# Fla. Stat. § 491.012: 491.012 Violations; penalty; injunction > Florida · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.012 ## Section - **Citation:** Fla. Stat. § 491.012 - **Heading:** 491.012 Violations; penalty; injunction - **Jurisdiction:** Florida - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Florida Code / Title XXXII / Chapter 491 / Section 491.012 ## Text (1) It is unlawful and a violation of this chapter for any person to: (a) Use the following titles or any combination thereof, unless she or he holds a valid, active license as a clinical social worker issued pursuant to this chapter: 1. “Licensed clinical social worker.” 2. “Clinical social worker.” 3. “Licensed social worker.” 4. “Psychiatric social worker.” 5. “Psychosocial worker.” (b) Use the following titles or any combination thereof, unless she or he holds a valid, active license as a marriage and family therapist issued pursuant to this chapter: 1. “Licensed marriage and family therapist.” 2. “Marriage and family therapist.” 3. “Marriage counselor.” 4. “Marriage consultant.” 5. “Family therapist.” 6. “Family counselor.” 7. “Family consultant.” (c) Use the following titles or any combination thereof, unless she or he holds a valid, active license as a mental health counselor issued pursuant to this chapter: 1. “Licensed mental health counselor.” 2. “Mental health counselor.” 3. “Mental health therapist.” 4. “Mental health consultant.” (d) Use the terms psychotherapist, sex therapist, or juvenile sexual offender therapist unless such person is licensed pursuant to this chapter or chapter 490, or is licensed under s. 464.012 as an advanced practice registered nurse who has been determined by the Board of Nursing as a specialist in psychiatric mental health and the use of such terms is within the scope of her or his practice based on education, training, and licensure. (e) Present as her or his own the clinical social work, marriage and family therapy, or mental health counseling license of another. (f) Give false or forged evidence to the board or a member thereof for the purpose of obtaining a license. (g) Use or attempt to use a license issued pursuant to this chapter which has been revoked or is under suspension. (h) Knowingly conceal information relative to violations of this chapter. (i) Practice clinical social work in this state for compensation, unless the person holds a valid, active license to practice clinical social work issued pursuant to this chapter or is an intern registered pursuant to s. 491.0045. (j) Practice marriage and family therapy in this state for compensation, unless the person holds a valid, active license to practice marriage and family therapy issued pursuant to this chapter or is an intern registered pursuant to s. 491.0045. (k) Practice mental health counseling in this state for compensation, unless the person holds a valid, active license to practice mental health counseling issued pursuant to this chapter or is an intern registered pursuant to s. 491.0045. (l) Use the following titles or any combination thereof, unless he or she holds a valid registration as an intern issued pursuant to this chapter: 1. “Registered clinical social worker intern.” 2. “Registered marriage and family therapist intern.” 3. “Registered mental health counselor intern.” (m) Use the following titles or any combination thereof, unless he or she holds a valid provisional license issued pursuant to this chapter: 1. “Provisional clinical social worker licensee.” 2. “Provisional marriage and family therapist licensee.” 3. “Provisional mental health counselor licensee.” (n) Practice juvenile sexual offender therapy in this state, as the practice is defined in s. 491.0144, for compensation, unless the person holds an active license issued under this chapter and meets the requirements to practice juvenile sexual offender therapy. An unlicensed person may be employed by a program operated by or under contract with the Department of Juvenile Justice or the Department of Children and Families if the program employs a professional who is licensed under chapter 458, chapter 459, s. 490.0145, or s. 491.0144 who manages or supervises the treatment services. and meets the requirements to practice juvenile sexual offender therapy. An unlicensed person may be employed by a program operated by or under contract with the Department of Juvenile Justice or the Department of Children and Families if the program employs a professional who is licensed under chapter 458, chapter 459, s. 490.0145, or s. 491.0144 who manages or supervises the treatment services. (2) It is unlawful and a violation of this chapter for any person to describe her or his services using the following terms or any derivative thereof, unless such person holds a valid, active license under this chapter or chapter 490, or is licensed under s. 464.012 as an advanced practice registered nurse who has been determined by the Board of Nursing as a specialist in psychiatric mental health and the use of such terms is within the scope of her or his practice based on education, training, and licensure: (a) “Psychotherapy.” (b) “Sex therapy.” (c) “Sex counseling.” (d) “Clinical social work.” (e) “Psychiatric social work.” (f) “Marriage and family therapy.” (g) “Marriage and family counseling.” (h) “Marriage counseling.” (i) “Family counseling.” (j) “Mental health counseling.” (3) Any person who violates any provision of subsection (1) or subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) The department may institute appropriate judicial proceedings to enjoin violation of this section. History: ss. 15, 19, ch. 87-252; s. 30, ch. 88-392; ss. 11, 19, 20, ch. 90-263; s. 4, ch. 91-429; s. 118, ch. 92-149; s. 511, ch. 97-103; s. 17, ch. 97-198; s. 209, ch. 97-264; s. 4, ch. 98-158; s. 127, ch. 2001-277511, ch. 97-103; s. 17, ch. 97-198; s. 209, ch. 97-264; s. 4, ch. 98-158; s. 127, ch. 2001-277; s. 274, ch. 2014-19; s. 70, ch. 2018-106; s. 87, ch. 2019-3. ## Nearby sections - [Fla. Stat. § 491.002 491.002 Intent.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.002.md) - [Fla. Stat. § 491.003 491.003 Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.003.md) - [Fla. Stat. § 491.004 491.004 Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.004.md) - [Fla. Stat. § 491.005 491.005 Licensure by examination.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.005.md) - [Fla. Stat. § 491.006 491.006 Licensure or certification by endorsement.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.006.md) - [Fla. Stat. § 491.007 491.007 Renewal of license, registration, or certificate.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.007.md) - [Fla. Stat. § 491.008 491.008 Inactive status; reactivation of licenses; fees.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.008.md) - [Fla. Stat. § 491.009 491.009 Discipline.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.009.md) - [Fla. Stat. § 491.012 491.012 Violations; penalty; injunction.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.012.md) - [Fla. Stat. § 491.014 491.014 Exemptions.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.014.md) - [Fla. Stat. § 491.015 491.015 Duties of the department as to certified master social workers.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.015.md) - [Fla. Stat. § 491.016 491.016 Social work; use of title.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.016.md) - [Fla. Stat. § 491.017 491.017 Professional Counselors Licensure Compact.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.017.md) - [Fla. Stat. § 491.018 491.018 Professional Counselors Licensure Compact; public records and meetings exemptions.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.018.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXXII_C491_S491.012. Check the current official text before relying on it. Not legal advice.