cases →

— 455.227(1)(e) — 1 case

— 455.227(2) — 4 cases

Linkous v. Dep't of Prof. Reg., 417 So. 2d 802 (Fla. 5th DCA 1982). “While section 455.227(2), Florida Statutes (1981), authorizes a fine "in addition to or in lieu of any other discipline," that section is derived from chapter 79-35, section 5, Laws of Florida, effective July 1, 1979, a date after the conduct which is the basis for the…”

Dep't of Prof'l Reg., Constr. Indus. Licensing Bd. v. Pariser, 483 So. 2d 28 (Fla. 1st DCA 1985). “08 as amended 12-19-82 is Section 455.227(2) and 489.129(2), Florida Statutes.”

Jonas v. Florida Dep't of Bus. & Prof'l Reg., 746 So. 2d 1261 (Fla. 3d DCA 2000). “Section 455.227, Florida Statutes (Supp.1994), provides grounds for discipline, penalties and enforcement.”

Pariser v. Dep't of Prof'l Reg., 10 Fla. Supp. 2d 177 (Fla. Div. Admin. Hr'g 1985). “Section 455.227(2), Florida Statutes, provides: (2) In addition to, or in lieu of, any other discipline imposed pursuant to this section, the board may impose an administrative fine not to exceed

— 455.227(2)(g) — 1 case

Jonas v. Florida Dep't of Bus. & Prof'l Reg., 746 So. 2d 1261 (Fla. 3d DCA 2000). “Section 455.227, Florida Statutes (Supp.1994), provides grounds for discipline, penalties and enforcement.”

— 455.227(3) — 1 case

Starchk v. Wittenberg, 392 So. 2d 1007 (Fla. 5th DCA 1981). “The authority for bringing this action is section 455.227(3), Florida Statutes, which provides in part that “the department [the Department of Professional Regulation created by section 20.”

— 455.227(4) — 1 case

Sloban v. Florida Bd. of Pharmacy, 982 So. 2d 26 (Fla. 1st DCA 2008). “In 1992, the legislature amended section 455.227, Florida Statutes (1992), by adding the provision at issue as section 455.”

— 455.227(l)(f) — 1 case

Elder v. State, Constr. Indus. Licensing Bd., 937 So. 2d 1172 (Fla. 1st DCA 2006). “Section 455.227 provides that an action against one’s license, including the acceptance of a relinquishment of licensure, shall constitute grounds for which the Board may refuse to certify an application for licensure.”

— 455.227(l)(j) — 1 case

Lapp v. Dep't of Bus. & Prof'l Reg., 874 So. 2d 671 (Fla. 4th DCA 2004).

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