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Florida Statute 455.2273 | Lawyer Caselaw & Research
F.S. 455.2273 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 455.2273

The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 455
BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS
View Entire Chapter
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.

F.S. 455.2273 on Google Scholar

F.S. 455.2273 on Casetext

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 from cite.case.law:

ALEONG, D. Y. M. v. STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 963 So. 2d 799 (Fla. Dist. Ct. App. 2007)

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

K. BEMENDERFER, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 955 So. 2d 659 (Fla. Dist. Ct. App. 2007)

. . . See § 455.2273(2) Fla. . . . be authorized by section 475.25(1)(e), but the manner of its use would negate the purpose of section 455.2273 . . . That, too, would both negate the policy of section 455.2273(2) and be contrary to due process. . . .

L. LUSSKIN, M. D. v. DEPARTMENT OF HEALTH,, 866 So. 2d 733 (Fla. Dist. Ct. App. 2004)

. . . Administrative Code, provide first offense penalties ranging from probation to indefinite suspension, section 455.2273 . . .

M. ARIAS, v. STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE,, 710 So. 2d 655 (Fla. Dist. Ct. App. 1998)

. . . Section 455.2273, Florida Statutes (1997), provides: 1) Each board, or the department when there is no . . . Through section 455.2273, the legislature has acknowledged the importance and necessity of disciplinary . . . Considering section 455.2273, we agree with the licensee’s position that the legislature could not have . . . However section 455.2273 was created in 1986 and affects violations occurring after January 1,1987. . . .

MARRERO, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PSYCHOLOGICAL EXAMINERS,, 622 So. 2d 1109 (Fla. Dist. Ct. App. 1993)

. . . First, she asserts that the Board failed to comply with section 455.2273, Florida Statutes (1991), because . . . , we hold that the Board’s exercise of discretion was inconsistent with the requirements in section 455.2273 . . . the Board exercised its authority to deny the application in a manner not inconsistent with section 455.2273 . . . Section 455.2273, Florida Statutes (1991), applies to all boards and commissions in the Department of . . . See § 455.2273(3), Fla.Stat. (1991). . . .

R. HAMBLEY, v. DEPARTMENT OF PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE,, 568 So. 2d 970 (Fla. Dist. Ct. App. 1990)

. . . l)(b)(10), Florida Statutes (1987), and is incompatible with the recently added language in section 455.2273 . . . Section 455.2273 appears to give boards this policy-making authority while protecting licensees and the . . . Section 455.2273 was created in 1986 and affects violations after January 1, 1987. . . . Although the Commission’s approach is helpful, in my opinion, it was not legally obligated under section 455.2273 . . .

A. O CONNOR, v. DEPARTMENT OF PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD,, 566 So. 2d 549 (Fla. Dist. Ct. App. 1990)

. . . .” § 455.2273(1), Fla.Stat. (1987) (corresponds to Ch. 86-90, § 2, Laws of Fla.). . . . finding of an aggravating circumstance that would allow it to impose a penalty above its guidelines. § 455.2273 . . .

E. JORDAN, v. DEPARTMENT OF PROFESSIONAL REGULATION,, 522 So. 2d 450 (Fla. Dist. Ct. App. 1988)

. . . We note, initially, that section 455.2273, Florida Statutes (1986 Supp.), effective June 13, 1986, mandates . . .