Florida Statutes

Fla. Stat. § 440.591 (2025)

Administrative procedure; rulemaking authority.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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440.591 Administrative procedure; rulemaking authority.—The department, the Financial Services Commission, and the agency may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon them.

History.—s. 46, ch. 90-201; s. 44, ch. 91-1; s. 115, ch. 98-200; s. 55, ch. 2002-194; s. 495, ch. 2003-261; s. 76, ch. 2005-2; s. 8, ch. 2012-135.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1994–2026 · leading case: Ace Disposal v. Holley, 668 So. 2d 645 (Fla. 1st DCA 1996).

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Ace Disposal v. Holley, 668 So. 2d 645 (Fla. 1st DCA 1996). “15(2) and requires the division to adopt rules, pursuant to section 440.591, that set forth "the procedure and manner for requesting the authorization and for compliance by the employee," with those two sections.”

Dep't of Labor & Emp. Sec., Div. of Workers' Comp. v. Bradley, 636 So. 2d 802 (Fla. 1st DCA 1994). · cites it 4× “” § 440.591, Fla.Stat. (1991). Among other things, Chapter 440 charges the Division with the duty to deliver “medically necessary” services to injured employees.”

Dept. of Labor & Emp. Sec. v. Bradley, 636 So. 2d 802 (Fla. 1st DCA 1994). · cites it 4× “" § 440.591, Fla. Stat. (1991). Among other things, Chapter 440 charges the Division with the duty to deliver "medically necessary" services to injured employees.”

Publix Super Markets, Inc., Normandy Ins. Co. v. Dep't of Fin. Servs., Div. of Workers Comp. (Fla. 1st DCA 2026). · cites it 2× “For example, the Department’s rulemaking authority to adopt rules to implement the provisions of Chapter 440 comes from section 440.591, Florida Statutes. The Department also cited sections 440.”

Advanced Risk Mgmt., Inc. v. Prout, 647 So. 2d 911 (Fla. 4th DCA 1994). · cites it 2× “The regulatory scheme governing the licensure of service companies is set forth in its entirety in Rule 38F pursuant to the legislative mandate of section 440.591, Florida Statutes, which delegates to the Workers’ Compensation Division of the DOL “the authority to adopt rules to…”

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