Florida Statute 455.229 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 455
BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS

View Entire Chapter

F.S. 455.229

455.229 Public inspection of information required from applicants; exceptions; examination hearing.—

(1) All information required by the department of any applicant shall be a public record and shall be open to public inspection pursuant to s. 119.07, except financial information, medical information, school transcripts, examination questions, answers, papers, grades, and grading keys, which are confidential and exempt from s. 119.07(1) and shall not be discussed with or made accessible to anyone except members of the board, the department, and staff thereof, who have a bona fide need to know such information. Any information supplied to the department by any other agency which is exempt from the provisions of chapter 119 or is confidential shall remain exempt or confidential pursuant to applicable law while in the custody of the department.

(2) The department shall establish by rule the procedure by which an applicant, and the applicant’s attorney, may review examination questions and answers. Examination questions and answers are not subject to discovery but may be introduced into evidence and considered only in camera in any administrative proceeding under chapter 120. If an administrative hearing is held, the department shall provide challenged examination questions and answers to the administrative law judge. The examination questions and answers provided at the hearing are confidential and exempt from s. 119.07(1), unless invalidated by the administrative law judge.

(3) Unless an applicant notifies the department at least 5 days prior to an examination hearing of the applicant’s inability to attend, or unless an applicant can demonstrate an extreme emergency for failing to attend, the department may require an applicant who fails to attend to pay reasonable attorney’s fees, costs, and court costs of the department for the examination hearing.

History.—s. 5, ch. 79-36; s. 1, ch. 88-392; s. 8, ch. 90-228; s. 10, ch. 91-137; s. 3, ch. 91-140; s. 60, ch. 92-33; s. 29, ch. 92-149; s. 23, ch. 93-129; s. 13, ch. 94-119; s. 87, ch. 94-218; ss. 306, 307, ch. 96-406; s. 214, ch. 96-410; s. 27, ch. 97-261.

F.S. 455.229 on Google Scholar

F.S. 455.229 on Casetext

Amendments to 455.229

Arrestable Offenses / Crimes under Fla. Stat. 455.229

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 455.229.

Annotations, Discussions, Cases:

Cases Citing Statute 455.229

Total Results: 5

Ago

Court: Fla. Att'y Gen. | Date Filed: 2004-03-23T23:53:00-08:00

Snippet: Alcoholic Beverages and Tobacco prohibited by section 455.229(1), Florida Statutes, from providing copies of …this definition.4 Under the provisions of section 455.229(1), Florida Statutes: "All information required…is not authorized by the provisions of section 455.229, Florida Statutes, to redact from its public records… made exempt from public inspection by section 455.229, Florida Statutes. Rather, in the absence of an…exemption similar to that contained in section 455.229(1), Florida Statutes, which relates specifically

Ago

Court: Fla. Att'y Gen. | Date Filed: 1996-12-12T23:53:00-08:00

Snippet: clarify the language contained in section 455.229. Section 455.229(1), Florida Statutes, provides: "…following question: Do the provisions of section 455.229(1), Florida Statutes, exempt from the Public Records…section310.151, Florida Statutes? In sum: Section 455.229(1), Florida Statutes, does not exempt from the …application be kept confidential pursuant to section 455.229(1), Florida Statutes. Exemptions from the Public… other words within the same statute.3 Section 455.229(1) refers to materials such as school transcripts

Department of Professional Regulation v. Spiva

Court: Fla. Dist. Ct. App. | Date Filed: 1985-10-18T00:00:00-07:00

Citation: 478 So. 2d 382, 10 Fla. L. Weekly 2368, 1985 Fla. App. LEXIS 16423

Snippet: claiming privilege pursuant to sections 119.07 and 455.229, Florida Statutes. Section 119.07(1), Florida Statutes…are exempt from the provisions of (1). Section 455.229, Florida Statutes, provides: All information required…, pursuant to section 119.07(3)(a) and section 455.229, Florida Statutes. In the instant ease, however

Ago

Court: Fla. Att'y Gen. | Date Filed: 1983-08-12T00:53:00-07:00

Snippet: papers, grades, and grading key.' Note also s 455.229, F.S., which provides: All information required…)(c), F.S. (1982 Supp.), and ss 455.217(2) and 455.229, F.S., I am compelled to conclude that it was the…agree with your assertion that ss455.217(2) and 455.229 allow the department to hold closed examination… review hearings. The exception contained in s 455.229 applies only to s 119.07, and does not operate … (concluding that the exemption contained in s 455.229 applies only to the Public Records Law and in no

Ago

Court: Fla. Att'y Gen. | Date Filed: 1980-12-08T23:53:00-08:00

Snippet: 286.011, nor do the provisions of s. 455.217 or s. 455.229. Until legislatively prescribed otherwise, no such…implication or declare any such exemption. Section 455.229 does provide for a partial exemption from the Public…Legislature. The exception or proviso contained in s. 455.229 is to be strictly construed, and no others may