Florida Statutes
Fla. Stat. § 458.327 (2025)
Penalty for violations.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
458.327 Penalty for violations.—
(1) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
(a) The practice of medicine or an attempt to practice medicine without a license to practice in Florida.
(b) The use or attempted use of a license which is suspended or revoked to practice medicine.
(c) Attempting to obtain or obtaining a license to practice medicine by knowing misrepresentation.
(d) Attempting to obtain or obtaining a position as a medical practitioner or medical resident in a clinic or hospital through knowing misrepresentation of education, training, or experience.
(e) Knowingly operating, owning, or managing a nonregistered pain-management clinic that is required to be registered with the Department of Health pursuant to s. 458.3265(1).
(f) Dispensing a controlled substance listed in Schedule II or Schedule III in violation of s. 465.0276.
(2) Each of the following acts constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083:
(a) Knowingly concealing information relating to violations of this chapter.
(b) Making any willfully false oath or affirmation whenever an oath or affirmation is required by this chapter.
(c) Referring any patient, for health care goods or services, to a partnership, firm, corporation, or other business entity in which the physician or the physician’s employer has an equity interest of 10 percent or more unless, prior to such referral, the physician notifies the patient of his or her financial interest and of the patient’s right to obtain such goods or services at the location of the patient’s choice. This section does not apply to the following types of equity interest:
1. The ownership of registered securities issued by a publicly held corporation or the ownership of securities issued by a publicly held corporation, the shares of which are traded on a national exchange or the over-the-counter market;
2. A physician’s own practice, whether he or she is a sole practitioner or part of a group, when the health care good or service is prescribed or provided solely for the physician’s own patients and is provided or performed by the physician or under the physician’s supervision; or
3. An interest in real property resulting in a landlord-tenant relationship between the physician and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or is otherwise unrelated to fair market value.
(d) Leading the public to believe that one is licensed as a medical doctor, or is engaged in the licensed practice of medicine, without holding a valid, active license.
(e) Practicing medicine or attempting to practice medicine with an inactive or delinquent license.
(f) Knowingly prescribing or dispensing, or causing to be prescribed or dispensed, controlled substances in a nonregistered pain-management clinic that is required to be registered with the Department of Health pursuant to s. 458.3265(1).
History.—ss. 1, 8, ch. 79-302; ss. 2, 3, ch. 81-318; s. 32, ch. 85-175; ss. 17, 25, 26, ch. 86-245; s. 23, ch. 88-1; s. 86, ch. 91-224; s. 4, ch. 91-429; s. 81, ch. 92-149; s. 165, ch. 94-119; s. 209, ch. 97-103; s. 48, ch. 2000-318; s. 5, ch. 2010-211; s. 5, ch. 2011-141.
Arrestable Offenses under F.S. 458.327
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§458.327(1a)HEALTH-SAFETYPRACTICE MEDICINE WITHOUT ACTIVE LICENSE
§458.327(1b)HEALTH-SAFETYUSE SUSPENDED OR REVOKED MEDICAL LICENSE
§458.327(1c)HEALTH-SAFETYOBTAIN MEDICAL LIC BY MISREPRESENTATION
§458.327(1d)HEALTH-SAFETYOBTAIN MEDICAL POSITION BY MISREPRESENTATION
§458.327(1e)HEALTH-SAFETYOWN OPERATE NONREGISTERED PAIN CLINIC
§458.327(1f)DRUGS-HEALTH OR SAFETYDISPENSE CONTROLLED SUBSTANCE II OR III
§458.327(2a)HEALTH-SAFETYCONCEAL VIOLATION OF MEDICAL LICENSE LAW
§458.327(2b)HEALTH-SAFETYMAKE FALSE OATH RE MEDICAL LICENSE LAW
§458.327(2c)HEALTH-SAFETYREFER PATIENT W/O REQUIRED NOTICE
§458.327(2d)HEALTH-SAFETYMISLEAD PUBLIC ABOUT MEDICAL LICENSE
§458.327(2e)HEALTH-SAFETYPRACTICE MEDICINE W INACTIVE DELINQ LIC
§458.327(2f)HEALTH-SAFETYPRESCRIBE DISPENSE CONTROL SUB NONREGIS CLINIC
Notes of Decisions
Cited in 12
cases, 1983–2018 · leading case: Mazurek v. Armstrong, 520 U.S. 968 (1997).
Mazurek v. Armstrong, 520 U.S. 968 (1997). “without a license" for purposes of the felony defined in Fla. Stat. Ann. § 458.327 (1) (Supp. 1997), but there is no reason to think it would not violate the more specific prohibition on the performance of abortions by persons other than "a doctor of medicine or osteopathic…”
Bernal v. Dept. of Prof. Reg., 517 So. 2d 113 (Fla. 3d DCA 1987). “See section 458.327, Florida Statutes. In our view, neither ground asserted by the board passes muster under the statute.”
Hanft v. Church (In Re Hanft), 315 B.R. 617 (S.D. Fla. 2002). “§ 458.327(l)(a). The administrative complaint was resolved by a consent decree, which included a formal reprimand and imposition of a ,000 fine against Appellant.”
Mendizabal v. Hernandez-Abreu (In re Hernandez-Abreu), 506 B.R. 307 (Bankr. S.D. Florida 2014). “Fla. Stat. § 458.327 . In particular, Chapter 458 requires a physician have malpractice insurance or have a bond or irrevocable letter of credit for $ 100,000.”
Fla. Med. Ass'n v. Dept. of Prof. Reg., 426 So. 2d 1112 (Fla. 1st DCA 1983). “Section 458.327 (Florida Statutes). If the contentions of appellant are correct, the rule purports to authorize acts by optometrists which are unlawful under Chapter 458, and contrary to the stated purposes of both Chapters 463 and 458.”
Church v. Hanft (In Re Hanft), 274 B.R. 917 (Bankr. S.D. Florida 2002). “Hanft with practicing without an active license in violation of F.S. § 458.327(l)(a). Violations of that statute constitute third degree felonies.”
Fla. Optometric Ass'n v. Dept. of Pro. Reg., Bd. of Opticianry, 567 So. 2d 928 (Fla. 1st DCA 1990). “Section 458.327 (Florida Statutes). If the contentions of appellant are correct, the rule purports to authorize acts by optometrists which are unlawful under Chapter 458, and contrary to the stated purposes of both Chapters 463 and 458.”
State of Florida v. William Crumbley, 247 So. 3d 666 (Fla. 2d DCA 2018). “Section 458.327(1)(e) criminalizes the knowing operation, ownership, or management of a nonregistered clinic.”
Rehab Assocs. v. Blue Cross & Blue Shield of Massachusetts, Inc., 645 N.E.2d 1183 (Mass. App. Ct. 1995). “See, in this regard, Florida’s Medical Practice Statute, Fla. Stat. § 458.327 (2)(c) (1993), making *69 criminal, with certain exceptions, referrals to entities in which the referring practitioner has an equity interest of ten or more percent “unless, prior to such referral, the…”
Bd. of Med. v. Mata, 561 So. 2d 364 (Fla. 1st DCA 1990). “Pursuant to this investigation, the Department issued an investigative report to the Board stating that it had probable cause to believe that Mata had violated section 458.327(l)(a), which makes the practice or attempt to practice medicine without an active license a…”
Baker v. State, 501 So. 2d 17 (Fla. 5th DCA 1986). “§ 458.327(1)(a), Fla.Stat. (1985). . The jury found Tracy Baker guilty on Counts I, II, III, IV, VII, IX, X, XII, XIII, XIV, XV, XXIII, XXIX, XXXIII, XXXVII, XXXVIII, XXXIX, XXXXI, XXXXIII, and XXXXVI.”
Castelli v. Dep't of Prof'l Reg., 33 Fla. Supp. 2d 191 (Fla. Div. Admin. Hr'g 1989). “Section 458.327(l)(c) provides that certain conduct constitutes a felony of the third degree, namely, attempting to obtain or obtaining a license to practice medicine by knowing misrepresentation.”
— 458.327(1)(a) — 1 case
Baker v. State, 501 So. 2d 17 (Fla. 5th DCA 1986). “§ 458.327(1)(a), Fla.Stat. (1985). . The jury found Tracy Baker guilty on Counts I, II, III, IV, VII, IX, X, XII, XIII, XIV, XV, XXIII, XXIX, XXXIII, XXXVII, XXXVIII, XXXIX, XXXXI, XXXXIII, and XXXXVI.”
— 458.327(1)(e) — 1 case
State of Florida v. William Crumbley, 247 So. 3d 666 (Fla. 2d DCA 2018). “Section 458.327(1)(e) criminalizes the knowing operation, ownership, or management of a nonregistered clinic.”
— 458.327(l)(a) — 3 cases
Hanft v. Church (In Re Hanft), 315 B.R. 617 (S.D. Fla. 2002). “§ 458.327(l)(a). The administrative complaint was resolved by a consent decree, which included a formal reprimand and imposition of a ,000 fine against Appellant.”
Church v. Hanft (In Re Hanft), 274 B.R. 917 (Bankr. S.D. Florida 2002). “Hanft with practicing without an active license in violation of F.S. § 458.327(l)(a). Violations of that statute constitute third degree felonies.”
Bd. of Med. v. Mata, 561 So. 2d 364 (Fla. 1st DCA 1990). “Pursuant to this investigation, the Department issued an investigative report to the Board stating that it had probable cause to believe that Mata had violated section 458.327(l)(a), which makes the practice or attempt to practice medicine without an active license a…”
— 458.327(l)(c) — 1 case
Castelli v. Dep't of Prof'l Reg., 33 Fla. Supp. 2d 191 (Fla. Div. Admin. Hr'g 1989). “Section 458.327(l)(c) provides that certain conduct constitutes a felony of the third degree, namely, attempting to obtain or obtaining a license to practice medicine by knowing misrepresentation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.