FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 679.340 — Florida Code / Title XXXIX / Chapter 679 / Part III / Section 679.340
679.340 Effectiveness of right of recoupment or set-off against deposit account.
Status: in_force

(1) Except as otherwise provided in subsection (3), a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against a secured party that holds a security interest in the deposit account.

(2) Except as otherwise provided in subsection (3), the application of this chapter to a security interest in a deposit account does not affect a right of recoupment or set-off of the secured party as to a deposit account maintained with the secured party.

(3) The exercise by a bank of a set-off against a deposit account is ineffective against a secured party that holds a security interest in the deposit account which is perfected by control under s. 679.1041(1)(c), if the set-off is based on a claim against the debtor.

History: s. 3, ch. 2001-198.
Fla. Stat. § 145.141 — Florida Code / Title XI / Chapter 145 / Section 145.141
145.141 Deficiency to be paid by board of county commissioners.
Status: in_force

Should any county officer have insufficient revenue from the income of his or her office, after paying office personnel and expenses, to pay his or her total annual salary, the board of county commissioners shall pay any deficiency in salary from the general revenue fund and notify the Department of Financial Services. The deficiency shall be listed in the comptroller’s annual report of county finances and county fee officers.

History: s. 8, ch. 69-346; ss. 12, 35, ch. 69-106; s. 862, ch. 95-147; s. 149, ch. 2003-261.
Fla. Stat. § 765.404 — Florida Code / Title XLIV / Chapter 765 / Part IV / Section 765.404
765.404 Persistent vegetative state.
Status: in_force

For persons in a persistent vegetative state, as determined by the person’s primary physician in accordance with currently accepted medical standards, who have no advance directive and for whom there is no evidence indicating what the person would have wanted under such conditions, and for whom, after a reasonably diligent inquiry, no family or friends are available or willing to serve as a proxy to make health care decisions for them, life-prolonging procedures may be withheld or withdrawn under the following conditions:

(1) The person has a judicially appointed guardian representing his or her best interest with authority to consent to medical treatment; and

(2) The guardian and the person’s primary physician, in consultation with the medical ethics committee of the facility where the patient is located, conclude that the condition is permanent and that there is no reasonable medical probability for recovery and that withholding or withdrawing life-prolonging procedures is in the best interest of the patient. If there is no medical ethics committee at the facility, the facility must have an arrangement with the medical ethics committee of another facility or with a community-based ethics committee approved by the Florida Bio-ethics Network. The ethics committee shall review the case with the guardian, in consultation with the person’s primary physician, to determine whether the condition is permanent and there is no reasonable medical probability for recovery. The individual committee members and the facility associated with an ethics committee shall not be held liable in any civil action related to the performance of any duties required in this subsection.

History: s. 33, ch. 99-331; s. 18, ch. 2015-153.
Fla. Stat. § 63.207 — Florida Code / Title VI / Chapter 63 / Section 63.207
63.207 Out-of-state placement.
Status: in_force

(1) Unless the parent placing a minor for adoption files an affidavit that the parent chooses to place the minor outside the state, giving the reason for that placement, or the minor is to be placed with a relative or with a stepparent, or the minor is a difficult-to-place child, as defined in s. 409.166(2), or for other good cause shown, an adoption entity may not: (a) Take or send a minor out of the state for the purpose of placement for adoption; or (b) Place or attempt to place a minor for the purpose of adoption with a family who primarily lives and works outside Florida in another state. If an adoption entity is acting under this subsection, the adoption entity must file a petition for declaratory statement pursuant to s. 63.102 for prior approval of fees and costs. The court shall review the costs pursuant to s. 63.097. The petition for declaratory statement must be converted to a petition for an adoption upon placement of the minor in the home. When a minor is placed for adoption with prospective adoptive parents who primarily live and work outside this state, the circuit court in this state may retain jurisdiction over the matter until the adoption becomes final. The prospective adoptive parents may finalize the adoption in this state.

(2) An adoption entity may not counsel a birth mother to leave the state for the purpose of giving birth to a child outside the state in order to secure a fee in excess of that permitted under s. 63.097 when it is the intention that the child is to be placed for adoption outside the state.

(3) When applicable, the Interstate Compact on the Placement of Children authorized in s. 409.401 shall be used in placing children outside the state for adoption.

History: s. 12, ch. 75-226; s. 24, ch. 77-147; s. 8, ch. 78-190; s. 4, ch. 84-101; s. 9, ch. 87-397; s. 21, ch. 92-96; s. 30, ch. 2001-3; s. 34, ch. 2003-58; s. 2, ch. 2022-55.
Fla. Stat. § 206.92 — Florida Code / Title XIV / Chapter 206 / Part II / Section 206.92
206.92 Surrender of bond or license.
Status: in_force

(1) Upon receipt of a written request from any registrant to cancel the license, the department shall have the power to cancel such license, effective 60 days from the date of such written request. No such license shall be canceled unless the registrant has, prior to the date of such cancellation, paid to this state all taxes due and payable, together with all penalties and interest accruing under any of the provisions of this part, and unless the registrant has surrendered to the department the license certificate issued to him or her.

(2) If, upon investigation, the department ascertains and finds that any person to whom a license has been issued under this part is no longer engaged in the sale, use, transfer, or delivery of diesel fuels and has not been so engaged for a period of 6 months, the department shall have the power to cancel the license by giving such person 60 days’ notice of the cancellation, mailed to his or her last known address, in which event the license certificate theretofore issued to such person shall be surrendered to the department.

(3) If any license is canceled by the department as provided in this section, and if the registrant has paid to this state all taxes due and payable, together with any and all penalties and interest accruing under this part, the department shall cancel and surrender the bond theretofore filed by said registrant.

History: s. 8, ch. 19446, 1939; CGL 1940 Supp. 1167(110); s. 9, ch. 26718, 1951; s. 7, ch. 63-253; s. 5, ch. 65-371; s. 2, ch. 65-420; ss. 21, 35, ch. 69-106; s. 1, ch. 70-995; s. 1086, ch. 95-147; s. 85, ch. 95-417; s. 19, ch. 96-323.
Fla. Stat. § 102.151 — Florida Code / Title IX / Chapter 102 / Section 102.151
102.151 County canvassing board to issue certificates; supervisor to give notice to Department of State.
Status: in_force

The county canvassing board shall make and sign duplicate certificates containing the total number of votes cast for each person nominated or elected, the names of persons for whom such votes were cast, and the number of votes cast for each candidate or nominee. One of such certificates which relates to offices for which the candidates or nominees have been voted for in more than one county shall be immediately transmitted to the Department of State, and the second copy filed in the supervisor’s office. The supervisor shall transmit to the Department of State, immediately after the county canvassing board has canvassed the returns of the election, a list containing the names of all county and district officers nominated or elected, the office for which each was nominated or elected, and the mailing address of each.

History: s. 47, ch. 6469, 1913; RGS 351; CGL 408; s. 12, ch. 13761, 1929; s. 5, ch. 25388, 1949; s. 6, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 27, ch. 77-175; s. 31, ch. 89-338.
Fla. Stat. § 327.04 — Florida Code / Title XXIV / Chapter 327 / Section 327.04
327.04 Rules.
Status: in_force

The commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this chapter, the provisions of chapter 705 relating to vessels, and s. 823.11 conferring powers or duties upon it.

History: s. 1, ch. 59-399; s. 4, ch. 63-103; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 154, ch. 94-356; s. 48, ch. 95-333; s. 53, ch. 96-413; s. 67, ch. 98-200; s. 8, ch. 99-289; s. 3, ch. 2000-362; s. 4, ch. 2021-184; s. 15, ch. 2022-142; s. 8, ch. 2025-147.
Fla. Stat. § 373.4596 — Florida Code / Title XXVIII / Chapter 373 / Part IV / Section 373.4596
373.4596 State compliance with stormwater management programs.
Status: in_force

The state, through the Department of Management Services, the Department of Transportation, and other agencies, shall construct, operate, and maintain buildings, roads, and other facilities it owns, leases, or manages to fully comply with state, water management district, and local government stormwater management programs.

History: s. 40, ch. 89-279; s. 298, ch. 92-279; s. 55, ch. 92-326.
Fla. Stat. § 334.045 — Florida Code / Title XXVI / Chapter 334 / Section 334.045
334.045 Transportation performance and productivity standards; development; measurement; application.
Status: in_force

(1) The Florida Transportation Commission shall develop and adopt measures for evaluating the performance and productivity of the department. The measures may be both quantitative and qualitative and must, to the maximum extent practical, assess those factors that are within the department’s control. The measures must, at a minimum, assess performance in the following areas: (a) Production; (b) Finance and administration; (c) Preservation of the current state system; (d) Safety of the current state system; (e) Capacity improvements: highways and all public transportation modes; and (f) The business development program established under s. 337.027.

(2) The commission shall establish annual performance objectives and standards that can be used to evaluate the department’s performance and productivity.

(3) The commission shall evaluate the department’s performance and productivity quarterly, using the measures adopted under this section.

(4) As soon as is practical after each annual evaluation, the commission shall submit its findings to the Governor and to the legislative transportation and appropriation committees. If the commission finds that the department failed to perform satisfactorily under these measures, the commission must recommend actions to be taken to improve the department’s performance.

History: s. 118, ch. 90-136; s. 91, ch. 92-152; s. 55, ch. 93-164; ss. 31, 32, ch. 96-323; s. 23, ch. 2025-155.
Fla. Stat. § 383.332 — Florida Code / Title XXIX / Chapter 383 / Section 383.332
383.332 Establishing, managing, or operating a birth center without a license; penalty.
Status: in_force

Any person who establishes, conducts, manages, or operates any birth center facility without a license issued under s. 383.305 and part II of chapter 408 commits a misdemeanor and, upon conviction, shall be fined not more than $100 for the first offense and not more than $500 for each subsequent offense; and each day of continuing violation after conviction shall be considered a separate offense.

History: ss. 26, 27, ch. 84-283; s. 4, ch. 91-429; s. 11, ch. 2007-230.
Fla. Stat. § 636.212 — Florida Code / Title XXXVII / Chapter 636 / Part II / Section 636.212
636.212 Disclosures.
Status: in_force

A discount plan organization or marketer must provide disclosures to a prospective member and the prospective member must acknowledge the acceptance of such disclosures before enrolling in a discount plan. A discount plan organization or marketer may make additional disclosures to those described in subsection (1).

(1) A disclosure must include: (a) That the plan is not insurance. (b) That the plan provides discounts at certain health care providers for medical services. (c) That the plan does not make payments directly to the providers of medical services. (d) That the plan member is obligated to pay for all health care services but will receive a discount from those health care providers who have contracted with the discount plan organization. (e) The name and address of the licensed discount plan organization.

(2) The first page of any written advertisements, marketing materials, or brochures relating to a discount plan must include the required disclosures in subsection (1). The first page is the page that first includes the information that describes benefits of the discount plan. The disclosures must be printed in not less than 12-point type.

(3) Disclosures provided by electronic means must include disclosures required in subsection (1). The disclosures must be in a font size and color that is readable.

(4) Disclosures made by telephone must include the disclosures in subsection (1) and the prospective or new member must be provided with written disclosures in accordance with subsection (2) in the initial written materials provided.

History: s. 31, ch. 2004-297; s. 8, ch. 2005-232; s. 7, ch. 2017-112.
Fla. Stat. § 960.297 — Florida Code / Title XLVII / Chapter 960 / Section 960.297
960.297 Authorization for governmental right of restitution for costs of incarceration.
Status: in_force

(1) The state and its local subdivisions, in a separate civil action or as counterclaim in any civil action, may seek recovery of the damages and losses set forth in s. 960.293.

(2) For those convicted offenders convicted before July 1, 1994, the state and its local subdivisions, in a separate civil action or as a counterclaim in any civil action, may seek recovery of the damages and losses set forth in s. 960.293, for the convicted offender’s remaining sentence after July 1, 1994.

(3) Civil actions authorized by this section may be commenced at any time during the offender’s incarceration and up to 5 years after the date of the offender’s release from incarceration or supervision, whichever occurs later.

History: s. 9, ch. 94-342; s. 35, ch. 95-184; s. 17, ch. 2009-63.
Fla. Stat. § 413.092 — Florida Code / Title XXX / Chapter 413 / Part I / Section 413.092
413.092 Blind Babies Program.
Status: in_force

(1) The Blind Babies Program is created within the Division of Blind Services of the Department of Education to provide community-based early-intervention education to children from birth through 5 years of age who are blind or visually impaired, and to their parents, families, and caregivers, through community-based provider organizations. The division shall enlist parents, ophthalmologists, pediatricians, schools, the Early Steps Program, and therapists to help identify and enroll blind and visually impaired children, as well as their parents, families, and caregivers, in these educational programs.

(2) The program is not an entitlement but shall promote early development with a special emphasis on vision skills to minimize developmental delays. The education shall lay the groundwork for future learning by helping a child progress through normal developmental stages. It shall teach children to discover and make the best use of their skills for future success in school. It shall seek to ensure that visually impaired and blind children enter school as ready to learn as their sighted classmates. The program shall seek to link these children, and their parents, families, and caregivers, to other available services, training, education, and employment programs that could assist these families in the future. This linkage may include referrals to the school districts and the Early Steps Program for assessments to identify any additional services needed which are not provided by the Blind Babies Program. The division shall develop a formula for eligibility based on financial means and may create a means-based matrix to set a copayment fee for families having sufficient financial means.

(3) The division shall establish outcomes for this program, which shall include, but are not limited to, outcomes relating to the children’s age-appropriate developmental stages; knowledge of assistive technology; proficiency at daily living; ability to participate in pre-school and school; participation in their communities; and ability to be literate. The division shall develop criteria to be used in identifying and contracting with community-based provider organizations. All services offered through the Blind Babies Program shall be provided by community-based provider organizations. The division shall require any community-based provider organization delivering services under this program to develop performance measures related to those services and report to the division on the progress in achieving those measures.

History: s. 2, ch. 2000-359; s. 30, ch. 2002-22; s. 22, ch. 2016-238.
Fla. Stat. § 190.022 — Florida Code / Title XIII / Chapter 190 / Section 190.022
190.022 Special assessments.
Status: in_force

(1) The board may levy special assessments for the construction, reconstruction, acquisition, or maintenance of district facilities authorized under this chapter using the procedures for levy and collection provided in chapter 170 or chapter 197.

(2) Notwithstanding the provisions of s. 170.09, district assessments may be made payable in no more than 30 yearly installments.

History: s. 2, ch. 80-407; s. 12, ch. 84-360; s. 8, ch. 91-308; s. 41, ch. 99-378.
Fla. Stat. § 421.01 — Florida Code / Title XXX / Chapter 421 / Part I / Section 421.01
421.01 Short title.
Status: in_force

Part I of this chapter may be referred to as the “Housing Authorities Law.”

History: s. 1, ch. 17981, 1937; CGL 1940 Supp. 7100(3-a).
Fla. Stat. § 39.6231 — Florida Code / Title V / Chapter 39 / Part VIII / Section 39.6231
39.6231 Permanent placement with a fit and willing relative.
Status: in_force

(1) If a court finds that reunification or adoption are not in the best interests of a child, the court may place the child with a fit and willing relative as a permanency option if: (a) The child has been in the placement for at least the preceding 6 months; (b) The relative has made a commitment to provide for the child until the child reaches the age of majority and to prepare the child for adulthood and independence; (c) The relative is suitable and able to provide a safe and permanent home for the child; and (d) The relative agrees to give notice of any change in his or her residence or the residence of the child by filing a written document with the clerk of court.

(2) The department and the guardian ad litem shall provide the court with a recommended list and description of services needed by the child and the family in order to ensure the permanency of the placement.

(3) In its written order placing the child with a fit and willing relative, the court shall: (a) List the circumstances or reasons why reunification is not possible by referring to specific findings of fact made in its order adjudicating the child dependent or by making separate findings of fact; (b) State the reasons why permanent placement with a fit and willing relative is being established instead of adoption; (c) Specify the frequency and nature of visitation or contact between the child and his or her parents; (d) Specify the frequency and nature of visitation or contact between the child and his or her grandparents, under s. 39.509; (e) Specify the frequency and nature of visitation or contact between the child and his or her siblings; and (f) Require that the relative not return the child to the physical care and custody of the person from whom the child was removed without the approval of the court.

(4) The court shall give the relative a separate order establishing his or her authority to care for the child and providing other information the court deems proper which can be provided to entities and individuals who are not parties to the proceeding as necessary, notwithstanding the confidentiality of s. 39.202.

(5) The department shall continue to supervise the placement with the relative until further court order. The court shall continue to review the placement at least once every 6 months.

(6) Each party to the proceeding must be advised by the department and the court that placement with a fit and willing relative does not preclude the possibility of the child returning to the custody of the parent.

(7) The court shall continue to conduct permanency hearings in order to reevaluate the possibility of adoption or permanent guardianship of the child.

History: s. 21, ch. 2006-86.
Fla. Stat. § 83.57 — Florida Code / Title VI / Chapter 83 / Part II / Section 83.57
83.57 Termination of tenancy without specific term.
Status: in_force

A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:

(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;

(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;

(3) When the tenancy is from month to month, by giving not less than 30 days’ notice prior to the end of any monthly period; and

(4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.

History: s. 2, ch. 73-330; s. 3, ch. 81-190; s. 15, ch. 83-217; s. 2, ch. 2023-314.