Florida Statute 402.34 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS

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F.S. 402.34

402.34 Body corporate.—The department is a body corporate and shall adopt and have a corporate seal. It shall have the power to contract and be contracted with, to sue and be sued in actions in ex contractu but not in torts, and to have and to possess corporate powers for all purposes necessary to administer this chapter. The department shall have the power to accept payment for services rendered pursuant to rules and regulations of the department.

History.—s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 17, ch. 78-433.

Note.—Former s. 409.055.

F.S. 402.34 on Google Scholar

F.S. 402.34 on Casetext

Amendments to 402.34

Arrestable Offenses / Crimes under Fla. Stat. 402.34

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 402.34.

Annotations, Discussions, Cases:

Cases Citing Statute 402.34

Total Results: 6

STATE, DHRS v. EDS Federal Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-02-06T23:53:00-08:00

Citation: 631 So. 2d 353

Snippet: procedure to resolve its complaint, or whether Section 402.34, Florida Statutes (1987),[4] requires EDS to litigate…holding either that statutes similar to section 402.34 provide a remedy in circuit court for actions against….Jur.2d Contracts § 98 (1979). Although section 402.34 legally entitles EDS to sue HRS in circuit court…its right to judicial relief. Moreover, section 402.34 expressly gives HRS the power to contract, which…that had been denied the agency by law. Section 402.34 fully empowers HRS to enter into contracts, and

Ago

Court: Fla. Att'y Gen. | Date Filed: 1987-01-04T23:53:00-08:00

Snippet: authority to participate in this agreement. While s. 402.34, F.S., provides the department with the power to

G & J Invs. Corp. v. Fla. Dept. of Health & Rehab. Services

Court: Fla. Dist. Ct. App. | Date Filed: 1983-03-21T23:53:00-08:00

Citation: 429 So. 2d 391

Snippet: authorizing HRS to be sued in actions ex contractu, see § 402.34, Fla. Stat. (1981), an authorization that it may

DeBolt v. Dept. of Health & Rehab. Services

Court: Fla. Dist. Ct. App. | Date Filed: 1983-02-13T23:53:00-08:00

Citation: 427 So. 2d 221

Snippet: interpretation of section 402.34 is consistent with our recent recognition that section 402.34 does nothing more… complete tort immunity by operation of Section 402.34, Florida Statutes (1981), and, second, in concluding…immune from tort liability by operation of section 402.34, Florida Statutes. The record shows that the trial… not enjoy complete tort immunity under Section 402.34, Florida Statutes, which provides: The department…contend that the court's construction of section 402.34 as authorizing HRS to be barred from an action

Bergen Brunswig Corp. v. STATE, ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-05-21T00:00:00-07:00

Citation: 415 So. 2d 765

Snippet: actions ex contractu but not in torts... ." § 402.34, Florida Statutes. Appellants argue, among various…and, contrary to appellants' contention, § 402.34 does not alter that jurisdiction, but rather delimits

Johnson v. McKinnon

Court: Fla. | Date Filed: 1907-06-15T00:00:00-08:00

Citation: 54 Fla. 221

Snippet: case of Johnson v. McKinnon, 45 Fla. 388, text 402, 34 South. Rep. 272, in which the decree of October…lien. In Johnson v. Mckinnon, 45 Fla. 388, text 402, 34 South. Rep. 272, text 276, in speaking of this