Florida Statutes
Fla. Stat. § 455.2273 (2025)
Disciplinary guidelines.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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455.2273 Disciplinary guidelines.—
(1) Each board, or the department when there is no board, shall adopt, by rule, and periodically review the disciplinary guidelines applicable to each ground for disciplinary action which may be imposed by the board, or the department when there is no board, pursuant to this chapter, the respective practice acts, and any rule of the board or department.
(2) The disciplinary guidelines shall specify a meaningful range of designated penalties based upon the severity and repetition of specific offenses, it being the legislative intent that minor violations be distinguished from those which endanger the public health, safety, or welfare; that such guidelines provide reasonable and meaningful notice to the public of likely penalties which may be imposed for proscribed conduct; and that such penalties be consistently applied by the board.
(3) A specific finding of mitigating or aggravating circumstances shall allow the board to impose a penalty other than that provided for in such guidelines. If applicable, the board, or the department when there is no board, shall adopt by rule disciplinary guidelines to designate possible mitigating and aggravating circumstances and the variation and range of penalties permitted for such circumstances.
(4) The department must review such disciplinary guidelines for compliance with the legislative intent as set forth herein to determine whether the guidelines establish a meaningful range of penalties and may also challenge such rules pursuant to s. 120.56.
(5) The administrative law judge, in recommending penalties in any recommended order, must follow the penalty guidelines established by the board or department and must state in writing the mitigating or aggravating circumstances upon which the recommended penalty is based.
(6) Notwithstanding s. 455.017, this section applies to disciplinary guidelines adopted by all boards or divisions within the department.
History.—s. 2, ch. 86-90; s. 56, ch. 92-33; s. 23, ch. 92-149; s. 23, ch. 93-129; s. 81, ch. 94-218; s. 212, ch. 96-410; s. 23, ch. 97-261; s. 33, ch. 2000-160; s. 24, ch. 2008-240.
Notes of Decisions
Cited in 8
cases, 1988–2007 · leading case: Marrero v. Dept. of Pro. Reg., 622 So. 2d 1109 (Fla. 1st DCA 1993).
Marrero v. Dept. of Pro. Reg., 622 So. 2d 1109 (Fla. 1st DCA 1993). “First, she asserts that the Board failed to comply with section 455.2273, Florida Statutes (1991), because it did not impose a penalty in accordance with the disciplinary guidelines set out in rule 21U-18.”
Arias v. State, Dep't of Bus. & Prof'l Reg., Div. of Real Est., 710 So. 2d 655 (Fla. 3d DCA 1998). “) Section 455.2273, Florida Statutes (1997), provides: 1) Each board, or the department when there is no board, shall adopt, by rule, and periodically review the disciplinary guidelines applicable to each ground for disciplinary action which may be imposed by the board, or the…”
Aleong v. Dept. of Bus. & Prof. Reg., 963 So. 2d 799 (Fla. 4th DCA 2007). “Pursuant to Florida Statutes section 455.2273, the Board was required to include in its order imposing sanctions written findings as to the aggravating circumstances which were the basis for its deviation from the recommended guidelines penalty.”
Hambley v. Dept. of Pro. Reg., Div. Of Real Est., 568 So. 2d 970 (Fla. 2d DCA 1990). “57(1)(b)(10), Florida Statutes (1987), and is incompatible with the recently added language in section 455.2273, Florida Statutes (1987).”
Jordan v. Dept. of Pro. Reg., 522 So. 2d 450 (Fla. 1st DCA 1988). “We note, initially, that section 455.2273, Florida Statutes (1986 Supp.”
O'Connor v. Dept. of Pro. Reg., Const. Indus. Licensing Bd., 566 So. 2d 549 (Fla. 2d DCA 1990). “" § 455.2273(1), Fla. Stat. (1987) (corresponds to Ch.”
Lusskin v. Dep't of Health, Bd. of Med., 866 So. 2d 733 (Fla. 4th DCA 2004). “001, Florida Administrative Code, provide first offense penalties ranging from probation to indefinite suspension, section 455.2273, Florida Statutes, gives the board discretion to depart from the guidelines and impose a harsher penalty where there are aggravating circumstances.”
Bemenderfer v. Dep't of Bus. & Prof'l Reg., 955 So. 2d 659 (Fla. 4th DCA 2007). “See § 455.2273(2) Fla. Stat. (2006) (“it [is] the legislative intent that minor violations be distinguished from those which endanger the public health, safety, or welfare; .”
— 455.2273(1) — 1 case
O'Connor v. Dept. of Pro. Reg., Const. Indus. Licensing Bd., 566 So. 2d 549 (Fla. 2d DCA 1990). “" § 455.2273(1), Fla. Stat. (1987) (corresponds to Ch.”
— 455.2273(2) — 1 case
Bemenderfer v. Dep't of Bus. & Prof'l Reg., 955 So. 2d 659 (Fla. 4th DCA 2007). “See § 455.2273(2) Fla. Stat. (2006) (“it [is] the legislative intent that minor violations be distinguished from those which endanger the public health, safety, or welfare; .”
— 455.2273(3) — 3 cases
Marrero v. Dept. of Pro. Reg., 622 So. 2d 1109 (Fla. 1st DCA 1993). “First, she asserts that the Board failed to comply with section 455.2273, Florida Statutes (1991), because it did not impose a penalty in accordance with the disciplinary guidelines set out in rule 21U-18.”
Hambley v. Dept. of Pro. Reg., Div. Of Real Est., 568 So. 2d 970 (Fla. 2d DCA 1990). “57(1)(b)(10), Florida Statutes (1987), and is incompatible with the recently added language in section 455.2273, Florida Statutes (1987).”
O'Connor v. Dept. of Pro. Reg., Const. Indus. Licensing Bd., 566 So. 2d 549 (Fla. 2d DCA 1990). “" § 455.2273(1), Fla. Stat. (1987) (corresponds to Ch.”
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