Florida Statute 455.228 | 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. 455.228

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:

Cases Citing Statute 455.228

Total Results: 7

Earth Trades, Inc. v. T & G Corp.

Court: Fla. | Date Filed: 2013-01-24T00:00:00-08:00

Citation: 108 So. 3d 580, 38 Fla. L. Weekly Supp. 35, 2013 WL 264440, 2013 Fla. LEXIS 87

Snippet: who knowingly hires an unlicensed contractor. § 455.228(1)-(2), Fla. Stat. (2005). This fact, however,

Ago

Court: Fla. Att'y Gen. | Date Filed: 2002-08-21T00:53:00-07:00

Snippet: actions against unlicensed persons pursuant to s. 455.228 or the applicable practice act. Upon completion

Cole Vision v. Dept. of Bus. and Prof.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-13T23:53:00-08:00

Citation: 688 So. 2d 404

Snippet: particularly compelled to this conclusion by section 455.228(1), Florida Statutes, which specifically provides

Catron v. ROGER BOHN, DC, PA

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-15T00:53:00-07:00

Citation: 580 So. 2d 814

Snippet: lawsuit might be the least of his problems. See § 455.228, Fla. Stat. (1987). Within his discipline, he was

Board of Medicine v. Mata

Court: Fla. Dist. Ct. App. | Date Filed: 1990-05-01T00:00:00-07:00

Citation: 561 So. 2d 364, 1990 Fla. App. LEXIS 3105, 1990 WL 57791

Snippet: section 455.228(2) and the issuance of a Notice to Cease and Desist pursuant to section 455.228(1).5 The…became effective February 8, 1988. . Section 455.228(1), Florida Statutes (1987), authorizes the department

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Court: Fla. Att'y Gen. | Date Filed: 1988-07-13T00:53:00-07:00

Snippet: to question one is no, are the provisions of s. 455.228, F.S., inapplicable to such an auction? In sum:… 2. The penalty and procedure provisions of s. 455.228, F.S., do not apply to any sheriff's sale at…whether the penalty and procedure provisions of s.455.228, F.S., apply to a sheriff's sale at auction…705.103, 705.105, or932.704(3)(a), F.S. Section 455.228(1), F.S., provides that: When the department…the reasonable costs of investigation.24 Section 455.228(3), F.S., specifically provides that "[t]he

Ayares-Eisenberg Perrine v. Sun Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1984-08-21T00:53:00-07:00

Citation: 455 So. 2d 525

Snippet: its possession. Jones v. Morgan, 58 Mich. App. 455, 228 N.W.2d 419 (1975). I perceive no reason in the