Florida Statute 402.34 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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.

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Amendments to 402.34

Annotations, Discussions, Cases:

Cases Citing Statute 402.34

Total Results: 5

Bergen Brunswig Corp. v. STATE, ETC.

415 So. 2d 765

District Court of Appeal of Florida | Filed: May 21, 1982 | Docket: 474881

Cited 39 times | Published

in actions ex contractu but not in torts... ." § 402.34, Florida Statutes. Appellants argue, among various

DeBolt v. Dept. of Health & Rehab. Services

427 So. 2d 221

District Court of Appeal of Florida | Filed: Feb 14, 1983 | Docket: 1648053

Cited 17 times | Published

enjoys complete tort immunity by operation of Section 402.34, Florida Statutes (1981), and, second, in concluding

Ostroff v. State of Fla., Dept. of Health

554 F. Supp. 347

District Court, M.D. Florida | Filed: Jan 31, 1983 | Docket: 1196161

Cited 17 times | Published

specifically dealing with H.R.S. helpful to Ostroff. Section 402.34, Florida Stat., which establishes H.R.S. as

STATE, DHRS v. EDS Federal Corp.

631 So. 2d 353, 1994 WL 31317

District Court of Appeal of Florida | Filed: Feb 7, 1994 | Docket: 1465040

Cited 6 times | Published

procedure to resolve its complaint, or whether Section 402.34, Florida Statutes (1987),[4] requires EDS to

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

429 So. 2d 391

District Court of Appeal of Florida | Filed: Mar 22, 1983 | Docket: 1221721

Cited 2 times | Published

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