Florida Statute 455.2273 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 455
BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS

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F.S. 455.2273

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.

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Amendments to 455.2273

Annotations, Discussions, Cases:

Cases Citing Statute 455.2273

Total Results: 8

Aleong v. DEPT. OF BUSINESS AND PROF. REG.

963 So. 2d 799, 2007 WL 2119120

District Court of Appeal of Florida | Filed: Jul 25, 2007 | Docket: 1328458

Cited 7 times | Published

increased penalty. Pursuant to Florida Statutes section 455.2273, the Board was required to include in its

Marrero v. DEPT. OF PRO. REGULATION

622 So. 2d 1109, 1993 WL 299508

District Court of Appeal of Florida | Filed: Aug 10, 1993 | Docket: 1528945

Cited 4 times | Published

asserts that the Board failed to comply with section 455.2273, Florida Statutes (1991), because it did not

O'Connor v. Dept. of Pro. Regulation, Const. Industry Licensing Bd.

566 So. 2d 549, 1990 Fla. App. LEXIS 5950, 1990 WL 114701

District Court of Appeal of Florida | Filed: Aug 10, 1990 | Docket: 547524

Cited 3 times | Published

disciplinary action which may be imposed by the board." § 455.2273(1), Fla. Stat. (1987) (corresponds to Ch. 86-90

Hambley v. DEPT. OF PRO. REGULATION, DIV. OF REAL ESTATE

568 So. 2d 970, 1990 WL 145587

District Court of Appeal of Florida | Filed: Oct 5, 1990 | Docket: 1526653

Cited 2 times | Published

incompatible with the recently added language in section 455.2273, Florida Statutes (1987). Although hearing

Jordan v. DEPT. OF PRO. REGULATION

522 So. 2d 450, 1988 WL 20598

District Court of Appeal of Florida | Filed: Mar 15, 1988 | Docket: 1192449

Cited 1 times | Published

case. We disagree. We note, initially, that section 455.2273, Florida Statutes (1986 Supp.), effective

Bemenderfer v. Department of Business & Professional Regulation

955 So. 2d 659, 2007 Fla. App. LEXIS 7118, 2007 WL 1342705

District Court of Appeal of Florida | Filed: May 9, 2007 | Docket: 64850446

Published

for violations endangering public welfare. See § 455.2273(2) Fla. Stat. (2006) (“it [is] the legislative

Lusskin v. Department of Health, Board of Medicine

866 So. 2d 733, 2004 Fla. App. LEXIS 934

District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 64828352

Published

ranging from probation to indefinite suspension, section 455.2273, Florida Statutes, gives the board discretion

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

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

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 64780848

Published

member of the general public. (Emphasis added.) Section 455.2273, Florida Statutes (1997), provides: 1) Each