Florida Statutes

Title XXXII Regulation Of Professions And Occupations

Chapter 468 Miscellaneous Professions And Occupations

Part I - Speech-Language Pathology And Audiology (ss. 468.1105-468.1315)

Part II - Nursing Home Administration (ss. 468.1635-468.1756)

  • §468.1635   Purpose.
    The sole legislative purpose for enacting this chapter is to ensure that every nursing home administrator practicing in this state meets minimum requirements for safe...
  • §468.1645   Administrator license required.
    (1)  No nursing home in the state may operate unless it is under the management of a nursing home administrator who holds a currently valid license,...
  • §468.1655   Definitions.
    As used in this part: (1)  "Board" means the Board of Nursing Home Administrators. (2)  "Department" means the Department of Health. (3)  "Nursing home administrator" means a person...
  • §468.1665   Board of Nursing Home Administrators; membership; appointment; terms.
    (1)  The Board of Nursing Home Administrators is created within the department and shall consist of seven members, to be appointed by the Governor and confirmed...
  • §468.1675   Board headquarters.
    The board shall maintain its official headquarters in the City of Tallahassee. History.--ss. 1, 2, ch. 79-227; ss. 2, 3, ch. 81-318; ss. 16, 17,...
  • §468.1685   Powers and duties of board and department.
    It is the function and duty of the board, together with the department, to: (1)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the...
  • §468.1695   Licensure by examination.
    (1)  Any person desiring to be licensed as a nursing home administrator shall apply to the department to take the licensure examination. The examination shall be...
  • §468.1705   Licensure by endorsement; temporary license.
    (1)  The department shall issue a license by endorsement to any applicant who, upon applying to the department and remitting a fee set by the board...
  • §468.1715   Renewal of license.
    (1)  The department shall renew a license upon receipt of the renewal application and fee. (2)  The department shall adopt rules establishing a procedure for the biennial...
  • §468.1725   Inactive status.
    (1)  The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may...
  • §468.1735   Provisional license.
    The board may establish by rule requirements for issuance of a provisional license. A provisional license shall be issued only to fill a position of...
  • §468.1745   Prohibitions; penalties.
    (1)  No person shall: (a)  Practice nursing home administration unless the person holds an active license to practice nursing home administration. (b)  Use the name or title "nursing...
  • §468.1755   Disciplinary proceedings.
    (1)  The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (a)  Violation of any provision of s. 456.072(1)...
  • §468.1756   Statute of limitations.
    An administrative complaint may only be filed pursuant to s. 456.073 for an act listed in s. 468.1755(1)(c)-(q) within 4 years from the time of...

Part III - Occupational Therapy (ss. 468.201-468.225)

  • §468.201   Short title; purpose.
    (1)  This act shall be known and may be cited as the "Occupational Therapy Practice Act." (2)  It is the purpose of this act to provide for...
  • §468.203   Definitions.
    As used in this act, the term: (1)  "Association" means the Florida Occupational Therapy Association. (2)  "Board" means the Board of Occupational Therapy Practice. (3)  "Occupational therapist" means...
  • §468.204   Authority to adopt rules.
    The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part conferring duties upon it. History.--ss....
  • §468.205   Board of Occupational Therapy Practice.
    (1)  There is created within the department the Board of Occupational Therapy Practice, composed of seven members appointed by the Governor, subject to confirmation by the...
  • §468.207   License required.
    No person shall practice occupational therapy or hold himself or herself out as an occupational therapist or an occupational therapy assistant or as being able...
  • §468.209   Requirements for licensure.
    (1)  An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file a written application, accompanied by the application...
  • §468.211   Examination for licensure.
    (1)  Any person applying for licensure shall, in addition to demonstrating his or her eligibility in accordance with the requirements of s. 468.209, make application to...
  • §468.213   Licensure by endorsement.
    (1)  The board may waive the examination and grant a license to any person who presents proof of current certification as an occupational therapist or occupational...
  • §468.215   Issuance of license.
    (1)  The board shall issue a license to any person who meets the requirements of this act upon payment of the license fee prescribed. (2)  Any person...
  • §468.217   Denial of or refusal to renew license; suspension and revocation of license and other disciplinary measures.
    (1)  The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (a)  Attempting to obtain, obtaining, or renewing a...
  • §468.219   Renewal of license; continuing education.
    (1)  Licenses issued under this part are subject to biennial renewal as provided in s. 456.004. (2)  The board may by rule prescribe continuing education requirements, not...
  • §468.221   Fees.
    (1)  The board shall prescribe, and publish in the manner established by its rules, fees in amounts determined by the board for the following purposes: (a)  Application...
  • §468.223   Prohibitions; penalties.
    (1)  A person may not: (a)  Practice occupational therapy unless such person is licensed pursuant to ss. 468.201-468.225; (b)  Use, in connection with his or her name or...
  • §468.225   Exemptions.
    (1)  Nothing in this act shall be construed as preventing or restricting the practice, services, or activities of: (a)  Any person licensed in this state by any...

Part IV - Radiological Personnel Certification (ss. 468.3001-468.314)

  • §468.3001   Short title.
    This part may be cited as the "Radiological Personnel Certification Act." History.--ss. 1, 19, ch. 84-269; s. 4, ch. 91-429; s. 1, ch. 2006-139. ...
  • §468.3003   Declaration of policy.
    It is declared to be the policy of the state that the health and safety of the people must be protected against the harmful effects...
  • §468.301   Definitions.
    As used in this part, the term: (1)  "Basic X-ray machine operator" means a person who is employed by a licensed practitioner to perform certain radiographic...
  • §468.302   Use of radiation; identification of certified persons; limitations; exceptions.
    (1)  Except as provided in this section, a person may not use radiation or otherwise practice radiologic technology or any of the duties of a radiologist...
  • §468.303   Rules.
    The department is authorized to make such rules, not inconsistent with law, as may be necessary to carry out the provisions of this part. The...
  • §468.304   Certification.
    The department shall certify any applicant who meets the following criteria: (1)  Pays to the department a nonrefundable fee that may not exceed $100, plus the...
  • §468.305   Certification; standards.
    The department shall develop standards for certification for the categories of radiological personnel or procedures specified in s. 468.302. The certification standards shall be developed...
  • §468.306   Examinations.
    All applicants for certification as a radiologic technologist, basic X-ray machine operator, or basic X-ray machine operator-podiatric medicine, except those certified pursuant to s. 468.3065,...
  • §468.3065   Certification by endorsement.
    (1)  The department may issue a certificate by endorsement to practice as a radiologist assistant to an applicant who, upon applying to the department and remitting...
  • §468.307   Certificate; issuance; display.
    (1)  The department shall issue a certificate to each candidate who has met the requirements of ss. 468.304 and 468.306 or has qualified under s. 468.3065....
  • §468.309   Certificate; duration; renewal; reversion to inactive status; members of Armed Forces and spouses.
    (1)(a)  A certificate issued in accordance with this part expires as specified in rules adopted by the department which establish a procedure for the biennial renewal...
  • §468.3095   Inactive status; reactivation; automatic suspension; reinstatement.
    (1)  A certificateholder may request that his or her certificate be placed in an inactive status by making application to the department and paying a fee...
  • §468.3101   Disciplinary grounds and actions.
    (1)  The department may make or require to be made any investigations, inspections, evaluations, and tests, and require the submission of any documents and statements, which...
  • §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...
  • §468.3115   Injunctive relief.
    The practice of radiologic technology or the performance of the duties of a radiologist assistant in violation of this part, or the performance of any...
  • §468.312   Fees; disposition.
    All moneys derived from fees imposed pursuant to this part shall be placed in the Radiation Protection Trust Fund to be used by the department...
  • §468.314   Advisory Council on Radiation Protection; appointment; terms; powers; duties.
    (1)  The Advisory Council on Radiation Protection is created within the Department of Health and shall consist of 16 persons to be appointed by the 1State...

Part V - Respiratory Therapy (ss. 468.35-468.369)

  • §468.35   Short title.
    This part shall be known and may be cited as the "Respiratory Care Act." History.--ss. 1, 3, ch. 84-252; s. 4, ch. 91-429. ...
  • §468.351   Purpose and intent; application.
    (1)(a)  The purpose in enacting this part is to provide for the licensure of persons who deliver respiratory care services and who meet certain requirements. The...
  • §468.352   Definitions.
    As used in this part, the term: (1)  "Board" means the Board of Respiratory Care. (2)  "Certified respiratory therapist" means any person licensed pursuant to this part...
  • §468.353   Board of Respiratory Care; powers and duties.
    (1)  The board is authorized to establish minimum standards for the delivery of respiratory care services and to adopt those rules necessary to administer this part....
  • §468.354   Board of Respiratory Care; organization; function.
    (1)  There is created within the department, the Board of Respiratory Care, composed of seven members appointed by the Governor and confirmed by the Senate. (2)  The...
  • §468.355   Licensure requirements.
    To be eligible for licensure by the board, an applicant must be an active "certified respiratory therapist" or an active "registered respiratory therapist" as designated...
  • §468.358   Licensure by endorsement.
    (1)  Licensure as a certified respiratory therapist shall be granted by endorsement to an individual who holds the "Certified Respiratory Therapist" credential issued by the National...
  • §468.359   Assumption of title and use of abbreviations.
    (1)  Only persons who are licensed pursuant to this part as respiratory care practitioners have the right to use the title "Respiratory Care Practitioner" and the...
  • §468.36   Current address.
    Every licensee shall file with the department the licensee's current residence address as defined by board rule. History.--ss. 1, 3, ch. 84-252; s. 4, ch....
  • §468.361   Renewal of licensure; continuing education.
    (1)  The department shall provide by rule a method for the biennial renewal of licensure at fees set by the board. (2)  The board shall prescribe by...
  • §468.363   Reactivation of licensure; continuing education.
    The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may...
  • §468.364   Fees; establishment; disposition.
    (1)  The board shall establish by rule fees for the following purposes: (a)  Application, a fee not to exceed $50. (b)  Initial licensure, a fee not to exceed...
  • §468.365   Disciplinary grounds and actions.
    (1)  The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (a)  Procuring, attempting to procure, or renewing a...
  • §468.366   Penalties for violations.
    (1)  It is a violation of law for any person, including any firm, association, or corporation, to: (a)  Sell or fraudulently obtain, attempt to obtain, or furnish...
  • §468.367   Injunctive relief.
    The department may, in its discretion, in lieu of or in addition to any remedy set forth in this part, file a proceeding in the...
  • §468.368   Exemptions.
    This part may not be construed to prevent or restrict the practice, service, or activities of: (1)  Any person licensed in this state by any other...
  • §468.369   Payment or reimbursement by hospitals of costs of compliance with part.
    A hospital shall not be required to pay for or reimburse any person for the costs of compliance with any of the requirements of this...

Part VI - Auctioneers (ss. 468.381-468.399)

  • §468.381   Purpose.
    The Legislature finds that unqualified auctioneers and apprentices and unreliable auction businesses present a significant threat to the public. It is the intent of the...
  • §468.382   Definitions.
    As used in this act, the term: (1)  "Auction business" means a sole proprietorship, partnership, or corporation which in the regular course of business arranges, manages,...
  • §468.383   Exemptions.
    This act does not apply to the following: (1)  Auctions conducted by the owner, or the owner's attorney, of any part of the property being offered,...
  • §468.384   Florida Board of Auctioneers.
    (1)  There is created in the department the Florida Board of Auctioneers. The board shall be composed of five members appointed by the Governor and confirmed...
  • §468.385   Licenses required; qualifications; examination.
    (1)  The department shall license any applicant who the board certifies is qualified to practice auctioneering. (2)  No person shall auction or offer to auction any property...
  • §468.3851   Renewal of license.
    (1)  The department shall renew a license upon receipt of the renewal application and fee. (2)  The department shall adopt rules establishing a procedure for the biennial...
  • §468.3852   Reactivation of license; fee.
    The board shall prescribe by rule a fee not to exceed $250 for the reactivation of an inactive license. The fee shall be in addition...
  • §468.3855   Apprenticeship training requirements.
    (1)  An auctioneer may not sponsor more than three apprentices at one time. Any auctioneer who serves as a sponsor must have held an active, valid...
  • §468.386   Fees; local licensing requirements.
    (1)  The board by rule may establish application, examination, licensure, renewal, and other reasonable and necessary fees, based upon the department's estimate of the costs to...
  • §468.387   Licensing of nonresidents; endorsement; reciprocity.
    The department shall issue a license by endorsement to practice auctioneering to an applicant who, upon applying to the department and remitting the required fee,...
  • §468.388   Conduct of an auction.
    (1)  Prior to conducting an auction in this state, an auctioneer or auction business shall execute a written agreement with the owner, or the agent of...
  • §468.389   Prohibited acts; penalties.
    (1)  The following acts shall be grounds for the disciplinary activities provided in subsections (2) and (3): (a)  A violation of any law relating to trade or...
  • §468.391   Penalty.
    Any auctioneer, apprentice, or auction business or any owner or manager thereof, or, in the case of corporate ownership, any substantial stockholder of the corporation...
  • §468.392   Auctioneer Recovery Fund.
    There is created the Auctioneer Recovery Fund as a separate account in the Professional Regulation Trust Fund. The fund shall be administered by the Florida...
  • §468.393   Surcharge to license fee; assessments.
    (1)  At the time of licensure under s. 468.385, s. 468.3851, or s. 468.3852, each licensee shall pay, in addition to an application and license fee,...
  • §468.394   Interest credited; payment of expenses.
    Any interest earned or investment of money in the Auctioneer Recovery Fund shall be credited at least semiannually to the fund. No money may be...
  • §468.395   Conditions of recovery; eligibility.
    (1)  Recovery from the Auctioneer Recovery Fund may be obtained as follows: (a)  Any aggrieved person is eligible to receive recovery from the Auctioneer Recovery Fund if...
  • §468.396   Claims against a single licensee in excess of dollar limitation; joinder of claims, payment; insufficient funds.
    (1)  If the payment in full of two or more pending valid claims that have been filed by aggrieved persons against a single licensee would exceed...
  • §468.397   Payment of claim.
    Upon a final order of the court directing that payment be made out of the Auctioneer Recovery Fund, the board shall, subject to the provisions...
  • §468.398   Suspension of judgment debtor's license; repayment by licensee; interest.
    If the board is required to make any payment from the Auctioneer Recovery Fund in settlement of a claim or toward the satisfaction of a...
  • §468.399   Expenditure of excess funds.
    Subject to the approval of the board with the concurrence of the department, the board may expend excess moneys from the Auctioneer Recovery Fund to...

Part VII - Talent Agencies (ss. 468.401-468.415)

  • §468.401   Regulation of talent agencies; definitions.
    As used in this part or any rule adopted pursuant hereto: (1)  "Talent agency" means any person who, for compensation, engages in the occupation or business...
  • §468.402   Duties of the department; authority to issue and revoke license; adoption of rules.
    (1)  The department may take any one or more of the actions specified in subsection (5) against any person who has: (a)  Obtained or attempted to obtain...
  • §468.403   License requirements.
    (1)  A person may not own, operate, solicit business, or otherwise engage in or carry on the occupation of a talent agency in this state unless...
  • §468.404   License; fees; renewals.
    (1)  The department by rule shall establish biennial fees for initial licensing, renewal of license, and reinstatement of license, none of which fees shall exceed $400....
  • §468.405   Qualification for talent agency license.
    (1)  Each person designated in an application under this part as an owner or operator shall be of good moral character as determined by the department....
  • §468.406   Fees to be charged by talent agencies; rates; display.
    (1)  Each applicant for a license shall file with the application an itemized schedule of maximum fees, charges, and commissions which it intends to charge and...
  • §468.407   License; content; posting.
    (1)  The talent agency license shall be valid for the biennial period in which issued and shall be in such form as may be determined by...
  • §468.408   Bond required.
    (1)  There shall be filed with the department for each talent agency license a bond in the form of a surety by a reputable company engaged...
  • §468.409   Records required to be kept.
    Each talent agency shall keep on file the application, registration, or contract of each artist. In addition, such file must include the name and address...
  • §468.410   Prohibition against registration fees; referral.
    (1)  A talent agency may not charge a registration fee. (2)  No talent agency shall, as a condition to registering or obtaining employment for any applicant or...
  • §468.411   Labor disputes; statements required.
    No talent agency shall knowingly send any person who has received a motion picture or videotape engagement or any other engagement to any place where...
  • §468.412   Talent agency regulations.
    (1)  A talent agency shall maintain a record sheet for each booking. This shall be the only required record of placement and shall be kept for...
  • §468.413   Legal requirements; penalties.
    (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)  Owning or...
  • §468.414   Collection and deposit of moneys; appropriation.
    Proceeds from the fines, fees, and penalties imposed pursuant to this part shall be deposited in the Professional Regulation Trust Fund, created by s. 215.37....
  • §468.415   Sexual misconduct in the operation of a talent agency.
    The talent agent-artist relationship is founded on mutual trust. Sexual misconduct in the operation of a talent agency means violation of the talent agent-artist relationship...

Part VIII - Community Association Management (ss. 468.431-468.438)

  • §468.431   Definitions.
    (1)  "Community association" means a residential homeowners' association in which membership is a condition of ownership of a unit in a planned unit development, or of...
  • §468.4315   Regulatory Council of Community Association Managers.
    (1)  The Regulatory Council of Community Association Managers is created within the department and shall consist of seven members appointed by the Governor and confirmed by...
  • §468.432   Licensure of community association managers; exceptions.
    (1)  A person shall not manage or hold herself or himself out to the public as being able to manage a community association in this state...
  • §468.433   Licensure by examination.
    (1)  A person desiring to be licensed as a community association manager shall apply to the department to take the licensure examination. Each applicant must file...
  • §468.4336   Renewal of license.
    (1)  The department shall renew a license upon receipt of the renewal application and fee and upon proof of compliance with the continuing education requirements of...
  • §468.4337   Continuing education.
    The department may not renew a license until the licensee submits proof that the licensee has completed the requisite hours of continuing education. No more...
  • §468.4338   Reactivation; continuing education.
    The council shall prescribe by rule continuing education requirements for reactivating a license. The continuing education requirements for reactivating a license may not exceed 10...
  • §468.435   Fees; establishment; disposition.
    (1)  The council shall, by rule, establish fees for the described purposes and within the ranges specified in this section: (a)  Application fee: not less than $25,...
  • §468.436   Disciplinary proceedings.
    (1)  The following acts constitute grounds for which the disciplinary actions in subsection (3) may be taken: (a)  Violation of any provision of s. 455.227(1). (b)1.  Violation of...
  • §468.4365   Availability of disciplinary records and proceedings.
    Notwithstanding s. 455.225, any complaint or record maintained by the Department of Business and Professional Regulation pursuant to the discipline of a licensed community association...
  • §468.437   Penalties.
    Any person who violates any of the provisions of this part shall be guilty of a misdemeanor of the second degree, punishable as provided in...
  • §468.438   Timeshare management firms.
    (1)  The provisions of this section apply only to community association management performed by a management firm acting as managing entity of a timeshare plan pursuant...

Part IX - Athlete Agents (ss. 468.451-468.457)

  • §468.451   Legislative findings and intent.
    The Legislature finds that dishonest or unscrupulous practices by agents who solicit representation of student athletes can cause significant harm to student athletes and the...
  • §468.452   Definitions.
    For purposes of this part, the term: (1)  "Agent contract" means a contract or agreement in which a student athlete authorizes an athlete agent to represent...
  • §468.453   Licensure required; qualifications; license nontransferable; service of process; temporary license; license or application from another state.
    (1)  Any person who practices as an athlete agent in this state must be licensed pursuant to this part. (2)  A person shall be licensed as an...
  • §468.4535   Exceptions.
    This part does not apply when a student is ineligible to participate in a particular intercollegiate sport unless: (1)  The student athlete's eligibility to participate is...
  • §468.4536   Renewal of licensure.
    The department shall renew a license pursuant to procedures provided for in s. 455.203. History.--s. 5, ch. 95-307. ...
  • §468.454   Contracts.
    (1)  An agent contract must be in a record, signed or otherwise authenticated by the parties. (2)  An agent contract must state: (a)  The amount and method of...
  • §468.456   Prohibited acts.
    (1)  The following acts shall be grounds for the disciplinary actions provided for in subsection (3): (a)  A violation of any law relating to the practice as...
  • §468.4561   Unlicensed activity; penalties for violations.
    No person shall conduct business as an athlete agent unless such person holds an active license pursuant to this part, and no person shall knowingly...
  • §468.45615   Provision of illegal inducements to athletes prohibited; penalties; license suspension.
    (1)  Any person who violates s. 468.456(1)(f) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084,...
  • §468.4562   Civil action by institution.
    (1)  A college or university may sue for damages, as provided by this section, any person who violates this part. A college or university may seek...
  • §468.4565   Business records requirement.
    (1)  An athlete agent shall establish and maintain complete financial and business records. The athlete agent shall save each entry into a financial or business record...
  • §468.457   Rulemaking authority.
    The department shall adopt rules necessary to administer and enforce this part. History.--s. 9, ch. 88-229; s. 1, ch. 89-296; s. 4, ch. 91-429; s....

Part X - Dietetics And Nutrition Practice (ss. 468.501-468.518)

  • §468.501   Short title.
    This part may be cited as the "Dietetics and Nutrition Practice Act." History.--ss. 1, 20, ch. 88-236; s. 4, ch. 91-429; s. 1, ch. 96-367....
  • §468.502   Purpose and intent.
    The Legislature finds that the practice of dietetics and nutrition or nutrition counseling by unskilled and incompetent practitioners presents a danger to the public health...
  • §468.503   Definitions.
    As used in this part: (1)  "Agency" means the Agency for Health Care Administration. (2)  "Board" means the Board of Medicine. (3)  "Dietetics" means the integration and application...
  • §468.504   License required.
    No person may engage for remuneration in dietetics and nutrition practice or nutrition counseling or hold himself or herself out as a practitioner of dietetics...
  • §468.505   Exemptions; exceptions.
    (1)  Nothing in this part may be construed as prohibiting or restricting the practice, services, or activities of: (a)  A person licensed in this state under chapter...
  • §468.506   Dietetics and Nutrition Practice Council.
    There is created the Dietetics and Nutrition Practice Council under the supervision of the board. The council shall consist of four persons licensed under this...
  • §468.507   Authority to adopt rules.
    The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part and chapter 456 conferring duties...
  • §468.508   Fees.
    The board shall, by rule, establish fees to be paid for applications and examination, reexamination, licensing and renewal, licensure by endorsement, temporary permits, renewal, renewal...
  • §468.509   Dietitian/nutritionist; requirements for licensure.
    (1)  Any person desiring to be licensed as a dietitian/nutritionist shall apply to the agency to take the licensure examination. (2)  The agency shall examine any applicant...
  • §468.51   Nutrition counselor; renewal of licensure.
    Any person previously certified as qualified by the board and holding a license to practice as a nutrition counselor in this state which was issued...
  • §468.511   Dietitian/nutritionist; temporary permit.
    (1)  A temporary permit to practice dietetics and nutrition may be issued by the board on the filing of an application, payment of a temporary permit...
  • §468.512   License to be displayed.
    (1)(a)  A licensed dietitian/nutritionist may use the words "dietitian," "licensed dietitian," "nutritionist," or "licensed nutritionist," in connection with the licensee's name or place of business, to...
  • §468.513   Dietitian/nutritionist; licensure by endorsement.
    (1)  The agency shall issue a license to practice dietetics and nutrition by endorsement to any applicant who the board certifies as qualified, upon receipt of...
  • §468.514   Renewal of license.
    (1)  The agency shall renew a license under this part upon receipt of the renewal application, fee, and proof of the successful completion of continuing education...
  • §468.515   Inactive status.
    (1)  A license under this part which has become inactive may be reactivated pursuant to this section. (2)  The agency shall reactivate a license under this part...
  • §468.516   Practice requirements.
    (1)(a)  A licensee under this part shall not implement a dietary plan for a condition for which the patient is under the active care of a...
  • §468.517   Prohibitions; penalties.
    (1)  A person may not knowingly: (a)  Engage in dietetics and nutrition practice or nutrition counseling for remuneration unless the person is licensed under this part; (b)  Use...
  • §468.518   Grounds for disciplinary action.
    (1)  The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (a)  Violating any provision of this part, any...

Part XI - Employee Leasing Companies (ss. 468.520-468.535)

  • §468.520   Definitions.
    As used in this part: (1)  "Applicant" means a business or individual seeking to be licensed under this part. (2)  "Board" means the Board of Employee Leasing...
  • §468.521   Board of Employee Leasing Companies; membership; appointments; terms.
    (1)  The Board of Employee Leasing Companies is created within the Department of Business and Professional Regulation and shall consist of seven members to be appointed...
  • §468.522   Rules of the board.
    The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part. Every licensee shall be governed...
  • §468.523   Applicability of s. 20.165 and ch. 455.
    All provisions of s. 20.165 and chapter 455 relating to activities of regulatory boards shall apply. History.--ss. 5, 17, ch. 91-93; s. 4, ch. 91-429;...
  • §468.524   Application for license.
    (1)  Each employee leasing company and each controlling person required to be licensed shall file with the department a complete written application accompanied by a nonrefundable...
  • §468.5245   Change of ownership.
    (1)  A license or registration issued to any entity under this part may not be transferred or assigned, and a licensee or registrant may not operate...
  • §468.525   License requirements.
    (1)  Each controlling person licensed by the department shall: (a)  Be at least 18 years of age. (b)  Be of good moral character. (c)  Have the education, managerial, or...
  • §468.526   License required; fees.
    (1)  An employee leasing company or controlling person may not engage in business in this state without first obtaining a license from the department. (2)  Two or...
  • §468.527   Licensure and license renewal.
    (1)  The department shall license any applicant who the board certifies is qualified to practice employee leasing as an employee leasing company, employee leasing company group,...
  • §468.5275   Registration and exemption of de minimis operations.
    (1)  An employee leasing company is exempt from the licensing requirements specified in s. 468.525 and from the fees specified in s. 468.526 if such company:...
  • §468.528   Delinquent licenses.
    Failure to renew the license at the time of renewal and pay the appropriate fee shall result in the license becoming delinquent. Licensees shall have...
  • §468.529   Licensee's insurance; employment tax; benefit plans.
    (1)  A licensed employee leasing company is the employer of the leased employees, except that this provision is not intended to affect the determination of any...
  • §468.530   License, contents; posting.
    (1)  All licenses issued pursuant to this part shall be in a form prescribed by the department. (a)  Each employee leasing company license shall specify the name...
  • §468.531   Prohibitions; penalties.
    (1)  No person or entity shall: (a)  Practice or offer to practice as an employee leasing company, an employee leasing company group, or a controlling person unless...
  • §468.532   Discipline.
    (1)  The following constitute grounds for which disciplinary action against a licensee may be taken by the board: (a)  Being convicted or found guilty of, or entering...
  • §468.533   Collected fees.
    All fees collected pursuant to this part shall be deposited into the Professional Regulation Trust Fund. History.--ss. 15, 17, ch. 91-93; s. 4, ch. 91-429;...
  • §468.534   Application.
    Nothing in this part shall exempt any client of any employee leasing company, or any leased employee, from any other license requirements of state, local,...
  • §468.535   Investigations; audits; review.
    (1)  The department may make investigations, audits, or reviews within or outside this state as it deems necessary: (a)  To determine whether a person or company has...

Part XII - Building Code Administrators And Inspectors
(ss. 468.601-468.633)

  • §468.601   Purpose.
    The Legislature finds that, where building code administration and inspection personnel fail to adequately, competently, and professionally administer state or local building codes, physical and...
  • §468.602   Exemptions.
    This part does not apply to: (1)  Persons who possess a valid certificate, issued pursuant to s. 633.081, for conducting firesafety inspections, when conducting firesafety inspections....
  • §468.603   Definitions.
    As used in this part: (1)  "Building code administrator" or "building official" means any of those employees of municipal or county governments with building construction regulation...
  • §468.604   Responsibilities of building code administrators, plans examiners, and inspectors.
    (1)  It is the responsibility of the building code administrator or building official to administrate, supervise, direct, enforce, or perform the permitting and inspection of construction,...
  • §468.605   Florida Building Code Administrators and Inspectors Board.
    (1)  There is created within the Department of Business and Professional Regulation the Florida Building Code Administrators and Inspectors Board. Members shall be appointed by the...
  • §468.606   Authority of the board.
    The board is authorized to: (1)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part. (2)  Certify individuals as being qualified...
  • §468.607   Certification of building code administration and inspection personnel.
    The board shall issue a certificate to any individual whom the board determines to be qualified, within such class and level as provided in this...
  • §468.609   Administration of this part; standards for certification; additional categories of certification.
    (1)  Except as provided in this part, any person who desires to be certified shall apply to the board, in writing upon forms approved and furnished...
  • §468.613   Certification by endorsement.
    The board shall examine other certification or training programs, as applicable, upon submission to the board for its consideration of an application for certification by...
  • §468.617   Joint building code inspection department; other arrangements.
    (1)  Nothing in this part shall prohibit any local jurisdiction, school board, community college board, state university, or state agency from entering into and carrying out...
  • §468.619   Building code enforcement officials' bill of rights.
    (1)  It is the finding of the Legislature that building code enforcement officials are employed by local jurisdictions to exercise police powers of the state in...
  • §468.621   Disciplinary proceedings.
    (1)  The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken: (a)  Violating or failing to comply with any provision of...
  • §468.627   Application; examination; renewal; fees.
    (1)  The board shall establish by rule fees to be paid for application, examination, reexamination, certification and certification renewal, inactive status application, and reactivation of inactive...
  • §468.629   Prohibitions; penalties.
    (1)  No person may: (a)  Falsely hold himself or herself out as a certificateholder. (b)  Falsely impersonate a certificateholder. (c)  Present as his or her own the certificate of...
  • §468.631   Building Code Administrators and Inspectors Fund.
    (1)  This part shall be funded through a surcharge, to be assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of one-half cent per...
  • §468.632   Prosecution of criminal violations.
    The department shall report any criminal violation of this part to the proper prosecuting authority for prompt prosecution. History.--s. 24, ch. 93-166. ...
  • §468.633   Authority of local government.
    (1)  Nothing in this part may be construed to restrict the authority of local governments to require as a condition of employment that building code administrators,...

Part XIII - Athletic Trainers (ss. 468.70-468.723)

  • §468.70   Legislative intent.
    It is the intent of the Legislature that athletes be assisted by persons adequately trained to recognize, prevent, and treat physical injuries sustained during athletic...
  • §468.701   Definitions.
    As used in this part, the term: (1)  "Athlete" means a person who participates in an athletic activity. (2)  "Athletic activity" means the participation in an activity,...
  • §468.703   Board of Athletic Training.
    (1)  The Board of Athletic Training is created within the department and shall consist of nine members appointed by the Governor and confirmed by the Senate....
  • §468.705   Rulemaking authority.
    The board is authorized to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of this part conferring duties upon it. The provisions...
  • §468.707   Licensure by examination; requirements.
    (1)  Any person desiring to be licensed as an athletic trainer shall apply to the department on a form approved by the department. The department shall...
  • §468.709   Fees.
    (1)  The board shall, by rule, establish fees for the following purposes: (a)  An application fee, not to exceed $100. (b)  An examination fee, not to exceed $200....
  • §468.711   Renewal of license; continuing education.
    (1)  The department shall renew a license upon receipt of the renewal application and fee, provided the applicant is in compliance with the provisions of this...
  • §468.713   Responsibilities of athletic trainers.
    An athletic trainer shall practice within a written protocol established between the athletic trainer and a supervising physician licensed under chapter 458, chapter 459, chapter...
  • §468.715   Sexual misconduct.
    The athletic trainer-athlete relationship is founded on mutual trust. Sexual misconduct in the practice of athletic training means violation of the athletic trainer-athlete relationship through...
  • §468.717   Violations and penalties.
    Each of the following acts constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083: (1)  Practicing athletic training for...
  • §468.719   Disciplinary actions.
    (1)  The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (a)  Failing to include the athletic trainer's name...
  • §468.723   Exemptions.
    This part does not prevent or restrict: (1)  The professional practice of a licensee of the department who is acting within the scope of such practice....

Part XIV - Orthotics, Prosthetics, And Pedorthics (ss. 468.80-468.813)

  • §468.80   Definitions.
    As used in this act, the term: (1)  "Agency" means the Agency for Health Care Administration. (2)  "Board" means the Board of Orthotists and Prosthetists. (3)  "Department" means...
  • §468.801   Board of Orthotists and Prosthetists; appointment; membership; terms; headquarters.
    (1)  The Board of Orthotists and Prosthetists is created within the Department of Health and shall consist of seven members appointed by the Governor and confirmed...
  • §468.802   Authority to adopt rules.
    The board shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this act, including rules relating to standards of practice...
  • §468.803   Licensure requirements.
    (1)  The department shall issue a license to practice orthotics, prosthetics, or pedorthics to qualified applicants. Licensure shall be granted independently in orthotics, prosthetics, or pedorthics,...
  • §468.806   Biennial renewal of license.
    (1)  The department shall renew a license upon receipt of the renewal application fee, not to exceed $500, as set by the board. (2)  The board shall...
  • §468.807   Temporary license.
    The board may adopt rules governing the issuance of temporary licenses. (1)  The board may issue a temporary license to: (a)  An applicant for licensure who has...
  • §468.808   Support personnel.
    A person must be licensed to practice orthotics, prosthetics, or pedorthics in this state. However, a licensed orthotist, prosthetist, or pedorthist may delegate duties to...
  • §468.809   Prohibitions; penalties.
    (1)  A person may not: (a)  Make a false or fraudulent statement in any application, affidavit, or statement presented to the board or in any proceeding before...
  • §468.811   Disciplinary proceedings.
    (1)  The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (a)  Attempting to procure a license by fraudulent...
  • §468.812   Exemptions from licensure.
    (1)  This act does not apply to: (a)  A person who is licensed under chapter 458, chapter 459, chapter 460, or chapter 461; (b)  A person performing services...
  • §468.813   Use of titles.
    A person must be licensed under this act to represent himself or herself as a licensed orthotist or prosthetist or use in connection with his...

Part XV - Home Inspectors (ss. 468.83-468.8324)

  • §468.83   Purpose.
    The Legislature recognizes that there is a need to require the licensing of home inspectors and to ensure that consumers of home inspection services can...
  • §468.831   Exemptions.
    The following persons are not required to comply with any provision of this part: (1)  An authorized government employee of the United States, this state, or...
  • §468.8311   Definitions.
    As used in this part, the term: (1)  "Department" means the Department of Business and Professional Regulation. (2)  "Home" means any residential real property, or manufactured or...
  • §468.8312   Fees.
    (1)  The department, by rule, may establish fees to be paid for applications, examination, reexamination, licensing and renewal, inactive status application and reactivation of inactive licenses,...
  • §468.8313   Examinations.
    (1)  A person desiring to be licensed as a home inspector shall apply to the department to take a licensure examination. (2)  An applicant shall be entitled...
  • §468.8314   Licensure.
    (1)  The department shall license any applicant who the department certifies is qualified to practice home inspection services. (2)  The department shall certify for licensure any applicant...
  • §468.8315   Renewal of license.
    (1)  The department shall renew a license upon receipt of the renewal application and upon certification by the department that the licensee has satisfactorily completed the...
  • §468.8316   Continuing education.
    (1)  The department may not renew a license until the licensee submits proof satisfactory to the department that during the 2 years prior to his or...
  • §468.8317   Inactive license.
    (1)  A licensee may request that his or her license be placed in an inactive status by making application to the department. (2)  A license that has...
  • §468.8318   Certification of corporations and partnerships.
    (1)  The department shall issue a certificate of authorization to a corporation or partnership offering home inspection services to the public if the corporation or partnership...
  • §468.8319   Prohibitions; penalties.
    (1)  A home inspector, a company that employs a home inspector, or a company that is controlled by a company that also has a financial interest...
  • §468.832   Disciplinary proceedings.
    (1)  The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken: (a)  Violation of any provision of this part or s....
  • §468.8321   Disclosures.
    Prior to contracting for or commencing a home inspection, a home inspector shall provide to the consumer a copy of his or her license to...
  • §468.8322   Insurance.
    A home inspector shall maintain a commercial general liability insurance policy in an amount of not less than $300,000. History.--s. 2, ch. 2007-235. 1Note.--Effective July...
  • §468.8323   Home inspection report.
    Upon completion of each home inspection for compensation, the home inspector shall provide a written report prepared for the client. (1)  The home inspector shall report:...
  • §468.8324   Grandfather clause.
    A person who performs home inspection services as defined in this part may qualify to be licensed by the department as a home inspector if...

Part XVI - Mold-Related Services (ss. 468.84-468.8423)

  • §468.84   Legislative purpose.
    The Legislature finds it necessary in the interest of the public safety and welfare, to prevent damage to real and personal property, to avert economic...
  • §468.841   Exemptions.
    (1)  The following persons are not required to comply with any provisions of this part relating to mold assessment: (a)  A residential property owner who performs mold...
  • §468.8411   Definitions.
    As used in this part, the term: (1)  "Department" means the Department of Business and Professional Regulation. (2)  "Mold" means an organism of the class fungi that...
  • §468.8412   Fees.
    (1)  The department, by rule, may establish fees to be paid for application, examination, reexamination, licensing and renewal, inactive status application and reactivation of inactive licenses,...
  • §468.8413   Examinations.
    (1)  A person desiring to be licensed as a mold assessor or mold remediator shall apply to the department to take a licensure examination. (2)  An applicant...
  • §468.8414   Licensure.
    (1)  The department shall license any applicant who the department certifies is qualified to practice mold assessment or mold remediation. (2)  The department shall certify for licensure...
  • §468.8415   Renewal of license.
    (1)  The department shall renew a license upon receipt of the renewal application and fee and upon certification by the department that the licensee has satisfactorily...
  • §468.8416   Continuing education.
    (1)  The department may not renew a license until the licensee submits proof satisfactory to it that during the 2 years prior to his or her...
  • §468.8417   Inactive license.
    (1)  A licensee may request that his or her license be placed in an inactive status by making application to the department. (2)  A license that has...
  • §468.8418   Certification of partnerships and corporations.
    (1)  The department shall issue a certificate of authorization to a corporation or partnership offering mold assessment or mold remediation services to the public if the...
  • §468.8419   Prohibitions; penalties.
    (1)  A mold assessor, a company that employs a mold assessor, or a company that is controlled by a company that also has a financial interest...
  • §468.842   Disciplinary proceedings.
    (1)  The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken: (a)  Violation of any provision of this part or s....
  • §468.8421   Insurance.
    (1)  A mold assessor shall maintain general liability and errors and omissions insurance coverage in an amount of not less than $1,000,000. (2)  A mold remediator shall...
  • §468.8422   Contracts.
    A contract to perform mold assessment or mold remediation shall be in a document or electronic record, signed or otherwise authenticated by the parties. A...
  • §468.8423   Grandfather clause.
    A person who performs mold assessment or mold remediation as defined in this part may qualify to be licensed by the department as a mold...