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Florida Statute 455.228 | Lawyer Caselaw & Research
F.S. 455.228 Case Law from Google Scholar
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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. 455.228
455.228 Unlicensed practice of a profession; cease and desist notice; civil penalty; enforcement; citations; allocation of moneys collected.
(1) When the department has probable cause to believe that any person not licensed by the department, or the appropriate regulatory board within the department, has violated any provision of this chapter or any statute that relates to the practice of a profession regulated by the department, or any rule adopted pursuant thereto, the department may issue and deliver to such person a notice to cease and desist from such violation. In addition, the department may issue and deliver a notice to cease and desist to any person who aids and abets the unlicensed practice of a profession by employing such unlicensed person. The issuance of a notice to cease and desist shall not constitute agency action for which a hearing under ss. 120.569 and 120.57 may be sought. For the purpose of enforcing a cease and desist notice, 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 provisions of such notice. In addition to the foregoing remedies, the department may impose an administrative penalty not to exceed $5,000 per incident pursuant to the provisions of chapter 120 or may issue a citation pursuant to the provisions of subsection (3). If the department is required to seek enforcement of the notice for a penalty pursuant to s. 120.569, it shall be entitled to collect its attorney’s fees and costs, together with any cost of collection.
(2) In addition to or in lieu of any remedy provided in subsection (1), the department may seek the imposition of a civil penalty through the circuit court for any violation for which the department may issue a notice to cease and desist under subsection (1). The civil penalty shall be no less than $500 and no more than $5,000 for each offense. The court may also award to the prevailing party court costs and reasonable attorney fees and, in the event the department prevails, may also award reasonable costs of investigation.
(3)(a) Notwithstanding the provisions of s. 455.225, the department shall adopt rules to permit the issuance of citations for unlicensed practice of a profession. The citation shall be issued to the subject and shall contain the subject’s name and any other information the department determines to be necessary to identify the subject, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the subject may choose, in lieu of accepting the citation, to follow the procedure under s. 455.225. If the subject disputes the matter in the citation, the procedures set forth in s. 455.225 must be followed. However, if the subject does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation shall become a final order of the department. The penalty shall be a fine of not less than $500 or more than $5,000 or other conditions as established by rule.
(b) Each day that the unlicensed practice continues after issuance of a citation constitutes a separate violation.
(c) The department shall be entitled to recover the costs of investigation, in addition to any penalty provided according to department rule as part of the penalty levied pursuant to the citation.
(d) Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the subject’s last known address.
(4) All fines, fees, and costs collected through the procedures set forth in this section shall be allocated to the professions in the manner provided for in s. 455.2281 for the allocation of the fees assessed and collected to combat unlicensed practice of a profession.
(5) The provisions of this section apply only to the provisions of s. 455.217 and the professional practice acts administered by the department.
History.s. 3, ch. 84-271; s. 6, ch. 90-228; s. 58, ch. 92-33; s. 26, ch. 92-149; s. 23, ch. 93-129; s. 11, ch. 94-119; ss. 83, 84, ch. 94-218; s. 213, ch. 96-410; s. 25, ch. 97-261; s. 34, ch. 2000-160; s. 13, ch. 2010-106.

F.S. 455.228 on Google Scholar

F.S. 455.228 on Casetext

Amendments to 455.228


Arrestable Offenses / Crimes under Fla. Stat. 455.228
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 455.228.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. There is not a final order that finds you guilty of unlicensed activity. Instead, the Department closed the case against you after issuing a notice to cease and desist. Pursuant to Section 455.228(1), Florida Statutes, the issuance of a notice to cease and desist does not constitute agency action for which a formal hearing or reconsideration may be sought. Further review of the case is not warranted.
    PAGE 11
  2. Earth Trades, Inc. v. T&G Corp.

    108 So. 3d 580 (Fla. 2013)   Cited 17 times   1 Legal Analyses
    As explained above, the defense of in pari delicto requires that the parties be wrongdoers of relatively equal fault. In the instant case, petitioners contend that the parties are in pari delicto because T & G knew that Earth Trades was unlicensed. They point out that the Department of Business and Professional Regulation (DBPR) may issue a cease and desist notice to and impose fines of up to $5,000 on anyone who knowingly hires an unlicensed contractor. § 455.228( 1)-(2), Fla. Stat. (2005). This fact, however, means only that T & G is also a wrongdoer. Petitioners fail to mention that unlicensed contracting is a crime for which a first offense is a first-degree misdemeanor and a second is a third-degree felony. § 489.127(1)-(2), Fla. Stat. (2005). In addition, DBPR may impose a fine of $10,000 on any person found guilty of unlicensed contracting. § 489.13(3), Fla. Stat. (2005). More importantly, as explained above, the Legislature in 2003 amended section 489.128, removing language that made contracts with unlicensed contractors unenforceable by either party and declaring instead that only the unlicensed contractor had no enforceable contract or lien rights with regard…
  3. At an undisclosed time, plaintiff contracted with Kathleen Jansen to perform repairs on her home. On December 16, 2009, Helm received another Notice to cease and desist from Larry Chatfield regarding the electrical work plaintiff performed on Jansen's home without a license in violation of Florida Statutes § 455.228(1). (Doc. #88-1, p. 25.)
    PAGE 4
  4. Practicing interior design in commercial settings in Florida without a license constitutes a misdemeanor, punishable by up to one year in jail. See Fla. Stat. §§ 481.223(2) and 775.082(4)(a). The Florida Board of Architecture and Interior Design ("the Board"), the entity that enforces the license requirement, may also impose an administrative penalty. See Fla. Stat. § 455.228. In recent cases, the Board has sought to charge violators a $5,000.00 fine per violation. The Board has pursued, on average, several hundred cases per year, in recent years.
    PAGE 1190
  5. Cole Vision Corp. v. Dept. of Bus

    688 So. 2d 404 (Fla. Dist. Ct. App. 1997)   Cited 9 times
    We conclude that appellants met the requirements for standing. We are particularly compelled to this conclusion by section 455.228(1), Florida Statutes, which specifically provides for legal action, including the imposition of a civil penalty up to $5000 per offense, against unlicensed persons who violate "any provision of this chapter or any statute that relates to the practice of a profession regulated by the department or the agency, or any rule adopted pursuant thereto." (Emphasis added.) And, although the board has suggested that Rule 59V-3.008 regulates only the conduct of licensed optometrists, at least one paragraph of the rule on its face purports to regulate corporations, such as appellants:
    PAGE 407
  6. Catron v. Bohn

    580 So. 2d 814 (Fla. Dist. Ct. App. 1991)   Cited 7 times
    It is not my impression that Dr. Bohn was practicing outside the discipline of chiropractic. As a chiropractor, he did not attempt to provide medical, neurosurgical care. If he had attempted to practice medicine without a license, this lawsuit might be the least of his problems. See § 455.228, Fla. Stat. (1987). Within his discipline, he was making a professional decision to refer a patient to a specialist. That does not subject him to the neurosurgeon's standard of care, but it may, and in this case does, render the neurosurgeon a physician who "practice[s] . . . in a related field of medicine, so as to be able to provide such expert testimony as to the prevailing professional standard of care in a given field of medicine," i.e., chiropractic. § 766.102(c)(2), Fla. Stat. (Supp. 1988).
    PAGE 821
  7. Board of Medicine v. Mata

    561 So. 2d 364 (Fla. Dist. Ct. App. 1990)   Cited 1 times
    The record shows that the Department, following this statutory directive, investigated Mata's fitness to obtain a license upon learning additional adverse information in March 1989. Pursuant to this investigation, the Department issued an investigative report to the Board stating that it had probable cause to believe that Mata had violated section 458.327(1)(a), which makes the practice or attempt to practice medicine without an active license a third-degree felony. In addition, the Department filed a complaint against Mata in the circuit court seeking imposition of a civil penalty pursuant to section 455.228(2) and the issuance of a Notice to Cease and Desist pursuant to section 455.228(1). The Board likewise followed the directive contained in section 458.313(3) by extending the time to pass on Mata's application another 90 days and remanding the cause back to the DOAH hearing officer for further consideration of whether, in light of the additional information contained in the investigative report, Mata had sufficiently rehabilitated himself to practice medicine.
    PAGE 367

    Cases from cite.case.law:

    EARTH TRADES, INC. v. T G CORPORATION,, 108 So. 3d 580 (Fla. 2013)

    . . . . § 455.228(1)-(2), Fla. Stat. (2005). . . .

    LOCKE, v. SHORE, P., 634 F.3d 1185 (11th Cir. 2011)

    . . . . § 455.228. . . .

    COLE VISION CORPORATION v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF OPTOMETRY,, 688 So. 2d 404 (Fla. Dist. Ct. App. 1997)

    . . . We are particularly compelled to this conclusion by section 455.228(1), Florida Statutes, which specifically . . .

    CATRON, v. ROGER BOHN, D. C. P. A., 580 So. 2d 814 (Fla. Dist. Ct. App. 1991)

    . . . See § 455.228, Fla.Stat. (1987). . . .

    BOARD OF MEDICINE, v. MATA,, 561 So. 2d 364 (Fla. Dist. Ct. App. 1990)

    . . . complaint against Mata in the circuit court seeking imposition of a civil penalty pursuant to section 455.228 . . . (2) and the issuance of a Notice to Cease and Desist pursuant to section 455.228(1). . . . Section 455.228(1), Florida Statutes (1987), authorizes the department, upon finding probable cause to . . .