Florida Statute 456.063 | 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. 456.063

456.063 Sexual misconduct; disqualification for license, certificate, or registration.—

(1) Sexual misconduct in the practice of a health care profession means violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or representative of the patient or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited.

(2) Each board within the jurisdiction of the department, or the department if there is no board, shall refuse to admit a candidate to any examination and refuse to issue a license, certificate, or registration to any applicant if the candidate or applicant has:

(a) Had any license, certificate, or registration to practice any profession or occupation revoked or surrendered based on a violation of sexual misconduct in the practice of that profession under the laws of any other state or any territory or possession of the United States and has not had that license, certificate, or registration reinstated by the licensing authority of the jurisdiction that revoked the license, certificate, or registration; or

(b) Committed any act in any other state or any territory or possession of the United States which if committed in this state would constitute sexual misconduct.

For purposes of this subsection, a licensing authority’s acceptance of a candidate’s relinquishment of a license which is offered in response to or in anticipation of the filing of administrative charges against the candidate’s license constitutes the surrender of the license.

(3) Licensed health care practitioners shall report allegations of sexual misconduct to the department, regardless of the practice setting in which the alleged sexual misconduct occurred.

History.—s. 1, ch. 95-183; s. 52, ch. 97-261; s. 78, ch. 99-397; s. 82, ch. 2000-160; s. 25, ch. 2000-318; s. 70, ch. 2001-277.

Note.—Former s. 455.2142; s. 455.567.

F.S. 456.063 on Google Scholar

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Amendments to 456.063

Arrestable Offenses / Crimes under Fla. Stat. 456.063

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.063.

Annotations, Discussions, Cases:

Cases Citing Statute 456.063

Total Results: 7

Juan Francisco Sanchez, R.D.H. v. State of Florida Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2017-08-28

Citation: 225 So. 3d 964, 2017 Fla. App. LEXIS 12245

Snippet: Sanchez repeatedly had violated §§ 456.072(l)(v) and 456.063(1) by committing sexual misconduct against multiple

MacHiela v. STATE, DEPT. OF HEALTH, BOARD OF OPTOMETRY

Court: District Court of Appeal of Florida | Date Filed: 2008-12-10

Citation: 995 So. 2d 1168, 2008 Fla. App. LEXIS 18486

Snippet: department charged Dr. Machiela with violating section 456.063(1), Florida Statutes, which provides: *1170 Sexual

Field v. STATE, DEPT. OF HEALTH

Court: District Court of Appeal of Florida | Date Filed: 2005-05-31

Citation: 902 So. 2d 893, 2005 Fla. App. LEXIS 8085, 2005 WL 1262871

Snippet: misconduct as defined in and prohibited by section 456.063(1). That statute provides as follows: Sexual misconduct

Citizens of the State v. Florida Public Service Commission

Court: Supreme Court of Florida | Date Filed: 1982-04-29

Citation: 415 So. 2d 1268, 1982 Fla. LEXIS 2443

Snippet: Utilities Commission v. United Fuel Gas Co., 317 U.S. 456, 63 S.Ct. 369, 87 L.Ed. 396 (1943). Public counsel

United Tel. Co. of Fla. v. Mann

Court: Supreme Court of Florida | Date Filed: 1981-07-30

Citation: 403 So. 2d 962, 1981 WL 610488

Snippet: Utils. Comm'n v. United Fuel Gas Co., 317 U.S. 456, 63 S.Ct. 369, 87 L.Ed. 396 (1943); Pacific Tel. &

City of Miami v. Florida Public Service Commission

Court: Supreme Court of Florida | Date Filed: 1968-03-27

Citation: 208 So. 2d 249, 1968 WL 163771

Snippet: Commission of Ohio v. United Fuel Gas. Co., 317 U.S. 456, 63 S.Ct. 369, 87 L.Ed. 396, the Court said: "* * *

Frates v. Nichols

Court: District Court of Appeal of Florida | Date Filed: 1964-09-24

Citation: 167 So. 2d 77

Snippet: FRATES, Appellee. Nos. 63-454, 63-455, 63-478, 63-456, 63-457, 63-477, 63-475, 63-476. District Court of