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Florida Statute 402.34 | Lawyer Caselaw & Research
F.S. 402.34 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 402.34

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS
View Entire Chapter
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 from cite.case.law:

STATE DEPARTMENT OF HEALTH REHABILITATIVE SERVICES, v. E. D. S. FEDERAL CORPORATION, a, 631 So. 2d 353 (Fla. Dist. Ct. App. 1994)

. . . requiring EDS to engage in an administrative procedure to resolve its complaint, or whether Section 402.34 . . . EDS cites a number of cases holding either that statutes similar to section 402.34 provide a remedy in . . . Moreover, section 402.34 expressly gives HRS the power to contract, which obviously includes the power . . . was approved only because the court considered the arbitration code and the predecessor to section 402.34 . . . Section 402.34 provides, in pertinent part, "The department.... shall have the power to contract and . . .

G J INVESTMENTS CORPORATION, v. FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 429 So. 2d 391 (Fla. Dist. Ct. App. 1983)

. . . appellant suggests we do, imply from legislation authorizing HRS to be sued in actions ex contrac-tu, see § 402.34 . . .

DeBOLT, a v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 427 So. 2d 221 (Fla. Dist. Ct. App. 1983)

. . . trial court erred, first, in finding that HRS enjoys complete tort immunity by operation of Section 402.34 . . . Appellants first contend that HRS does not enjoy complete tort immunity under Section 402.34, Florida . . . They further contend that the court’s construction of section 402.34 as authorizing HRS to be barred . . . Our interpretation of section 402.34 is consistent with our recent recognition that section 402.34 does . . . We are urged by appellants to find section 402.34 unconstitutional on the grounds of equal protection . . .

OSTROFF, v. STATE OF FLORIDA, DEPARTMENT OF HEALTH REHABILITATIVE SERVICES, Mr. H. R. S., 554 F. Supp. 347 (M.D. Fla. 1983)

. . . Section 402.34, Florida Stat., which establishes H.R.S. as a corporate body, gives H.R.S. the power to . . . Ostroff s action were in some sense construed as a contract dispute, the Supreme Court has held that § 402.34 . . .

BERGEN BRUNSWIG CORPORATION v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 415 So. 2d 765 (Fla. Dist. Ct. App. 1982)

. . . statutorily possessed of the power “to sue and be sued in actions ex contractu but not in torts .. . . ” § 402.34 . . . possessed of subject matter jurisdiction in tort actions, and, contrary to appellants’ contention, § 402.34 . . .

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES v. FLORIDA NURSING HOME ASSOCIATION, 450 U.S. 147 (U.S. 1981)

. . . . § 402.34 (1979). 616 F. 2d, at 1363. . . .

FLORIDA NURSING HOME ASSOCIATION v. PAGE, Jr. GOLDEN ISLES CONVALESCENT CENTER, INC. v. PAGE, Jr. GOLDEN ISLES CONVALESCENT CENTER, INC. d b a v. HARRIS, J. Jr., 616 F.2d 1355 (5th Cir. 1980)

. . . . § 402.34 (West Supp.1979). . . . Pursuant to its corporate powers as outlined in section 402.34, Florida DHRS drafted and executed a contract . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE OF FLORIDA, v. G. DAVIS,, 616 F.2d 828 (5th Cir. 1980)

. . . . § 402.34 (1979). . . .

A. DOOLEY P. v. COMMISSIONER OF INTERNAL REVENUE,, 332 F.2d 463 (7th Cir. 1964)

. . . This represented the proceeds of the exercise of the “put” of $1,153,839.84 (including $2,-402.34 interest . . .

MONTANA MINING CO. v. ST. LOUIS MIN. MILL CO. OF MONTANA, 183 F. 51 (9th Cir. 1910)

. . . The survey for the map, plaintiff’s Exhibit 1, makes the length of this line 402.34 feet, and the surface . . .