Florida Statutes

Fla. Stat. § 455.221 (2025)

Legal and investigative services.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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).

Notes of Decisions

Cited in 4 cases, 1983–1985 · leading case: Dept. of Prof'l Reg. v. Lebaron, 443 So. 2d 225 (Fla. 1st DCA 1983).

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Dept. of Prof'l Reg. v. Lebaron, 443 So. 2d 225 (Fla. 1st DCA 1983). · cites it 2× “The hearing officer found that the Department failed to comply with the requirements of Section 455.221(2), Florida Statutes (1981), essential to probable cause findings against Dr.”

Clark v. Dept. of Prof'l Reg., 463 So. 2d 328 (Fla. 5th DCA 1985). “01 provides: (1) For violations of Section 455.221(1)(a), Sections 458.331(1)(d), 458.”

Sternberg v. Dept. of Prof. Reg., 465 So. 2d 1324 (Fla. 1st DCA 1985). · cites it 2× “He alleges that a Board member improperly solicited the testimony of a prosecution witness, and engaged in improper communications with the DPR prosecutor, prohibited by section 455.221, Florida Statutes, and Department of Professional Regulation v.”

Beckum v. State, Dep't of Prof'l Reg., 427 So. 2d 276 (Fla. 1st DCA 1983). “Beckum *277 also avers a violation of section 455.221(2), providing that "no attorney employed or utilized by the department shall prosecute a matter and provide legal services to the board with respect to the same matter.”

— 455.221(1)(a) — 1 case

Clark v. Dept. of Prof'l Reg., 463 So. 2d 328 (Fla. 5th DCA 1985). “01 provides: (1) For violations of Section 455.221(1)(a), Sections 458.331(1)(d), 458.”

— 455.221(2) — 2 cases

Dept. of Prof'l Reg. v. Lebaron, 443 So. 2d 225 (Fla. 1st DCA 1983). “The hearing officer found that the Department failed to comply with the requirements of Section 455.221(2), Florida Statutes (1981), essential to probable cause findings against Dr.”

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