Fla. Stat. 455.227
Grounds for discipline; penalties; enforcement


(1)

The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession.Intentionally violating any rule adopted by the board or the department, as appropriate.Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession.Using a Class III or a Class IV laser device or product, as defined by federal regulations, without having complied with the rules adopted pursuant to s. 501.122(2) governing the registration of such devices.Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome.Having a license or the authority to practice the regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. The licensing authority’s acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license.Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the board.Failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or the board.Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board.Failing to perform any statutory or legal obligation placed upon a licensee.Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so. Such reports or records shall include only those that are signed in the capacity of a licensee.Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession.Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party.Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.Violating any provision of this chapter, the applicable professional practice act, a rule of the department or the board, or a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department.Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.Failing to comply with the educational course requirements for domestic violence.Failing to report in writing to the board or, if there is no board, to the department within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. A licensee must report a conviction, finding of guilt, plea, or adjudication entered before the effective date of this paragraph within 30 days after the effective date of this paragraph.Termination from an impaired practitioner program as described in s. 456.076 for failure to comply, without good cause, with the terms of the monitoring or participant contract entered into by the licensee or failing to successfully complete a drug or alcohol treatment program.

(a)

Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession.

(b)

Intentionally violating any rule adopted by the board or the department, as appropriate.

(c)

Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession.

(d)

Using a Class III or a Class IV laser device or product, as defined by federal regulations, without having complied with the rules adopted pursuant to s. 501.122(2) governing the registration of such devices.

(e)

Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome.

(f)

Having a license or the authority to practice the regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. The licensing authority’s acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license.

(g)

Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.

(h)

Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the board.

(i)

Failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or the board.

(j)

Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board.

(k)

Failing to perform any statutory or legal obligation placed upon a licensee.

(l)

Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so. Such reports or records shall include only those that are signed in the capacity of a licensee.

(m)

Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession.

(n)

Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party.

(o)

Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.

(p)

Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.

(q)

Violating any provision of this chapter, the applicable professional practice act, a rule of the department or the board, or a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department.

(r)

Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

(s)

Failing to comply with the educational course requirements for domestic violence.

(t)

Failing to report in writing to the board or, if there is no board, to the department within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. A licensee must report a conviction, finding of guilt, plea, or adjudication entered before the effective date of this paragraph within 30 days after the effective date of this paragraph.

(u)

Termination from an impaired practitioner program as described in s. 456.076 for failure to comply, without good cause, with the terms of the monitoring or participant contract entered into by the licensee or failing to successfully complete a drug or alcohol treatment program.

(2)

When the board, or the department when there is no board, finds any person guilty of the grounds set forth in subsection (1) or of any grounds set forth in the applicable practice act, including conduct constituting a substantial violation of subsection (1) or a violation of the applicable practice act which occurred prior to obtaining a license, it may enter an order imposing one or more of the following penalties:Refusal to certify, or to certify with restrictions, an application for a license.Suspension or permanent revocation of a license.Restriction of practice.Imposition of an administrative fine not to exceed $5,000 for each count or separate offense.Issuance of a reprimand.Placement of the licensee on probation for a period of time and subject to such conditions as the board, or the department when there is no board, may specify. Those conditions may include, but are not limited to, requiring the licensee to undergo treatment, attend continuing education courses, submit to be reexamined, work under the supervision of another licensee, or satisfy any terms which are reasonably tailored to the violations found.Corrective action.

(a)

Refusal to certify, or to certify with restrictions, an application for a license.

(b)

Suspension or permanent revocation of a license.

(c)

Restriction of practice.

(d)

Imposition of an administrative fine not to exceed $5,000 for each count or separate offense.

(e)

Issuance of a reprimand.

(f)

Placement of the licensee on probation for a period of time and subject to such conditions as the board, or the department when there is no board, may specify. Those conditions may include, but are not limited to, requiring the licensee to undergo treatment, attend continuing education courses, submit to be reexamined, work under the supervision of another licensee, or satisfy any terms which are reasonably tailored to the violations found.

(g)

Corrective action.

(3)(a)

In addition to any other discipline imposed pursuant to this section or discipline imposed for a violation of any practice act, the board, or the department when there is no board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time.In any case where the board or the department imposes a fine or assessment and the fine or assessment is not paid within a reasonable time, such reasonable time to be prescribed in the rules of the board, or the department when there is no board, or in the order assessing such fines or costs, the department or the Department of Legal Affairs may contract for the collection of, or bring a civil action to recover, the fine or assessment.The department shall not issue or renew a license to any person against whom or business against which the board has assessed a fine, interest, or costs associated with investigation and prosecution until the person or business has paid in full such fine, interest, or costs associated with investigation and prosecution or until the person or business complies with or satisfies all terms and conditions of the final order.

(3)(a)

In addition to any other discipline imposed pursuant to this section or discipline imposed for a violation of any practice act, the board, or the department when there is no board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time.

(b)

In any case where the board or the department imposes a fine or assessment and the fine or assessment is not paid within a reasonable time, such reasonable time to be prescribed in the rules of the board, or the department when there is no board, or in the order assessing such fines or costs, the department or the Department of Legal Affairs may contract for the collection of, or bring a civil action to recover, the fine or assessment.

(c)

The department shall not issue or renew a license to any person against whom or business against which the board has assessed a fine, interest, or costs associated with investigation and prosecution until the person or business has paid in full such fine, interest, or costs associated with investigation and prosecution or until the person or business complies with or satisfies all terms and conditions of the final order.

(4)

In addition to, or in lieu of, any other remedy or criminal prosecution, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any of the provisions of this chapter, or any provision of law with respect to professions regulated by the department, or any board therein, or the rules adopted pursuant thereto.

(5)

In the event the board, or the department when there is no board, determines that revocation of a license is the appropriate penalty, the revocation shall be permanent. However, the board may establish, by rule, requirements for reapplication by applicants whose licenses have been permanently revoked. Such requirements may include, but shall not be limited to, satisfying current requirements for an initial license.

Source: Section 455.227 — Grounds for discipline; penalties; enforcement, https://www.­flsenate.­gov/Laws/Statutes/2024/0455.­227 (accessed Aug. 7, 2025).

455.01
Definitions
455.02
Licensure of members of the Armed Forces in good standing and their spouses or surviving spouses with administrative boards or programs
455.10
Restriction on requirement of citizenship
455.11
Qualification of immigrants for examination to practice a licensed profession or occupation
455.017
Applicability of this chapter
455.24
Advertisement by a veterinarian of free or discounted services
455.32
Management Privatization Act
455.116
Regulation trust funds
455.117
Sale of services and information by department
455.201
Professions and occupations regulated by department
455.203
Department
455.204
Long-range policy planning
455.205
Contacting boards through department
455.207
Boards
455.208
Publication of information
455.209
Accountability and liability of board members
455.211
Board rules
455.212
Education
455.213
General licensing provisions
455.214
Limited licenses
455.217
Examinations
455.218
Foreign-trained professionals
455.219
Fees
455.221
Legal and investigative services
455.223
Power to administer oaths, take depositions, and issue subpoenas
455.224
Authority to issue citations
455.225
Disciplinary proceedings
455.227
Grounds for discipline
455.228
Unlicensed practice of a profession
455.229
Public inspection of information required from applicants
455.232
Disclosure of confidential information
455.242
Veterinarians
455.243
Authority to inspect
455.245
Veterinarians
455.271
Inactive and delinquent status
455.273
Renewal and cancellation notices
455.275
Address of record
455.1165
Federal Grants Trust Fund
455.2035
Rulemaking authority for professions not under a board
455.2121
Education
455.2122
Education
455.2123
Continuing education
455.2124
Proration of or not requiring continuing education
455.2125
Consultation with postsecondary education boards prior to adoption of changes to training requirements
455.2135
Interstate mobility
455.2171
Use of professional testing services
455.2175
Penalty for theft or reproduction of an examination
455.2177
Monitoring of compliance with continuing education requirements
455.2178
Continuing education providers
455.2179
Continuing education provider and course approval
455.2185
Exemption for certain out-of-state or foreign professionals
455.2228
Barbers and cosmetologists
455.2235
Mediation
455.2255
Classification of disciplinary actions
455.2273
Disciplinary guidelines
455.2274
Criminal proceedings against licensees
455.2275
Penalty for giving false information
455.2277
Prosecution of criminal violations
455.2278
Restriction on disciplinary action for student loan default
455.2281
Unlicensed activities
455.2285
Annual report concerning finances, administrative complaints, disciplinary actions, and recommendations
455.2286
Automated information system

Current through Fall 2025

§ 455.227. Grounds for discipline; penalties; enforcement's source at flsenate​.gov