Practicing a Health Profession Without a License: Defense in Miami

Florida treats it seriously. The basic charge is a felony, and the statute sets a minimum mandatory sentence of 1 year of incarceration. If you received a cease-and-desist letter, a citation from the Department of Health, or a call from an investigator, call a defense lawyer before you respond.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, and our firm has handled unlicensed-practice cases. Our office answers 24 hours a day.

What Florida Law Prohibits

Under s. 456.065 of the Florida Statutes, it is a crime to practice, attempt to practice, or offer to practice a health care profession without an active, valid Florida license. The professions covered are those regulated by the Florida Department of Health, such as medicine, nursing, dentistry, pharmacy, and massage therapy.

The statute reaches further than many people expect:

• A suspended, revoked, or void license counts as no license.
• Holding yourself out, by any means of communication, as able to practice a health care profession or to provide services that require a license is treated as an attempt or offer to practice. That can include ads, social media, business cards, or a title on a door.
• Applying for a job that requires a license without telling the employer you do not currently have a valid, active license is treated as an attempt or offer to practice.
• An inactive or delinquent license is handled separately, with penalties based on how long the license has been inactive or delinquent.

Penalties Under Florida Law

• Practicing, attempting, or offering to practice without an active, valid license: a third-degree felony. The minimum penalty is a $1,000 fine and a minimum mandatory 1 year of incarceration.
• Practicing without a license when it results in serious bodily injury: a second-degree felony, with the same minimum of a $1,000 fine and a minimum mandatory 1 year of incarceration. The statute defines serious bodily injury broadly, including death, brain or spinal damage, disfigurement, fractures or dislocations, limits on neurological, physical, or sensory function, and any condition that required later surgical repair.
• Practicing on an inactive or delinquent license for up to 12 months: a first-degree misdemeanor. 12 months or more: a third-degree felony. The minimum penalty for either is 30 days of imprisonment and a $500 fine.

What the degrees mean. Under Florida's general penalty statutes, the maximums are: first-degree misdemeanor, up to 1 year; third-degree felony, up to 5 years; second-degree felony, up to 15 years. These are maximums. The minimums above come from s. 456.065 itself.

The administrative side. Separately from any criminal case, the Department of Health can send a notice to cease and desist, and can issue a citation with a fine of $500 to $5,000 per incident. Each day the unlicensed practice continues after a cease-and-desist notice is a separate violation. The department can also seek a civil penalty in circuit court and recover its investigation costs. How you respond to the administrative side can affect the criminal side, and the reverse.

How We Defend Unlicensed-Practice Cases

1. Was it really the practice of a licensed profession? Some services do not require a license. The statute also says it does not restrict the lawful sale, use, or recommendation of dietary supplements. Exactly what you did, and what the law of that profession covers, matters.
2. What was your license status, really? Expired, inactive, delinquent, suspended, and never licensed are treated differently. The difference can be a misdemeanor or a felony with a mandatory minimum.
3. Holding out or not? An ad, a title, or a job application can be the State's whole case. We look at exactly what was said, by whom, and to whom.
4. Undercover visits and patient statements. Many cases are built on an undercover appointment or a complaint from a patient or competitor. We test how the evidence was gathered and whether it shows what the State says.
5. The mandatory minimum. Because the statute sets a minimum mandatory sentence, how the case is charged, and what it is resolved as, matters from the first day.

What to Do Right Now

1. Do not answer the investigator's questions or sign anything. Say you want a lawyer first.
2. Stop the activity in question while you get advice. Each day after a cease-and-desist notice can be a separate violation.
3. Do not delete ads, posts, or records, and do not contact patients or clients about the investigation.
4. Gather your license paperwork: applications, renewals, emails with the board or the department, and anything from another country.
5. Watch the deadline on any citation. If a citation is not disputed within 30 days after it is served, it becomes a final order.
6. If someone is still in jail, see Bond & Nebbia Hearings. If there is a warrant, see Self-Surrender.
7. Call us. Our office answers 24 hours a day.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Our firm has handled unlicensed-practice cases. You can read about some of our past cases on our Results page.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is practicing without a license really a felony in Florida?

Yes. Practicing, attempting to practice, or offering to practice a health care profession without an active, valid Florida license is a third-degree felony, with a minimum penalty of a $1,000 fine and a minimum mandatory 1 year of incarceration.

I was licensed in another country. Does that count?

The statute requires an active, valid Florida license. A foreign license alone is not a Florida license. Your training and history can still matter a great deal to the defense.

My license just expired. Is that the same as no license?

Not necessarily. Practicing with an inactive or delinquent license is handled differently: a first-degree misdemeanor for up to 12 months, and a third-degree felony for 12 months or more, with a minimum of 30 days and a $500 fine. But a license that is suspended, revoked, or void counts as no license.

I only posted an ad. I never treated anyone.

Holding yourself out as able to practice, or as able to provide services that require a license, is treated as an attempt or offer to practice. What the ad actually said matters.

I got a cease-and-desist letter. Is that a criminal charge?

Not by itself. It is an administrative notice. But continuing the activity can create new violations, and the same facts can be sent to prosecutors. Call a lawyer before you respond.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.