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Florida Statute 402.181 - Full Text and Legal Analysis
Florida Statute 402.181 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 402.181 Case Law from Google Scholar Google Search for Amendments to 402.181

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS
View Entire Chapter
402.181 State Institutions Claims Program.
(1) There is created a State Institutions Claims Program, for the purpose of making restitution for property damages and direct medical expenses for injuries caused by shelter children or foster children, or escapees, inmates, or patients of state institutions or developmental disabilities centers under the Department of Children and Families, the Department of Health, the Department of Juvenile Justice, the Department of Corrections, or the Agency for Persons with Disabilities.
(2) Claims for restitution may be filed with the Department of Children and Families, the Department of Health, the Department of Juvenile Justice, the Department of Corrections, or the Agency for Persons with Disabilities. The claim must be filed with the department or agency responsible for monitoring the person who caused the medical injury or the property damage. The departments and agencies have the full power and authority to approve or deny claims and may, within the limits of current appropriations, pay individual claims up to $1,000 or, with respect to children in foster care and their families, individual claims up to $1,500. Claims in excess of these amounts shall continue to require legislative approval.
(3) The Department of Children and Families, the Department of Health, the Department of Juvenile Justice, the Department of Corrections, and the Agency for Persons with Disabilities shall adopt rules to process claims and to ensure that eligible claimants receive restitution within a reasonable timeframe.
History.s. 1, ch. 72-120; s. 1, ch. 77-117; s. 9, ch. 77-120; s. 10, ch. 77-320; s. 16, ch. 79-3; s. 51, ch. 86-220; s. 68, ch. 94-209; s. 4, ch. 96-402; s. 68, ch. 96-418; s. 139, ch. 99-8; s. 26, ch. 2000-367; s. 47, ch. 2006-227; s. 13, ch. 2008-244; s. 137, ch. 2014-19; s. 17, ch. 2021-131.

F.S. 402.181 on Google Scholar

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Amendments to 402.181


Annotations, Discussions, Cases:

Cases Citing Statute 402.181

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

Department of Offender Rehabilitation? SUMMARY: Section 402.181, F. S., continues to be applicable to the Department
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Ago (Fla. Att'y Gen. 1977).

Published | Florida Attorney General Reports

QUESTIONS: 1. Was s. 402.181 , F. S., made applicable to the Department of Offender Rehabilitation by Ch. 75-49 , Laws of Florida? 2. May current claims against the Department of Offender Rehabilitation now be processed? SUMMARY: Section 402.181 , F....
...he Department of Health and Rehabilitative Services. That statute is not applicable to the Department of Offender Rehabilitation, inasmuch as Ch. 75-49 , Laws of Florida, which created the Department of Offender Rehabilitation, makes no reference to s. 402.181 . Neither has s. 402.181 been amended to include institutions of the Department of Offender Rehabilitation within its purview. Section 402.181 and Ch....
...75-49 give no authority to the Department of Legal Affairs to process claims against the Department of Offender Rehabilitation. Lacking specific statutory authority to process such claims, the Department of Legal Affairs is without power to do so. Your first question is answered in the negative. Section 402.181 (1), F....
...75-49 , Laws of Florida, created the Department of Offender Rehabilitation and transferred the powers, duties, and functions of the former Division of Corrections of the Department of Health and Rehabilitative Services to the Department of Offender Rehabilitation, that chapter makes no reference to s. 402.181 , F....
...75-49 provides that the Division of Statutory Revision and Indexing of the Joint Legislative Management Committee shall prepare reviser's bills to clarify the Florida Statutes so as to reflect the changes made by Ch. 75-49 , the Legislature has not yet amended s. 402.181 to include institutions under the Department of Offender Rehabilitation, and in its discretion may or may not do so in the future. Accordingly, there is no basis on which to conclude that s. 402.181 was made applicable to the Department of Offender Rehabilitation by Ch. 75-49 . Your second question must also be answered in the negative. Section 402.181 (2), F....
...eing exclusively legislative may not be delegated to the executive branch of government. See also , Florida Development Commission v. Dickinson, 229 So.2d 6 (1 D.C.A. Fla., 1969), cert. denied , 237 So.2d 530 (Fla. 1970); AGO 075-120. Not only would s. 402.181 , F....

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