Florida Statute 456.009 | 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. 456.009

456.009 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 a trust fund used by the department to implement this chapter, subject to the provisions of s. 456.025. All contracts for independent counsel shall provide for periodic review and evaluation by the board and the department of services provided.

(2) The department may employ or use the legal services of outside counsel and the investigative services of outside personnel. However, 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.

(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. 60, ch. 97-261; s. 154, ch. 99-251; s. 42, ch. 2000-160.

Note.—Former s. 455.594.

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Amendments to 456.009

Arrestable Offenses / Crimes under Fla. Stat. 456.009

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.009.

Annotations, Discussions, Cases:

Cases Citing Statute 456.009

Total Results: 4

Ago

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

Snippet: forth in Chapter 456, Florida Statutes.2 Section 456.009, Florida Statutes, addresses the provision of legal

State v. Billie

Court: District Court of Appeal of Florida | Date Filed: 1986-11-14

Citation: 497 So. 2d 889

Snippet: Dion, 752 F.2d at 1265-1270; White, 508 F.2d at 456-9. Since the trial court's ruling, the United States

Smith v. Love

Court: Supreme Court of Florida | Date Filed: 1905-01-15

Citation: 49 Fla. 230

Snippet: Chouteau, 13 Wall. 92; Cornelius v. Kessel, 128 U. S. 456, 9 Sup. Ct. Rep. 122; Sanford v. Sanford, 19 Oregon

Hagan v. Ellis

Court: Supreme Court of Florida | Date Filed: 1897-06-15

Citation: 39 Fla. 463

Snippet: Duncan, 4 Wall. 210; Cornelius vs. Kessel, 128 U. S. 456, 9 Sup. Ct. Rep. 122; Wisconsin Cent. R. Co. vs. Price