Florida Statute 455.221 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 455
BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS

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F.S. 455.221

455.221 Legal and investigative services.—

(1) The department shall provide board counsel for boards within the department by contracting with the Department of Legal Affairs, by retaining private counsel pursuant to s. 287.059, or by providing department staff counsel. The primary responsibility of board counsel shall be to represent the interests of the citizens of the state. A board shall provide for the periodic review and evaluation of the services provided by its board counsel. Fees and costs of such counsel shall be paid from the Professional Regulation Trust Fund, subject to the provisions of ss. 215.37 and 455.219. All contracts for independent counsel shall provide for periodic review and evaluation by the board and the department of services provided.

(2) The Department of Business and Professional Regulation may employ or utilize the legal services of outside counsel and the investigative services of outside personnel. However, no attorney employed or used by the department shall prosecute a matter and provide legal services to the board with respect to the same matter.

(3) Any person retained by the department under contract to review materials, make site visits, or provide expert testimony regarding any complaint or application filed with the department relating to a profession under the jurisdiction of the department shall be considered an agent of the department in determining the state insurance coverage and sovereign immunity protection applicability of ss. 284.31 and 768.28.

History.—s. 30, ch. 69-106; s. 1, ch. 73-97; s. 3, ch. 77-115; s. 5, ch. 79-36; s. 288, ch. 81-259; s. 31, ch. 81-302; s. 51, ch. 92-33; s. 23, ch. 93-129; s. 7, ch. 94-119; ss. 74, 75, ch. 94-218; s. 16, ch. 97-261; s. 152, ch. 99-251.

Note.—Former s. 455.007(3), (4).

F.S. 455.221 on Google Scholar

F.S. 455.221 on CourtListener

Amendments to 455.221

Annotations, Discussions, Cases:

Cases Citing Statute 455.221

Total Results: 5

Clark v. Dept. of Professional Regulation

463 So. 2d 328

District Court of Appeal of Florida | Filed: Jan 4, 1985 | Docket: 448873

Cited 11 times | Published

21M-20.01 provides: (1) For violations of Section 455.221(1)(a), Sections 458.331(1)(d), 458.331(1)(e)

Sternberg v. DEPT. OF PROF. REG.

465 So. 2d 1324, 10 Fla. L. Weekly 722

District Court of Appeal of Florida | Filed: Mar 19, 1985 | Docket: 1324410

Cited 4 times | Published

communications with the DPR prosecutor, prohibited by section 455.221, Florida Statutes, and Department of Professional

DEPT. OF PROFESSIONAL REG. v. LeBaron

443 So. 2d 225

District Court of Appeal of Florida | Filed: Dec 14, 1983 | Docket: 1459066

Cited 2 times | Published

failed to comply with the requirements of Section 455.221(2), Florida Statutes (1981), essential to probable

Beckum v. State, Department of Professional Regulation

427 So. 2d 276

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 1648131

Cited 2 times | Published

properly. Beckum *277 also avers a violation of section 455.221(2), providing that "no attorney employed or

Ago

Florida Attorney General Reports | Filed: May 29, 1985 | Docket: 3257676

Published

counsel can provide or perform for these boards. Section 455.221(1), F.S., currently provides: The Department