Florida Statute 455.211 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 455
BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS

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F.S. 455.211

455.211 Board rules; final agency action; challenges.—

(1) The secretary of the department shall have standing to challenge any rule or proposed rule of a board under its jurisdiction pursuant to s. 120.56. In addition to challenges for any invalid exercise of delegated legislative authority, the administrative law judge, upon such a challenge by the secretary, may declare all or part of a rule or proposed rule invalid if it:

(a) Does not protect the public from any significant and discernible harm or damages;

(b) Unreasonably restricts competition or the availability of professional services in the state or in a significant part of the state; or

However, there shall not be created a presumption of the existence of any of the conditions cited in this subsection in the event that the rule or proposed rule is challenged.

(2) In addition, either the secretary or the board shall be a substantially interested party for purposes of s. 120.54(7). The board may, as an adversely affected party, initiate and maintain an action pursuant to s. 120.68 challenging the final agency action.

(3) No board created within the department shall have standing to challenge a rule or proposed rule of another board. However, if there is a dispute between boards concerning a rule or proposed rule, the boards may avail themselves of the provisions of s. 455.207(5).

(4) Any proposed board rule that has not been modified to remove proposed committee objections of the Administrative Procedures Committee must receive approval from the department prior to filing the rule with the Department of State for final adoption. The department may repeal any rule enacted by the board which has taken effect without having met proposed committee objections of the Administrative Procedures Committee.

History.—s. 5, ch. 79-36; s. 42, ch. 92-33; s. 12, ch. 92-149; s. 23, ch. 93-129; s. 69, ch. 94-218; s. 207, ch. 96-410; s. 9, ch. 97-261; s. 5, ch. 2000-356.

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Amendments to 455.211

Arrestable Offenses / Crimes under Fla. Stat. 455.211

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 455.211.

Annotations, Discussions, Cases:

Cases Citing Statute 455.211

Total Results: 5

Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-01-23

Citation: 808 So. 2d 243, 2002 WL 83679

Snippet: rule or proposed rule is challenged. See also § 455.211(1), Fla. Stat. (1999) (identical statute applying

Florida Board of Optometry v. Florida Board of Medicine

Court: District Court of Appeal of Florida | Date Filed: 1993-04-05

Citation: 616 So. 2d 581, 1993 Fla. App. LEXIS 3674, 1993 WL 96765

Snippet: grounds for declaring the rule invalid under section 455.211, because no challenge under that statute had been

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-08-01

Snippet: requirements for safe practice"). I would note that s 455.211(1), F.S., provides that the Secretary of the Department

Kizar v. Wittenberg

Court: District Court of Appeal of Florida | Date Filed: 1981-05-20

Citation: 398 So. 2d 1002, 1981 Fla. App. LEXIS 19904

Snippet: official capacity it would have said so. Section 455.211(1) specifically gives “the secretary of the department

DEPT. OF PROFESSIONAL REG. v. Hall

Court: District Court of Appeal of Florida | Date Filed: 1981-05-14

Citation: 398 So. 2d 978

Snippet: boards following disciplinary proceedings. Sections 455.211, .225(6), Fla. Stat. (1979). [3] The Optometry