Florida Statute 484.053 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 484
DISPENSING OF OPTICAL DEVICES AND HEARING AIDS

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484.053 Prohibitions; penalties.—

(1) A person may not:

(a) Practice dispensing prescription hearing aids unless the person is a licensed hearing aid specialist;

(b) Use the name or title “hearing aid specialist” when the person has not been licensed under this part;

(d) Give false, incomplete, or forged evidence to the board or a member thereof for the purposes of obtaining a license;

(e) Use or attempt to use a hearing aid specialist license that is delinquent or has been suspended, revoked, or placed on inactive status;

(f) Knowingly employ unlicensed persons in the practice of dispensing prescription hearing aids; or

(g) Knowingly conceal information relative to violations of this part.

(2) Any person who violates any provision of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(3) If a person licensed under this part allows the sale of a prescription hearing aid by an unlicensed person not registered as a trainee or fails to comply with the requirements of s. 484.0445(2) relating to supervision of trainees, the board must, upon determination of that violation, order the full refund of moneys paid by the purchaser upon return of the prescription hearing aid to the seller’s place of business.

History.—ss. 9, 18, ch. 83-153; ss. 1, 7, ch. 84-94; ss. 14, 19, 20, ch. 86-283; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 116, ch. 91-224; s. 4, ch. 91-429; s. 251, ch. 94-119; s. 455, ch. 97-103; s. 156, ch. 99-397; s. 7, ch. 2000-154; s. 61, ch. 2000-318; s. 34, ch. 2023-71.

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Amendments to 484.053

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 484.053

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

S484.053 1a - HEALTH-SAFETY - DISPENSE HEARING AID WITHOUT LICENSE - F: T

S484.053 1b - FRAUD-IMPERSON - USE TITLE HEARING AID SPECIALIST WITHOUT LIC - F: T

S484.053 1c - FRAUD-IMPERSON - PRESENT ANOTHERS HEARING AID SPECIALIST LIC - F: T

S484.053 1d - PASS FORGED - EVIDENCE TO OBTAIN HEARING AID LICENSE - F: T

S484.053 1d - FRAUD-FALSE STATEMENT - EVIDENCE TO OBTAIN HEARING AID LICENSE - F: T

S484.053 1e - HEALTH-SAFETY - USE SUSP RVKD INACT HEARING AID SPECIALIST LIC - F: T

S484.053 1f - HEALTH-SAFETY - EMPLOY UNLICENSED HEARING AID SPECIALIST - F: T

S484.053 1g - PUBLIC ORDER CRIMES - CONCEAL INFORMATION HEARING AID LICENSE VIOL - F: T

Cases Citing Statute 484.053

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Robert Daniel Taylor v. Leanne Polhill (11th Cir. 2020).

Published | Court of Appeals for the Eleventh Circuit

...The first, Fla. Stat. § 484.0501 (the “Pre-Sale Testing Statute”), requires that when fitting and selling hearing aids, pre-sale audiometric testing be conducted following specific minimum procedures and using specified equipment. The second, Fla. Stat. § 484.053 (the “Licensing Statute”), prohibits dispensing hearing aids without a state hearing aid specialist license or through improper or fraudulent use of a state hearing aid specialist license....

...delinquent or has been suspended, revoked, or placed on inactive status; (f) Knowingly employ unlicensed persons in the practice of dispensing hearing aids; or (g) Knowingly conceal information relative to violations of this part. Fla. Stat. § 484.053(1). The Licensing Statute then goes on to provide penalties for undertaking any aforementioned prohibited acts. Id. § 484.053(2), (3)....

...see or to any testing procedures that must be undertaken by a licensee when selling a particular device. None of the prohibited acts in the Licensing Statute mention or reference either the Pre-Sale Testing Statute or its requirements. Id. § 484.053(1)....