Florida Statute 491.004 - Full Text and Legal Analysis

491.004 Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling.—

(1) There is created within the department the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling composed of nine members appointed by the Governor and confirmed by the Senate.

(2)(a) Six members of the board shall be persons licensed under this chapter as follows:

1. Two members shall be licensed practicing clinical social workers.

2. Two members shall be licensed practicing marriage and family therapists.

3. Two members shall be licensed practicing mental health counselors.

(b) Three members shall be citizens of the state who are not and have never been licensed in a mental health-related profession and who are in no way connected with the practice of any such profession.

(3) No later than January 1, 1988, the Governor shall appoint nine members of the board as follows:

(a) Three members for terms of 2 years each.

(b) Three members for terms of 3 years each.

(4) As the terms of the initial members expire, the Governor shall appoint successors for terms of 4 years; and those members shall serve until their successors are appointed.

(5) The board shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement and enforce the provisions of this chapter.

(6) All applicable provisions of chapter 456 relating to activities of regulatory boards shall apply to the board.

(7) The board shall maintain its official headquarters in the City of Tallahassee.

(8) The board shall appoint an individual to serve as the state’s delegate on the Counseling Compact Commission, as required under s. 491.017.

History.—ss. 15, 19, ch. 87-252; ss. 19, 20, ch. 90-263; s. 4, ch. 91-429; s. 193, ch. 94-218; s. 152, ch. 98-166; s. 163, ch. 98-200; s. 212, ch. 2000-160; s. 6, ch. 2022-63.

Cases Citing F.S. 491.004

Fla. Stat. § 491.004 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Judith Abramson, Donald Airey v. Larry Gonzalez, as Sec'y of the Florida Dep't of Prof'l Reg., 949 F.2d 1567 (11th Cir. 1992).
Cited 55 times | Published | Court of Appeals for the Eleventh Circuit | 21 Fed. R. Serv. 3d 1021, 1992 U.S. App. LEXIS 14, 1992 WL 8
...Within that department, Florida has established a Board of Psychological Examiners to implement the licensing and disciplinary provisions of Chapter 490, and a Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling, which administers Chapter 491. See Fla.Stat. §§ 490.004, 491.004....
...e never been licensed psychologists and are in no way connected with the practice of psychology. Similarly, three of the nine members of the Board created under Chapter 491 must be unconnected with the practice of any of the allied fields. Fla.Stat. § 491.004. Members of the two boards serve four-year terms and are appointed by the governor and confirmed by the state senate. Fla.Stat. §§ 490.004, 491.004....
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Cited with approvalAlleman (2025)
phrase: "cited with approval"
Cited as authorityAlleman (2025)
phrase: "rule_authority"
Cited as authorityWhite (2024)
phrase: "rule_authority"
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·Solomon v. Sanitarians'Reg. Bd., 155 So. 2d 353 (Fla. 1963).
Cited 17 times | Published | Supreme Court of Florida
Statutes, F.S.A., when read in the light of Section 491.04(3), Florida Statutes, F.S.A., granted to the
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Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authorityDoe (2016)
phrase: "rule_authority"
Cited as authority(citing case) (2014)
phrase: "rule_authority"
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·Coalition of Mental Hlt. Prof. v. Dpr, 546 So. 2d 27 (Fla. 1st DCA 1989).
Cited 6 times | Published | Florida 1st District Court of Appeal
...Persons licensed under that chapter are statutorily subject to the rules adopted by the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling [hereafter referred to as Board] for the purposes of implementing and enforcing the statutory provisions of that chapter. § 491.004, Fla....
0 red0 yellow3 green0 procedural
Cited as authority(citing case) (2002)
phrase: "rule_authority"
Cited as authorityReiff (1998)
phrase: "rule_authority"
Cited as authorityDER (1992)
phrase: "rule_authority"
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Sanitarians' Reg. Bd. v. Solomon, 142 So. 2d 301 (Fla. Dist. Ct. App. 1962).
Published | District Court of Appeal of Florida | 1962 Fla. App. LEXIS 3327
chapter 20621, Laws of 1941 (§§ 471.01-471.33).” Section 491.04(3) reads: “(3) It shall be the duty of this
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Sanitarians' Reg. Bd. v. Solomon, 148 So. 2d 744 (Fla. Dist. Ct. App. 1963).
Published | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3748
Mayo, (Fla.App.1960) 119 So.2d 417, 421. . F.S. 491.04(3), F.S.A. . State ex rel. Florida Industrial
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Ago (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
operation of public property and equipment. Section 491.04(3), F.S., which relates to the general powers

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Cases Citing F.S. 491.004

·Judith Abramson, Donald Airey v. Larry Gonzalez, as Sec'y of the Florida Dep't of Prof'l Reg., 949 F.2d 1567 (11th Cir. 1992).

·Solomon v. Sanitarians'Reg. Bd., 155 So. 2d 353 (Fla. 1963).

·Coalition of Mental Hlt. Prof. v. Dpr, 546 So. 2d 27 (Fla. 1st DCA 1989).

Sanitarians' Reg. Bd. v. Solomon, 142 So. 2d 301 (Fla. Dist. Ct. App. 1962).

Sanitarians' Reg. Bd. v. Solomon, 148 So. 2d 744 (Fla. Dist. Ct. App. 1963).

Ago (Fla. Att'y Gen. 1974).