Florida Statute 491.004 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 491
CLINICAL, COUNSELING, AND PSYCHOTHERAPY SERVICES

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F.S. 491.004

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.

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Amendments to 491.004

Arrestable Offenses / Crimes under Fla. Stat. 491.004

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 491.004.

Annotations, Discussions, Cases:

Cases Citing Statute 491.004

Total Results: 11

& SC13-2112 Corey Smith v. State of Florida and Corey Smith v. Julie L. Jones, etc.

Court: Supreme Court of Florida | Date Filed: 2017-03-16

Citation: 213 So. 3d 722

Snippet: which were each given “little weight.” Id. at 491.4 For the murder of Wilson, the trial court

Hernandez v. Paris Industrial Maintenance

Court: District Court of Appeal of Florida | Date Filed: 2010-07-07

Citation: 39 So. 3d 466, 2010 Fla. App. LEXIS 9890, 2010 WL 2671799

Snippet: provided by more than one individual. See § 440.491(4)(a)-(c), Fla. Stat. (2007) (stating that the carrier

Douglas v. Florida Power & Light, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-02-22

Citation: 921 So. 2d 750, 2006 Fla. App. LEXIS 2207, 2006 WL 397477

Snippet: reemployment assessment pursuant to section 440.491(4)(Supp.l994)”) (footnote omitted). The rationale

Eckert v. Publix Supermarkets, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-04-26

Citation: 783 So. 2d 1187, 2001 Fla. App. LEXIS 5561, 2001 WL 420597

Snippet: feasible. Both section 440.15(l)(e)l and section 440.491(4) were enacted as part of the 1994 Amendments to

Lockheed Space Operations v. Langworthy

Court: District Court of Appeal of Florida | Date Filed: 1996-12-12

Citation: 686 So. 2d 665, 1996 WL 710776

Snippet: reemployment assessment[1] pursuant to section 440.491(4)(Supp.1994). Ms. Langworthy was injured in 1987

Coalition of Mental Hlt. Prof. v. Dpr

Court: District Court of Appeal of Florida | Date Filed: 1989-06-20

Citation: 546 So. 2d 27

Snippet: enforcing the statutory provisions of that chapter. § 491.004, Fla. Stat. (1987). [2] Certain appellees have

Pierce v. Smith

Court: District Court of Appeal of Florida | Date Filed: 1974-09-27

Citation: 301 So. 2d 805

Snippet: [3] Futch v. Josey, Fla.App.2d, 1971, 247 So.2d 491. [4] Futch v. Josey, Fla.App.2d, 1972, 263 So.2d 240

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-08-30

Snippet: operation of public property and equipment. Section 491.04(3), F.S., which relates to the general powers and

Solomon v. SANITARIANS'REGISTRATION BOARD

Court: Supreme Court of Florida | Date Filed: 1963-07-17

Citation: 155 So. 2d 353

Snippet: Statutes, F.S.A., when read in the light of Section 491.04(3), Florida Statutes, F.S.A., granted to the Board

Sanitarians' Registration Board v. Solomon

Court: District Court of Appeal of Florida | Date Filed: 1963-01-22

Citation: 148 So. 2d 744, 1963 Fla. App. LEXIS 3748

Snippet: now take note of the applicable statutes: Section 491.04(3) provides: ■ “(3) It shall be the duty of this

Sanitarians' Registration Board v. Solomon

Court: District Court of Appeal of Florida | Date Filed: 1962-06-07

Citation: 142 So. 2d 301, 1962 Fla. App. LEXIS 3327

Snippet: 20621, Laws of 1941 (§§ 471.01-471.33).” Section 491.04(3) reads: “(3) It shall be the duty of this board