 |
Florida Statutes (Last Updated: April 21, 2021) |
 |
TITLE XXXII. REGULATION OF PROFESSIONS AND OCCUPATIONS |
|
CHAPTER 456. HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS |
Latest version.
- 1(1) 2The State Surgeon General shall have standing to challenge any rule or proposed rule of a board under its jurisdiction pursuant to s. 25120.5626. In addition to challenges for any invalid exercise of delegated legislative authority, the administrative law judge, upon such a challenge by the State Surgeon General, may declare all or part of a rule or proposed rule invalid if it:66(a) 67Does not protect the public from any significant and discernible harm or damages;80(b) 81Unreasonably restricts competition or the availability of professional services in the state or in a significant part of the state; or102(c) 103Unnecessarily increases the cost of professional services without a corresponding or equivalent public benefit.
117However, there shall not be created a presumption of the existence of any of the conditions cited in this subsection in the event that the rule or proposed rule is challenged.
148(2) 149In addition, either the State Surgeon General or the board shall be a substantially interested party for purposes of s. 169120.54(7)170. The board may, as an adversely affected party, initiate and maintain an action pursuant to s. 187120.68 188challenging the final agency action.193(3) 194No board created within the department shall have standing to challenge a rule or proposed rule of another board. However, if there is a dispute between boards concerning a rule or proposed rule, the boards may avail themselves of the provisions of s. 237456.011(5)238.
Note
Note.-Former s. 455.544.
