Florida Statute 455.2273 | 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. 455.2273

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

Arrestable Offenses / Crimes under Fla. Stat. 455.2273

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 455.2273.

Annotations, Discussions, Cases:

Cases Citing Statute 455.2273

Total Results: 8

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

Court: Fla. Dist. Ct. App. | Date Filed: 2007-07-25T00:53:00-07:00

Citation: 963 So. 2d 799

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

Bemenderfer v. Department of Business & Professional Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-09T00:00:00-07:00

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

Snippet: for violations endangering public welfare. See § 455.2273(2) Fla. Stat. (2006) (“it [is] the legislative…of its use would negate the purpose of section 455.2273(2) that penalties be imposed under a policy of…, too, would both negate the policy of section 455.2273(2) and be contrary to due process. Reversed with

Lusskin v. Department of Health, Board of Medicine

Court: Fla. Dist. Ct. App. | Date Filed: 2004-02-04T00:00:00-08:00

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

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-22T00:00:00-07:00

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

Snippet: the general public. (Emphasis added.) Section 455.2273, Florida Statutes (1997), provides: 1) Each board…in penalties imposed. We agree. Through section 455.2273, the legislature has acknowledged the importance…judicially reviewable discretion. Considering section 455.2273, we agree with the licensee’s position that the…findings are in part reversed.” However section 455.2273 was created in 1986 and affects violations occurring

Marrero v. DEPT. OF PRO. REGULATION

Court: Fla. Dist. Ct. App. | Date Filed: 1993-08-10T00:53:00-07:00

Citation: 622 So. 2d 1109

Snippet: asserts that the Board failed to comply with section 455.2273, Florida Statutes (1991), because it did not impose… inconsistent with the requirements in section 455.2273 and rule 21U-18.003 and vacate the order, and …support such departure, as required by section 455.2273(3), Florida Statutes, which it did not do. The…application in a manner not inconsistent with section 455.2273 and its rule by "permanently" denying…from the recommended guidelines penalty. Section 455.2273, Florida Statutes (1991), applies to all boards

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

Court: Fla. Dist. Ct. App. | Date Filed: 1990-10-05T00:53:00-07:00

Citation: 568 So. 2d 970

Snippet: incompatible with the recently added language in section 455.2273, Florida Statutes (1987). Although hearing officers…concerning penalties within their professions. Section 455.2273 appears to give boards this policy-making authority…reasons for imposing a different penalty. Section 455.2273 was created in 1986 and affects violations after…the Commission followed the procedure of section 455.2273(3), Florida Statutes (1987), and gave specific…opinion, it was not legally obligated under section 455.2273(3) to provide an explanation of "aggravating

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

Court: Fla. Dist. Ct. App. | Date Filed: 1990-08-10T00:53:00-07:00

Citation: 566 So. 2d 549

Snippet: action which may be imposed by the board." § 455.2273(1), Fla. Stat. (1987) (corresponds to Ch. 86-90…it to impose a penalty above its guidelines. § 455.2273(3), Fla. Stat. (1987).[4] While the omission of

Jordan v. DEPT. OF PRO. REGULATION

Court: Fla. Dist. Ct. App. | Date Filed: 1988-03-14T23:53:00-08:00

Citation: 522 So. 2d 450

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