Florida Statutes

Fla. Stat. § 468.311 (2025)

Violations; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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468.311 Violations; penalties.—Each of the following acts constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083:

(1) Practicing radiologic technology or performing the duties of a radiologist assistant without holding an active certificate to do so.

(2) Using or attempting to use a certificate which has been suspended or revoked.

(3) The willful practice of radiologic technology or the willful performance of the duties of a radiologist assistant by a student without a direct supervisor being present.

(4) Knowingly allowing a student to practice radiologic technology or perform the duties of a radiologist assistant without a direct supervisor being present.

(5) Obtaining or attempting to obtain a certificate under this part through bribery or fraudulent misrepresentation.

(6) Using any name or title specified in s. 468.302(2) or any other name or title which implies that a person is certified to practice radiologic technology or to perform the duties of a radiologist assistant, unless such person is duly certified as provided in this part.

(7) Knowingly concealing information relating to the enforcement of this part or rules adopted pursuant to this part.

(8) Employing, for the purpose of applying ionizing radiation to, or otherwise practicing radiologic technology or any of the duties of a radiologist assistant on, any human being, any individual who is not certified under the provisions of this part.

History.—s. 12, ch. 78-383; s. 2, ch. 81-318; ss. 12, 18, 19, ch. 84-269; s. 98, ch. 91-224; s. 4, ch. 91-429; s. 11, ch. 2006-139.

Arrestable Offenses under F.S. 468.311

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§468.311(1)HEALTH-SAFETYPRAC RADIOLOGIC TECH OR ASSIST W/O CERTM · 2nd

§468.311(2)HEALTH-SAFETYUSE SUSP RVKD RADIOLOGIC TECH OR ASSIST LICM · 2nd

§468.311(3)HEALTH-SAFETYSTUDENT PRACT RADIOLOGIC TECH W/O SUPERVISIONM · 2nd

§468.311(4)HEALTH-SAFETYALLOW RADIOLOGIC STUDENT PRACT W/O SUPERVISIONM · 2nd

§468.311(5)FRAUDOBTAIN RADIOLOGIC TECH OR ASSIST CERTIFM · 2nd

§468.311(5)BRIBERYOBTAIN RADIOLOGIC TECH OR ASSIST CERTIFM · 2nd

§468.311(6)FRAUD-IMPERSONUSE TITLE RADIOLOGIC TECH OR ASSIST W/O CERTIFM · 2nd

§468.311(7)PUBLIC ORDER CRIMESCONCEAL INFO RADIOLOGIC TECH OR ASSIST LICM · 2nd

§468.311(8)HEALTH-SAFETYEMPLOY NON CERTIF PERSON USE RADIOLOGIC EQUIPM · 2nd

Notes of Decisions

Cited in 1 case, 2015–2015 · leading case: State Farm Mut. Auto. Ins. v. B&A Diagnostic, Inc., 145 F. Supp. 3d 1154 (2015).

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State Farm Mut. Auto. Ins. v. B&A Diagnostic, Inc., 145 F. Supp. 3d 1154 (2015). “Fla. Stat. § 468.311 (1). A Basic Machine Operator (“BMO”) is defined as “a person who is- employed by a licensed practitioner to perform certain ra-diographic functions .”

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