Florida Statute 456.008 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

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F.S. 456.008

456.008 Accountability and liability of board members.—

(1) Each board member shall be accountable to the Governor for the proper performance of duties as a member of the board. The Governor shall investigate any legally sufficient complaint or unfavorable written report received by the Governor or by the department or a board concerning the actions of the board or its individual members. The Governor may suspend from office any board member for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform his or her official duties, or commission of a felony.

(2) Each board member and each former board member serving on a probable cause panel shall be exempt from civil liability for any act or omission when acting in the member’s official capacity, and the department shall defend any such member in any action against any board or member of a board arising from any such act or omission. In addition, the department may defend the member’s company or business in any action against the company or business if the department determines that the actions from which the suit arises are actions taken by the member in the member’s official capacity and were not beyond the member’s statutory authority. In providing such defense, the department may employ or utilize the legal services of the Department of Legal Affairs or outside counsel retained pursuant to s. 287.059. Fees and costs of providing legal services provided under this subsection shall be paid from a trust fund used by the department to implement this chapter, subject to the provisions of s. 456.025.

History.—s. 45, ch. 97-261; s. 21, ch. 99-7; s. 153, ch. 99-251; s. 41, ch. 2000-160.

Note.—Former s. 455.541.

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Amendments to 456.008

Arrestable Offenses / Crimes under Fla. Stat. 456.008

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.008.

Annotations, Discussions, Cases:

Cases Citing Statute 456.008

Total Results: 3

Ago

Court: Florida Attorney General Reports | Date Filed: 2006-10-17

Snippet: with the approval of the secretary." 3 Cf. s. 456.008(2), Fla. Stat., which provides that the department

Almerico v. RLI Ins. Co.

Court: Supreme Court of Florida | Date Filed: 1998-09-04

Citation: 716 So. 2d 774, 23 Fla. L. Weekly Supp. 431, 1998 Fla. LEXIS 1668, 1998 WL 559326

Snippet: 245 (Fla.1996) (quoting Forsythe, 604 So.2d at 456). [8] For example, section 626.752(3)(a) provides:

Machtei v. Campbell

Court: Supreme Court of Florida | Date Filed: 1958-04-23

Citation: 102 So. 2d 722, 1958 Fla. LEXIS 1773

Snippet: 4 Fla.Jur., Bills, Notes and Checks, § 138, p. 456; 8 Am.Jur., Bills and Notes, § 615, p. 329; cases