Florida Statutes

Fla. Stat. § 458.309 (2025)

Rulemaking authority.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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458.309 Rulemaking authority.—

(1) The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it.

(2)(a) Any rules which the board adopts relating to the classroom phase of medical education shall not apply to any person who is enrolled in the classroom phase of medical education or has graduated prior to or at the time the rule becomes effective, so long as such person does not interrupt his or her medical education.

(b)1. Any rules which the board adopts relating to the clinical clerkship phase of medical education shall not apply to any person who is enrolled in the clinical clerkship phase of medical education prior to or at the time the rule becomes effective, so long as such person does not interrupt his or her medical education.

2. Rules adopted by the Florida Board of Medical Examiners prior to October 1, 1986, and relating to clinical clerkships for graduates of foreign medical schools do not apply to any such graduate who:

a. Had completed a clinical clerkship prior to the effective date of the rule; or

b. Had begun a clinical clerkship but had not completed the clinical clerkship prior to the effective date of the rule, so long as the clinical clerkship took no longer than 3 years to complete.

(c) Any rules which the board adopts relating to residency shall not apply to any person who has begun his or her residency prior to or at the time the rule becomes effective, so long as such person does not interrupt the residency.

History.—ss. 1, 8, ch. 79-302; ss. 2, 3, ch. 81-318; ss. 5, 22, 25, 26, ch. 86-245; s. 4, ch. 91-429; s. 200, ch. 97-103; s. 120, ch. 98-200; s. 92, ch. 99-397; s. 3, ch. 2009-198; s. 3, ch. 2010-211; s. 94, ch. 2012-184; s. 2, ch. 2019-130.

Notes of Decisions

Cited in 4 cases, 1984–2004 · leading case: Dept. of Prof. Reg., Bd. of Med. v. Durrani, 455 So. 2d 515 (Fla. 1st DCA 1984).

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Dept. of Prof. Reg., Bd. of Med. v. Durrani, 455 So. 2d 515 (Fla. 1st DCA 1984). · cites it 2× “The latter provision clearly empowers the Board with the authority to make such rules necessary to implement the provisions of the licensure by endorsement statute at issue here and the agency's interpretive rulemaking is entitled to the deference outlined above.”

Ortiz v. Dep't of Health, 882 So. 2d 402 (Fla. 4th DCA 2004). · cites it 4× “303(2) to both section 458.309 containing the general grant of rulemaking authority, and section 458.”

Florida Academy of Cosmetic Surgery, Inc. v. State, 771 So. 2d 602 (Fla. 1st DCA 2000). “Respondent is directed to approve petitioner's application for approval as an accrediting body pursuant to section 458.309(3), Fla. Stat. (2000), because of respondent's failure to comply with the time requirements of section 120.”

Florida Bd. of Optometry v. Florida Bd. of Med., 616 So. 2d 581 (Fla. 1st DCA 1993). · cites it 2× “Noting the rulemaking authority of section 458.309, Florida Statutes, he found that the weight of the evidence did not show the proposed rule to be inconsistent with existing law, including sections 458.”

— 458.309(1) — 1 case

Ortiz v. Dep't of Health, 882 So. 2d 402 (Fla. 4th DCA 2004). “303(2) to both section 458.309 containing the general grant of rulemaking authority, and section 458.”

— 458.309(3) — 1 case

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