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Florida Statute 491.004 - Full Text and Legal Analysis
Florida Statute 491.004 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 491
CLINICAL, COUNSELING, AND PSYCHOTHERAPY SERVICES
View Entire Chapter
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.
(c) Three members for terms of 4 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.

F.S. 491.004 on Google Scholar

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Amendments to 491.004


Annotations, Discussions, Cases:

Cases Citing Statute 491.004

Total Results: 6  |  Sort by: Relevance  |  Newest First

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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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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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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....
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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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