The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

View Entire Chapter

F.S. 456.003

456.003 Legislative intent; requirements.—

(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 for the preservation of the health, safety, and welfare of the public under the police powers of the state. Such professions shall be regulated when:

(a) Their unregulated practice can harm or endanger the health, safety, and welfare of the public, and when the potential for such harm is recognizable and clearly outweighs any anticompetitive impact which may result from regulation.

(b) The public is not effectively protected by other means, including, but not limited to, other state statutes, local ordinances, or federal legislation.

(3) It is further legislative intent that the use of the term “profession” with respect to those activities licensed and regulated by the department shall not be deemed to mean that such activities are not occupations for other purposes in state or federal law.

(4)(a) Neither the department nor any board may create unreasonably restrictive and extraordinary standards that deter qualified persons from entering the various professions. Neither the department nor any board may take any action that tends to create or maintain an economic condition that unreasonably restricts competition, except as specifically provided by law.

(b) Neither the department nor any board may create a regulation that has an unreasonable effect on job creation or job retention in the state or that places unreasonable restrictions on the ability of individuals who seek to practice or who are practicing a profession or occupation to find employment.

(c) The Legislature shall evaluate proposals to increase the regulation of regulated professions or occupations to determine the effect of increased regulation on job creation or retention and employment opportunities.

(5) Policies adopted by the department shall ensure that all expenditures are made in the most cost-effective manner to maximize competition, minimize licensure costs, and maximize public access to meetings conducted for the purpose of professional regulation. The long-range planning function of the department shall be implemented to facilitate effective operations and to eliminate inefficiencies.

(6) Unless expressly and specifically granted in statute, the duties conferred on the boards do not include the enlargement, modification, or contravention of the lawful scope of practice of the profession regulated by the boards. This subsection shall not prohibit the boards, or the department when there is no board, from taking disciplinary action or issuing a declaratory statement.

History.—s. 38, ch. 97-261; s. 135, ch. 99-251; s. 38, ch. 2000-160; s. 57, ch. 2001-277.

Note.—Former s. 455.517.

F.S. 456.003 on Google Scholar

F.S. 456.003 on Casetext

Amendments to 456.003

Arrestable Offenses / Crimes under Fla. Stat. 456.003

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.003.

Annotations, Discussions, Cases:

Cases from cite.case.law:

M. SORENSON, v. PROFESSIONAL COMPOUNDING PHARMACISTS OF WESTERN PENNSYLVANIA, INC. a a A. M. D. E. II, M. D. PAC R. N., 191 So. 3d 929 (Fla. Dist. Ct. App. 2016)

. . . .” § 456.003(1), (2). . . .

Dr. WOLLSCHLAEGER, Dr. Dr. v. GOVERNOR OF THE STATE OF FLORIDA, P. El s a ACLU, 814 F.3d 1159 (11th Cir. 2015)

. . . . § 456.003(2) (stating the Florida legislature’s belief that “the preservation of the health, safety . . .

Dr. WOLLSCHLAEGER, Dr. Dr. v. GOVERNOR OF FLORIDA, Of P. El s A, 797 F.3d 859 (11th Cir. 2015)

. . . . § 456.003(2) (stating the Florida legislature’s belief that “the preservation of the health, safety . . .

KALE, Ph. D. v. DEPARTMENT OF HEALTH,, 175 So. 3d 815 (Fla. Dist. Ct. App. 2015)

. . . See also § 456.003(2), Fla. . . .

A. SLOBAN, v. FLORIDA BOARD OF PHARMACY,, 982 So. 2d 26 (Fla. Dist. Ct. App. 2008)

. . . See § 456.003, Fla. Stat. (2006). . . .

ACTIVE SPINE CENTERS, LLC, v. STATE FARM FIRE AND CASUALTY CO., 911 So. 2d 241 (Fla. Dist. Ct. App. 2005)

. . . See § 456.003(2), Fla. Stat. (2001). . . .

CONSULTECH OF JACKSONVILLE, INC. v. DEPARTMENT OF HEALTH,, 876 So. 2d 731 (Fla. Dist. Ct. App. 2004)

. . . Consultech and also argued that DOH’s notice of intent to award the contract to ISF contravened section 456.003 . . . We first consider appellant’s contentions with regard to section 456.003(5), Florida Statutes. . . . in the ALJ’s recommended order (adopted in full by DOH’s final order) as follows: Finally, section 456.003 . . . has failed to affirmatively demonstrate that DOH’s intent to award to ISF in any way offended section 456.003 . . . We reject appellant’s contention that DOH’s interpretation of section 456.003(5) is clearly erroneous . . .