Florida Statute 456.003 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 456.003

Arrestable Offenses / Crimes under Fla. Stat. 456.003

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.003.

Annotations, Discussions, Cases:

Cases Citing Statute 456.003

Total Results: 13

Bradley D. Schaffner v. Florida Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2024-05-08

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

Montesino v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-06-14

Snippet: orders.” Howard, 914 So. 2d at 456. 3

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

Court: District Court of Appeal of Florida | Date Filed: 2016-05-11

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2015-06-03

Citation: 175 So. 3d 815, 2015 WL 3516737

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

In Re Amendments to the Florida Family Law Rules

Court: Supreme Court of Florida | Date Filed: 2010-09-30

Citation: 55 So. 3d 381, 35 Fla. L. Weekly Supp. 524, 2010 Fla. LEXIS 1632, 2010 WL 3781979

Snippet: _________ A copy of any judgment is attached. *456 3. Newly discovered evidence. Newly discovered

Sloban v. Florida Board of Pharmacy

Court: District Court of Appeal of Florida | Date Filed: 2008-04-03

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

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

Florida Birth-Related Neurological Injury Compensation Ass'n v. Florida Division of Administrative Hearings

Court: Supreme Court of Florida | Date Filed: 2007-01-11

Citation: 948 So. 2d 705, 2007 Fla. LEXIS 2

Snippet: whether an injury is compensable under NICA. Id. at 456. 3. Resolving the Conflict Question Again, the narrow

BIRTH-RELATED INJ. COMP. v. Div. of Admin.

Court: Supreme Court of Florida | Date Filed: 2007-01-11

Citation: 948 So. 2d 705

Snippet: whether an injury is compensable under NICA. Id. at 456. 3. Resolving the Conflict Question Again, the narrow

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

Court: District Court of Appeal of Florida | Date Filed: 2005-09-28

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

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

Consultech of Jacksonville, Inc. v. DOH

Court: District Court of Appeal of Florida | Date Filed: 2004-07-14

Citation: 876 So. 2d 731, 2004 WL 1562337

Snippet: award the contract to ISF contravened section 456.003(5), Florida Statutes, because neither the ALJ nor

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-03-13

Snippet: v. S. J. Transportation, Inc., 150 So.2d 450, 456 (3 D.C.A. Fla., 1963). 2 Words of common usage, when

McDowell v. School Board of Suwannee County

Court: District Court of Appeal of Florida | Date Filed: 1978-12-22

Citation: 365 So. 2d 454, 1978 Fla. App. LEXIS 17148

Snippet: requirements set forth in that statute, as follows: *456“(3)(a) The school board of each district shall provide

Goodyear Tire & Rubber Co. v. Daniel

Court: Supreme Court of Florida | Date Filed: 1916-12-19

Citation: 72 Fla. 489

Snippet: Bradley Fertilizer Co., 44 Fla. 787, 33 South. Rep. 456; 3 Am. & Eng. Ency. Law & Proc. 1426. The statute