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Florida Statutes, Title XXXII

Florida/Statutes

← All Florida coverage

Title XXXII, Regulation of Professions and Occupations

39 chapters · 1,524 sections in this title.

All chapters in Title XXXII1,524 Ch 468, Miscellaneous Professions and Occupa…260 Ch 475, Real Estate Brokers, Sales Associate…102 Ch 456, Health Professions and Occupations: …101 Ch 489, Contracting81 Ch 455, Business and Professional Regulation…62 Ch 465, Pharmacy56 Ch 458, Medical Practice54 Ch 466, Dentistry, Dental Hygiene, and Denta…46 Ch 493, Private Investigative, Private Secur…45 Ch 459, Osteopathic Medicine43 Ch 472, Land Surveying and Mapping42 Ch 487, Pesticide Regulation and Safety40 Ch 464, Nursing37 Ch 481, Architecture, Interior Design, and L…35

1,524 sections·Filtered byTitle XXXII✕

Fla. Stat. § 454.021 Attorneys; admission to practice law; Supreme Court to govern and regulate
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(1) Admissions of attorneys and counselors to practice law in the state is hereby declared to be a judicial function.(2) The Supreme Court of Florida, being the highest court of said state, is the proper court to govern and regulate admissions of attorneys and counselors to pract…
Fla. Stat. § 454.026 Authority of Department of Law Enforcement to accept fingerprints of, and exchange criminal history records with respect to, bar applicants
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The Department of Law Enforcement is authorized to accept fingerprints of applicants for admission to The Florida Bar and, to the extent provided for by federal law, to exchange state, multistate, and federal criminal history records with the Florida Board of Bar Examiners for li…
Fla. Stat. § 454.11 Powers of attorneys
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Every attorney duly admitted or authorized to practice in this state shall have the right to appear before any court of the state, or any public board, committee, or officer in the interest of any client, and may appear as amicus curiae when so permitted. All attorneys shall be d…
Fla. Stat. § 454.17 Attorneys may administer oaths in open court
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Attorneys authorized to practice law in this state may administer oaths in open court, in the presence of the presiding judge or justice thereof, and any person swearing falsely under an oath so administered shall be liable to the penalty prescribed for perjury.History.—s. 17, ch…

Fla. Stat. § 454.18 Officers not allowed to practice

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No sheriff or clerk of any court, or full-time deputy thereof, shall practice in this state, nor shall any person not of good moral character, or who has been convicted of an infamous crime be entitled to practice. A person may not be denied the right to practice on account of se…

Fla. Stat. § 454.19 Certain partnerships prohibited

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No judge of a court of this state who is permitted by the constitution and laws to practice law shall form any partnership with the prosecuting attorney of such court or become a partner in any firm in which he or she is a partner. No attorney who may be a law partner with any ju…

Fla. Stat. § 454.20 Attorneys not to be sureties

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No attorney shall become surety on the official bond of any state, county, or municipal officer of this state, nor surety on any bond of a client in judicial proceedings.History.—s. 20, ch. 10175, 1925; CGL 4198.

Fla. Stat. § 454.23 Penalties

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Any person not licensed or otherwise authorized to practice law in this state who practices law in this state or holds himself or herself out to the public as qualified to practice law in this state, or who willfully pretends to be, or willfully takes or uses any name, title, add…

Fla. Stat. § 454.31 Practice while disbarred or suspended prohibited

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Any person who has been knowingly disbarred and who has not been lawfully reinstated or is knowingly under suspension from the practice of law by any circuit court of the state or by the Supreme Court of the state who practices law in this state or holds himself or herself out as…

Fla. Stat. § 454.32 Aiding or assisting disbarred or suspended attorney prohibited

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A person who knowingly aids or assists any person in carrying on the unauthorized practice of law, knowing that such person has been disbarred and has not been lawfully reinstated or is under suspension from the practice of law by any circuit court of the state or by the Supreme …

Fla. Stat. § 455.01 Definitions

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As used in this chapter, the term:(1) “Board” means any board or commission, or other statutorily created entity to the extent such entity is authorized to exercise regulatory or rulemaking functions, within the department, including the Florida Real Estate Commission; except tha…

Fla. Stat. § 455.017 Applicability of this chapter

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This chapter applies only to the regulation of professions by the department.History.—s. 60, ch. 94-218; s. 4, ch. 2010-106.

Fla. Stat. § 455.02 Licensure of members of the Armed Forces in good standing and their spouses or surviving spouses with administrative boards or programs

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(1) Any member of the United States Armed Forces now or hereafter on active duty who, at the time of becoming such a member, was in good standing with any of the boards or programs listed in s. 20.165 and was entitled to practice or engage in his or her profession or occupation i…

Fla. Stat. § 455.10 Restriction on requirement of citizenship

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No person shall be disqualified from practicing an occupation or profession regulated by the state solely because he or she is not a United States citizen.History.—ss. 1, 2, 3, ch. 72-125; s. 1, ch. 74-37; s. 1, ch. 77-174; s. 5, ch. 79-36; s. 187, ch. 97-103.Note.—Former s. 455.…

Fla. Stat. § 455.11 Qualification of immigrants for examination to practice a licensed profession or occupation

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(1) It is the declared purpose of this section to encourage the use of foreign-speaking Florida residents duly qualified to become actively qualified in their professions so that all Florida citizens may receive better services.(2) Any person who has successfully completed, or is…

Fla. Stat. § 455.116 Regulation trust funds

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The following trust funds shall be placed in the department:(1) Administrative Trust Fund.(2) Alcoholic Beverage and Tobacco Trust Fund.(3) Cigarette Tax Collection Trust Fund.(4) Hotel and Restaurant Trust Fund.(5) Division of Florida Condominiums, Timeshares, and Mobile Homes T…

Fla. Stat. § 455.1165 Federal Grants Trust Fund

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(1) The Federal Grants Trust Fund is created within the Department of Business and Professional Regulation.(2) The trust fund is established for use as a depository for funds to be used for allowable grant activities funded by restricted program revenues from federal sources. Mon…

Fla. Stat. § 455.117 Sale of services and information by department

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The department may provide, directly or by contract, services and information to other levels of government and private entities.History.—s. 9, ch. 93-220.

Fla. Stat. § 455.201 Professions and occupations regulated by department; legislative intent; requirements

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(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 f…

Fla. Stat. § 455.203 Department; powers and duties

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The department, for the boards under its jurisdiction, shall:(1) Adopt rules establishing a procedure for the biennial renewal of licenses; however, the department may issue up to a 4-year license to selected licensees notwithstanding any other provisions of law to the contrary. …

Fla. Stat. § 455.2035 Rulemaking authority for professions not under a board

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The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the regulatory requirements of any profession within the department’s jurisdiction which does not have a statutorily authorized regulatory board.History.—s. 136, ch. 99-251.

Fla. Stat. § 455.204 Long-range policy planning; plans, reports, and recommendations

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To facilitate efficient and cost-effective regulation, the department and the board, where appropriate, shall develop and implement a long-range policy planning and monitoring process to include recommendations specific to each profession. Such process shall include estimates of …

Fla. Stat. § 455.205 Contacting boards through department

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Each board under the jurisdiction of the department may be contacted through the headquarters of the department in the City of Tallahassee or at any regional office of the department.History.—s. 30, ch. 69-106; s. 2, ch. 77-115; s. 5, ch. 79-36; s. 38, ch. 92-33; s. 23, ch. 93-12…

Fla. Stat. § 455.207 Boards; organization; meetings; compensation and travel expenses

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(1) Each board within the department shall comply with the provisions of this section.(2) The board shall annually elect from among its number a chairperson and vice chairperson.(3) The board shall meet at least once annually and may meet as often as is necessary. The chairperson…

Fla. Stat. § 455.208 Publication of information

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The department and the boards shall have the authority to advise licensees periodically, through the publication of a newsletter, about information that the department or the board determines is of interest to the industry. Unless otherwise prohibited by law, the department and t…

Fla. Stat. § 455.209 Accountability and liability of board members

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(1) Each board member shall be accountable to the Governor for the proper performance of duties as a member of the board. The Governor shall investigate any legally sufficient complaint or unfavorable written report received by the Governor or by the department or a board concern…

Fla. Stat. § 455.211 Board rules; final agency action; challenges

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(1) The secretary of the department shall have standing to challenge any rule or proposed rule of a board under its jurisdiction pursuant to s. 120.56. In addition to challenges for any invalid exercise of delegated legislative authority, the administrative law judge, upon such a…

Fla. Stat. § 455.212 Education; substituting demonstration of competency for clock-hour requirements

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Any board, or the department when there is no board, that requires student completion of a specific number of clock hours of classroom instruction for initial licensure purposes shall establish the minimal competencies that such students must demonstrate in order to be licensed. …

Fla. Stat. § 455.2121 Education; accreditation

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Notwithstanding any other provision of law, educational programs and institutions which are required by statute to be accredited, but which were accredited by an agency that has since ceased to perform an accrediting function, shall be recognized until such programs and instituti…

Fla. Stat. § 455.2122 Education

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A board, or the department where there is no board, shall approve distance learning courses as an alternative to classroom courses to satisfy prelicensure or postlicensure education requirements provided for in part VIII of chapter 468 or part I of chapter 475. A board, or the de…

Fla. Stat. § 455.2123 Continuing education

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A board, or the department when there is no board, shall allow by rule that distance learning may be used to satisfy continuing education requirements. A board, or the department when there is no board, shall approve distance learning courses as an alternative to classroom course…

Fla. Stat. § 455.2124 Proration of or not requiring continuing education

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(1) A board, or the department when there is no board, may:(a) Prorate continuing education for new licensees by requiring half of the required continuing education for any applicant who becomes licensed with more than half the renewal period remaining and no continuing education…

Fla. Stat. § 455.2125 Consultation with postsecondary education boards prior to adoption of changes to training requirements

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Any state agency or board that has jurisdiction over the regulation of a profession or occupation shall consult with the Commission for Independent Education, the Board of Governors of the State University System, and the State Board of Education prior to adopting any changes to …

Fla. Stat. § 455.213 General licensing provisions

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(1) Any person desiring to be licensed shall apply to the department in writing. The application for licensure shall be submitted on a form prescribed by the department and must include the applicant’s social security number. Notwithstanding any other provision of law, the depart…

Fla. Stat. § 455.2135 Interstate mobility

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(1) When endorsement based upon years of licensure or endorsement based upon satisfaction or completion of multiple criteria that include passage of a licensure or registration examination, completion of internship requirements, or the holding of a valid certificate issued by a n…

Fla. Stat. § 455.214 Limited licenses

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(1) It is the intent of the Legislature that, absent a threat to the health, safety, and welfare of the public, the use of retired professionals in good standing to serve the indigent, underserved, or critical need populations of this state should be encouraged. To that end, the …

Fla. Stat. § 455.217 Examinations

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This section shall be read in conjunction with the appropriate practice act associated with each regulated profession under this chapter.(1) The Division of Professions of the Department of Business and Professional Regulation shall provide, contract, or approve services for the …

Fla. Stat. § 455.2171 Use of professional testing services

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Notwithstanding any other provision of law to the contrary, the department may use a professional testing service to prepare, administer, grade, and evaluate any computerized examination, when that service is available and approved by the board, or the department when there is no…

Fla. Stat. § 455.2175 Penalty for theft or reproduction of an examination

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In addition to, or in lieu of, any other discipline imposed pursuant to s. 455.227, the theft of an examination in whole or in part or the act of reproducing or copying any examination administered by the department, whether such examination is reproduced or copied in part or in …

Fla. Stat. § 455.2177 Monitoring of compliance with continuing education requirements

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(1) The department shall establish a system to monitor licensee compliance with applicable continuing education requirements and to determine each licensee’s continuing education status. As used in this section, the term “monitor” means the act of determining, for each licensee, …

Fla. Stat. § 455.2178 Continuing education providers

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(1) Each continuing education provider shall provide to the department such information regarding the continuing education status of licensees as the department determines is necessary to carry out its duties under s. 455.2177, in an electronic format determined by the department…

Fla. Stat. § 455.2179 Continuing education provider and course approval; cease and desist orders

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(1) If a board, or the department if there is no board, requires completion of continuing education as a requirement for renewal of a license, the board, or the department if there is no board, shall approve the providers and courses for the continuing education. Notwithstanding …

Fla. Stat. § 455.218 Foreign-trained professionals; special examination and license provisions

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(1) When not otherwise provided by law, the department shall by rule provide procedures under which exiled professionals may be examined within each practice act. A person shall be eligible for such examination if the person:(a) Immigrated to the United States after leaving the p…

Fla. Stat. § 455.2185 Exemption for certain out-of-state or foreign professionals; limited practice permitted

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(1) A professional of any other state or of any territory or other jurisdiction of the United States or of any other nation or foreign jurisdiction is exempt from the requirements of licensure under this chapter and the applicable professional practice act under the agency with r…

Fla. Stat. § 455.219 Fees; receipts; disposition; periodic management reports

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(1) Each board within the department shall determine by rule the amount of license fees for its profession, based upon department-prepared long-range estimates of the revenue required to implement all provisions of law relating to the regulation of professions by the department a…

Fla. Stat. § 455.221 Legal and investigative services

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(1) The department shall provide board counsel for boards within the department by contracting with the Department of Legal Affairs, by retaining private counsel pursuant to s. 287.059, or by providing department staff counsel. The primary responsibility of board counsel shall be…

Fla. Stat. § 455.2228 Barbers and cosmetologists; instruction on HIV and AIDS

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(1) The board, or the department where there is no board, shall require each person licensed or certified under chapter 476 or chapter 477 to complete a continuing educational course approved by the board, or the department where there is no board, on human immunodeficiency virus…

Fla. Stat. § 455.223 Power to administer oaths, take depositions, and issue subpoenas

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For the purpose of any investigation or proceeding conducted by the department, the department shall have the power to administer oaths, take depositions, make inspections when authorized by statute, issue subpoenas which shall be supported by affidavit, serve subpoenas and other…

Fla. Stat. § 455.2235 Mediation

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(1) Notwithstanding the provisions of s. 455.225, the board, or the department when there is no board, shall adopt rules to designate which violations of the applicable professional practice act are appropriate for mediation. The board, or the department when there is no board, m…

Fla. Stat. § 455.224 Authority to issue citations

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(1) Notwithstanding s. 455.225, the board or the department shall adopt rules to permit the issuance of citations. The citation shall be issued to the subject and shall contain the subject’s name and address, the subject’s license number if applicable, a brief factual statement, …