Florida Statute 456.3 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

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F.S. 456.003

456.003 Legislative intent; requirements.—

(1) It is the intent of the Legislature that persons desiring to engage in any lawful profession regulated by the department shall be entitled to do so as a matter of right if otherwise qualified.

(2) The Legislature further believes that such professions shall be regulated only for the preservation of the health, safety, and welfare of the public under the police powers of the state. Such professions shall be regulated when:

(a) Their unregulated practice can harm or endanger the health, safety, and welfare of the public, and when the potential for such harm is recognizable and clearly outweighs any anticompetitive impact which may result from regulation.

(b) The public is not effectively protected by other means, including, but not limited to, other state statutes, local ordinances, or federal legislation.

(3) It is further legislative intent that the use of the term “profession” with respect to those activities licensed and regulated by the department shall not be deemed to mean that such activities are not occupations for other purposes in state or federal law.

(4)(a) Neither the department nor any board may create unreasonably restrictive and extraordinary standards that deter qualified persons from entering the various professions. Neither the department nor any board may take any action that tends to create or maintain an economic condition that unreasonably restricts competition, except as specifically provided by law.

(b) Neither the department nor any board may create a regulation that has an unreasonable effect on job creation or job retention in the state or that places unreasonable restrictions on the ability of individuals who seek to practice or who are practicing a profession or occupation to find employment.

(c) The Legislature shall evaluate proposals to increase the regulation of regulated professions or occupations to determine the effect of increased regulation on job creation or retention and employment opportunities.

(5) Policies adopted by the department shall ensure that all expenditures are made in the most cost-effective manner to maximize competition, minimize licensure costs, and maximize public access to meetings conducted for the purpose of professional regulation. The long-range planning function of the department shall be implemented to facilitate effective operations and to eliminate inefficiencies.

(6) Unless expressly and specifically granted in statute, the duties conferred on the boards do not include the enlargement, modification, or contravention of the lawful scope of practice of the profession regulated by the boards. This subsection shall not prohibit the boards, or the department when there is no board, from taking disciplinary action or issuing a declaratory statement.

History.—s. 38, ch. 97-261; s. 135, ch. 99-251; s. 38, ch. 2000-160; s. 57, ch. 2001-277.

Note.—Former s. 455.517.

F.S. 456.003 on Google Scholar

F.S. 456.003 on CourtListener

Amendments to 456.003

Annotations, Discussions, Cases:

Cases Citing Statute 456.003

Total Results: 11

Aquamar S.A. v. Del Monte Fresh Produce N.A., Inc.

179 F.3d 1279, 1999 U.S. App. LEXIS 14654, 1999 WL 438982

Court of Appeals for the Eleventh Circuit | Filed: Jun 30, 1999 | Docket: 395333

Cited 11 times | Published

Foreign Relations Law of the United States § 456(3) (1986) ("Under the law of the United States, a

Sloban v. Florida Board of Pharmacy

982 So. 2d 26, 2008 Fla. App. LEXIS 4782, 2008 WL 876358

District Court of Appeal of Florida | Filed: Apr 3, 2008 | Docket: 1664790

Cited 6 times | Published

unduly restricting those who wish to practice. See § 456.003, Fla. Stat. (2006). Additionally, it cannot be

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

797 F.3d 859, 2015 U.S. App. LEXIS 13070, 2015 WL 4530452

Court of Appeals for the Eleventh Circuit | Filed: Jul 28, 2015 | Docket: 2677703

Cited 1 times | Published

ineffective professional practices, see Fla. Stat. § 456.003(2) (stating the Florida legislature’s belief that

William Kale, Ph.D. v. Department of Health

175 So. 3d 815, 2015 WL 3516737

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2662141

Cited 1 times | Published

reference. (Emphasis added). See also § 456.003(2), Fla. Stat. (2013) (“The Legislature further

Consultech of Jacksonville, Inc. v. DOH

876 So. 2d 731, 2004 WL 1562337

District Court of Appeal of Florida | Filed: Jul 14, 2004 | Docket: 2235516

Cited 1 times | Published

intent to award the contract to ISF contravened section 456.003(5), Florida Statutes, because neither the ALJ

Isaac Industries, Inc. v. Bariven S.A.

Court of Appeals for the Eleventh Circuit | Filed: Jan 24, 2025 | Docket: 68035424

Published

Argued: Dec 10, 2024

RESTATEMENT (THIRD) OF FOREIGN RELATIONS LAW § 456(3) (AM. L. INST. 1987). So “sover- eign immunity

Bradley D. Schaffner v. Florida Department of Health

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68511409

Published

Appellant qualified as a “licensee” under section 456.003(6) because he was admitted to USFCOP, then

Sorenson v. Professional Compounding Pharmacists of Western Pennsylvania, Inc.

191 So. 3d 929, 2016 WL 2726274, 2016 Fla. App. LEXIS 7136

District Court of Appeal of Florida | Filed: May 11, 2016 | Docket: 3063086

Published

public under-the police powers of the state.” § 456.003(1), (2). A pharmacist is a “health care practitioner”

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

814 F.3d 1159, 2015 U.S. App. LEXIS 21573, 2015 WL 8639875

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 2015 | Docket: 3020788

Published

ineffective professional practices. See Fla. Stat. § 456.003(2) (stating the Florida legislature’s belief that

Active Spine Centers, LLC v. State Farm Fire & Casualty Co.

911 So. 2d 241, 2005 Fla. App. LEXIS 15346, 2005 WL 2373425

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 64840444

Published

health, safety, and welfare of the public.” See § 456.003(2), Fla. Stat. (2001). Only by enforcing the registration

Aquamar S.A. v. Del Monte Fresh

Court of Appeals for the Eleventh Circuit | Filed: Jun 30, 1999 | Docket: 395332

Published

the Foreign Relations Law of the United States § 456(3) (1986) (“Under the law of the United States, a