Florida Statute 408.40 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 408
HEALTH CARE ADMINISTRATION

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F.S. 408.40

408.40 Public Counsel.—

(1) Notwithstanding any other provisions of this chapter, the Public Counsel shall represent the public in any proceeding before the agency or its advisory panels in any administrative hearing conducted pursuant to chapter 120 or before any other state and federal agencies and courts in any issue before the agency, any court, or any agency. With respect to any such proceeding, the Public Counsel is subject to the provisions of and may use the powers granted to him or her by ss. 350.061-350.0614.

(2) The Public Counsel shall:

(a) Recommend to the agency, by petition, the commencement of any proceeding or action or to appear, in the name of the state or its citizens, in any proceeding or action before the agency and urge therein any position that he or she deems to be in the public interest, whether consistent or inconsistent with positions previously adopted by the agency, and use therein all forms of discovery available to attorneys in civil actions generally, subject to protective orders of the agency, which shall be reviewable by summary procedure in the circuit courts of this state.

(b) Have access to and use of all files, records, and data of the agency available to any other attorney representing parties in a proceeding before the agency.

(c) In any proceeding in which he or she has participated as a party, seek review of any determination, finding, or order of the agency, or of any administrative law judge, or any hearing officer or hearing examiner designated by the agency, in the name of the state or its citizens.

(d) Prepare and issue reports, recommendations, and proposed orders to the agency, the Governor, and the Legislature on any matter or subject within the jurisdiction of the agency, and to make such recommendations as he or she deems appropriate for legislation relative to agency procedures, rules, jurisdiction, personnel, and functions.

(e) Appear before other state agencies, federal agencies, and state and federal courts in connection with matters under the jurisdiction of the agency, in the name of the state or its citizens.

History.—s. 80, ch. 92-33; s. 192, ch. 96-410; s. 1017, ch. 97-103; s. 16, ch. 98-89.

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Amendments to 408.40

Arrestable Offenses / Crimes under Fla. Stat. 408.40

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 408.40.

Annotations, Discussions, Cases:

Cases Citing Statute 408.40

Total Results: 4

Baker County Medical Services, Inc. etc. v. State of Florida, Agency for Health etc.

Court: District Court of Appeal of Florida | Date Filed: 2015-10-20

Citation: 178 So. 3d 71

Snippet: period of [the certificate]. See § 408.040(2)(c), Fla. Stat. [AHCA] did not act without colorable

Albertson's, Inc. v. Florida Department of Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 1995-07-11

Citation: 658 So. 2d 134, 1995 Fla. App. LEXIS 7344, 1995 WL 405278

Snippet: developed by the agency. See generally §§ 408.032-408.40, Fla.Stat. (1993). A pivotal component of the state’s

Langner v. Charles A. Binger, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-03-17

Citation: 503 So. 2d 1362, 12 Fla. L. Weekly 785

Snippet: an invoice detailing the costs and demanding $4,408.40. When Langner refused to pay, Binger filed suit

State Ex Rel. Washburn v. Hutchins

Court: Supreme Court of Florida | Date Filed: 1931-06-02

Citation: 135 So. 298, 101 Fla. 773

Snippet: and tenant, State v. Page, 1 Spears' Law (S.C.), 408, 40 Am. Dec. 608; Cudahy Packing Company v. Hibou,