Florida Statutes

Fla. Stat. § 455.211 (2025)

Board rules; final agency action; challenges.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 3 cases, 1981–2002 · leading case: Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc., 808 So. 2d 243 (Fla. 1st DCA 2002).

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Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc., 808 So. 2d 243 (Fla. 1st DCA 2002). · cites it 2× “See also § 455.211(1), Fla. Stat. (1999) (identical statute applying to the Department of Business and Professional Regulation under part I of chapter 455).”

Kizar v. Wittenberg, 398 So. 2d 1002 (Fla. 5th DCA 1981). · cites it 2× “Section 455.211(1) specifically gives “the secretary of the department standing to challenge any rule or proposed rule of a board .”

Florida Bd. of Optometry v. Florida Bd. of Med., 616 So. 2d 581 (Fla. 1st DCA 1993). “He refused to consider additional grounds for declaring the rule invalid under section 455.211, because no challenge under that statute had been instituted by the Secretary of DPR.”

— 455.211(1) — 2 cases

Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc., 808 So. 2d 243 (Fla. 1st DCA 2002). “See also § 455.211(1), Fla. Stat. (1999) (identical statute applying to the Department of Business and Professional Regulation under part I of chapter 455).”

Kizar v. Wittenberg, 398 So. 2d 1002 (Fla. 5th DCA 1981). “Section 455.211(1) specifically gives “the secretary of the department standing to challenge any rule or proposed rule of a board .”

— 455.211(2) — 1 case

Kizar v. Wittenberg, 398 So. 2d 1002 (Fla. 5th DCA 1981). “Section 455.211(1) specifically gives “the secretary of the department standing to challenge any rule or proposed rule of a board .”

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