FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 316.1985 — Florida Code / Title XXIII / Chapter 316 / Section 316.1985
316.1985 Limitations on backing.
Status: in_force

(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access facility.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History: s. 1, ch. 71-135; s. 1, ch. 76-31; s. 149, ch. 99-248.
Fla. Stat. § 744.1012 — Florida Code / Title XLIII / Chapter 744 / Part I / Section 744.1012
744.1012 Legislative intent.
Status: in_force

The Legislature finds that:

(1) Adjudicating a person totally incapacitated and in need of a guardian deprives such person of all her or his civil and legal rights and that such deprivation may be unnecessary.

(2) It is desirable to make available the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs and that alternatives to guardianship and less restrictive means of assistance, including, but not limited to, guardian advocates, be explored before a plenary guardian is appointed.

(3) By recognizing that every individual has unique needs and differing abilities, it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and in developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in her or his own behalf. This act shall be liberally construed to accomplish this purpose.

(4) Private guardianship may be inadequate when there is no willing and responsible family member or friend, other person, bank, or corporation available to serve as guardian for an incapacitated person, and such person does not have adequate income or wealth for the compensation of a private guardian.

(5) Through the establishment of the Office of Public and Professional Guardians, the Legislature intends to permit the establishment of offices of public guardians for the purpose of providing guardianship services for incapacitated persons when no private guardian is available.

(6) A public guardian will be provided only to those persons whose needs cannot be met through less restrictive means of intervention. A public guardian may also serve in the capacity of a limited guardian or guardian advocate under s. 393.12 when the public guardian is the guardian of last resort as described in subsection (4).

History: s. 3, ch. 89-96; s. 1, ch. 90-271; s. 1067, ch. 97-102; s. 4, ch. 2016-40.
Fla. Stat. § 121.085 — Florida Code / Title X / Chapter 121 / Part I / Section 121.085
121.085 Creditable service.
Status: in_force

The following provision shall apply to creditable service as defined in s. 121.021(17): no creditable service which remained unclaimed at retirement may be claimed or purchased after a retirement benefit payment has been cashed or deposited.

History: s. 6, ch. 2000-347; s. 36, ch. 2012-116; s. 16, ch. 2013-15.
Fla. Stat. § 601.25 — Florida Code / Title XXXV / Chapter 601 / Section 601.25
601.25 Determination of soluble solids and acid.
Status: in_force

The department shall adopt rules determining the method by which juice is tested for percentage of total soluble solids, the method by which juice is tested for acidity, and the method for testing fruit for juice content. Until the department determines such method by rule, the Brix hydrometer shall be used and the reading of the hydrometer corrected for temperature shall be considered as the percent of the total soluble solids, and anhydrous citric acid shall be determined by titration of the juice using standard alkali and phenolphthalein as indicator, the total acidity being calculated as anhydrous citric acid.

History: s. 25, ch. 25149, 1949; s. 1, ch. 61-68; s. 22, ch. 71-186; s. 22, ch. 2012-182.
Fla. Stat. § 77.081 — Florida Code / Title VI / Chapter 77 / Section 77.081
77.081 Default; judgment.
Status: in_force

(1) If the garnishee fails to answer as required, a default shall be entered against him or her.

(2) On the entry of judgment for plaintiff, a final judgment shall be entered against the garnishee for the amount of plaintiff’s claim with interest and costs. No final judgment against a garnishee shall be entered before the entry of, or in excess of, the final judgment against the original defendant with interest and costs. If the claim of the plaintiff is dismissed or judgment is entered against the plaintiff the default against garnishee shall be vacated and judgment for the garnishee’s costs entered.

History: s. 11, ch. 43, 1845; RS 1681, 1682; GS 2146, 2147; RGS 3448, 3449; CGL 5301, 5302; s. 27, ch. 67-254; s. 390, ch. 95-147.
Fla. Stat. § 409.2565 — Florida Code / Title XXX / Chapter 409 / Part I / Section 409.2565
409.2565 Publication of delinquent obligors.
Status: in_force

For support orders that are being enforced by the department, the department may compile and make available for publication a listing of cases in which payment of the support obligation is overdue. Each case on the list may be identified only by the name of the support obligor, the support obligor’s court order docket or case number, the county in which the obligor’s support order is filed, the arrearage amount, and a photograph. The department need not give prior notice to the obligor of the publication and listing of cases.

History: s. 3, ch. 95-222; s. 33, ch. 2001-158.
Fla. Stat. § 932.51 — Florida Code / Title XLVII / Chapter 932 / Section 932.51
932.51 Execution on affirmance of judgment.
Status: in_force

Upon the affirmance of a judgment, sentence or order, the appellate court shall order and direct the court in which the case was originally determined to carry into effect the original judgment, sentence or order, or the appellate court shall itself proceed to pass such judgment, sentence or order as to it shall seem proper.

History: s. 5, ch. 138, 1848; RS 2978; GS 4051; RGS 6155; CGL 8469.
Fla. Stat. § 534.47 — Florida Code / Title XXXIII / Chapter 534 / Section 534.47
534.47 Definitions.
Status: in_force

As used in ss. 534.48-534.54, the term:

(1) “Dealer” means a person, not a market agency, engaged in the business of buying or selling in commerce livestock either on his or her own account or as the employee or agent of a vendor or purchaser.

(2) “Department” means the Department of Agriculture and Consumer Services.

(3) “Livestock” has the same meaning as in s. 585.01(13).

(4) “Livestock market” means any location in the state where livestock is assembled and sold at public auction or on a commission basis during regularly scheduled or special sales. The term “livestock market” does not include private farms or ranches or sales made at livestock shows, fairs, exhibitions, or special breed association sales.

(5) “Packer” means a person engaged in the business of buying livestock in commerce for purposes of slaughter, or of manufacturing or preparing meats or meat food products for sale or shipment in commerce, or of marketing meats, meat food products, or livestock products in an unmanufactured form acting as a wholesaler broker, dealer, or distributor in commerce.

(6) “Purchaser” means a person, partnership, firm, corporation, or other organization owning, managing, producing, or dealing in livestock, including, but not limited to, a packer or dealer, that buys livestock for breeding, feeding, reselling, slaughter, or other purpose.

(7) “Registered and approved livestock market” means a livestock market fully registered, bonded, and approved as a market agency pursuant to the Stockyards Act and governing regulations of the United States Department of Agriculture Grain Inspection, Packers and Stockyards Administration.

(8) “Seller” means a person, partnership, firm, corporation, or other organization owning, managing, producing, financing, or dealing in livestock, including, but not limited to, a registered and approved livestock market as consignee or a dealer, that sells livestock for breeding, feeding, reselling, slaughter, or other purpose.

(9) “Stockyards Act” means the Packers and Stockyards Act of 1921, 7 U.S.C. ss. 181–229 and the regulations promulgated pursuant to that act under 9 C.F.R. part 201.

History: s. 1, ch. 73-40; s. 2, ch. 81-318; ss. 2, 3, ch. 83-7; s. 1, ch. 93-5; s. 31, ch. 2018-84; s. 47, ch. 2024-137.
Fla. Stat. § 83.801 — Florida Code / Title VI / Chapter 83 / Part III / Section 83.801
83.801 Short title.
Status: in_force

Sections 83.801-83.809 shall be known and may be cited as the “Self-storage Facility Act.”

History: s. 1, ch. 79-404; s. 1, ch. 82-151.
Fla. Stat. § 766.301 — Florida Code / Title XLV / Chapter 766 / Section 766.301
766.301 Legislative findings and intent.
Status: in_force

(1) The Legislature makes the following findings: (a) Physicians practicing obstetrics are high-risk medical specialists for whom malpractice insurance premiums are very costly, and recent increases in such premiums have been greater for such physicians than for other physicians. (b) Any birth other than a normal birth frequently leads to a claim against the attending physician; consequently, such physicians are among the physicians most severely affected by current medical malpractice problems. (c) Because obstetric services are essential, it is incumbent upon the Legislature to provide a plan designed to result in the stabilization and reduction of malpractice insurance premiums for providers of such services in Florida. (d) The costs of birth-related neurological injury claims are particularly high and warrant the establishment of a limited system of compensation irrespective of fault. The issue of whether such claims are covered by this act must be determined exclusively in an administrative proceeding.

(2) It is the intent of the Legislature to provide compensation, on a no-fault basis, for a limited class of catastrophic injuries that result in unusually high costs for custodial care and rehabilitation. This plan shall apply only to birth-related neurological injuries.

History: s. 60, ch. 88-1; s. 1, ch. 98-113.
Fla. Stat. § 806.135 — Florida Code / Title XLVI / Chapter 806 / Section 806.135
806.135 Destroying or demolishing a memorial or historic property.
Status: in_force

(1) As used in this section, the term: (a) “Historic property” means any building, structure, site, or object that has been officially designated as a historic building, historic structure, historic site, or historic object through a federal, state, or local designation program. (b) “Memorial” means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure name, or display that is constructed and located with the intent of being permanently displayed or perpetually maintained; is dedicated to a historical person, an entity, an event, or a series of events; and honors or recounts the military service of any past or present United States Armed Forces military personnel, or the past or present public service of a resident of the geographical area comprising the state or the United States. The term includes, but is not limited to, the following memorials established under chapter 265: 1. Florida Women’s Hall of Fame. 2. Florida Medal of Honor Wall. 3. Florida Veterans’ Hall of Fame. 4. POW-MIA Chair of Honor Memorial. 5. Florida Veterans’ Walk of Honor and Florida Veterans’ Memorial Garden. 6. Florida Law Enforcement Officers’ Hall of Fame. 7. Florida Holocaust Memorial. 8. Florida Slavery Memorial. 9. Any other memorial located within the Capitol Complex, including, but not limited to, Waller Park.

(2) It is unlawful for any person to willfully and maliciously destroy or demolish any memorial or historic property, or willfully and maliciously pull down a memorial or historic property, unless authorized by the owner of the memorial or historic property. A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A court shall order any person convicted of violating this section to pay restitution, which shall include the full cost of repair or replacement of such memorial or historic property.

History: s. 11, ch. 2021-6.
Fla. Stat. § 1001.44 — Florida Code / Title XLVIII / Chapter 1001 / Part II / Section 1001.44
1001.44 Career centers.
Status: in_force

(1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER CENTERS. — Any district school board, after first obtaining the approval of the Department of Education, may, as a part of the district school system, organize, establish and operate a career center, or acquire and operate a career center previously established.

(2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY ESTABLISH OR ACQUIRE CAREER CENTERS. — The district school boards of any two or more contiguous districts may, upon first obtaining the approval of the department, enter into an agreement to organize, establish and operate, or acquire and operate, a career center under this section.

(3) CAREER CENTER PART OF DISTRICT SCHOOL SYSTEM DIRECTED BY A DIRECTOR. — (a) A career center established or acquired under provisions of law and minimum standards prescribed by the commissioner shall comprise a part of the district school system and shall mean an educational institution offering terminal courses of a technical nature, and courses for out-of-school youth and adults; shall be subject to all applicable provisions of this code; shall be under the control of the district school board of the school district in which it is located; and shall be directed by a director responsible through the district school superintendent to the district school board of the school district in which the center is located. (b) Each career center shall maintain an academic transcript for each student enrolled in the center. Such transcript shall delineate each course completed by the student. Courses shall be delineated by the course prefix and title assigned pursuant to s. 1007.24. The center shall make a copy of a student’s transcript available to any student who requests it.

History: s. 57, ch. 2002-387; s. 72, ch. 2004-357.
Fla. Stat. § 634.424 — Florida Code / Title XXXVII / Chapter 634 / Part III / Section 634.424
634.424 Procedure for refusal, suspension, or revocation of license or appointment of sales representatives.
Status: in_force

(1) If any sales representative is convicted by a court of a violation of any provision of this part or an applicable provision of the Florida Insurance Code, the license and appointment of the individual shall thereby be deemed to be immediately revoked without any further procedure relative thereto by the department.

(2) If, after an investigation or upon other evidence, the department has reason to believe that there may exist any one or more grounds for the suspension, revocation, or refusal to renew or continue the license or appointment of any sales representative, as such grounds are specified in ss. 634.422 and 634.423, the department may proceed to suspend, revoke, or refuse to renew or continue the license or appointment, as the case may be.

(3) If the licensed and appointed sales representative also holds a license to perform professional services of the type covered by the service warranty issued, the department shall file with the regulatory authority that issued the license a recommendation that the license be suspended or revoked. Such regulatory authority shall promptly review the recommendation and take appropriate action in accordance with its laws and rules to suspend or revoke the license.

(4) Whenever it appears that any licensed or appointed insurance agent has violated the provisions of this part, the department may take action relative thereto as is authorized by the insurance code for a violation of the insurance code by the agent.

History: s. 5, ch. 78-255; s. 3, ch. 81-148; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 19, 36, 37, 38, ch. 83-322; s. 64, ch. 91-106; s. 155, ch. 91-108; s. 20, ch. 93-195.
Fla. Stat. § 410.034 — Florida Code / Title XXX / Chapter 410 / Section 410.034
410.034 Department determination of fitness to provide home care.
Status: in_force

In accordance with s. 429.02, a person caring for an adult who is related to such person by blood or marriage is not subject to the Assisted Living Facilities Act. If, however, the person who plans to provide home care under this act is found by the department to be unable to provide this care, the department shall notify the person wishing to provide home care of this determination, and the person shall not be eligible for subsidy payments under ss. 410.031-410.036.

History: s. 16, ch. 77-336; s. 18, ch. 78-433; s. 168, ch. 79-400; s. 33, ch. 95-210; s. 74, ch. 95-418; s. 85, ch. 2006-197.
Fla. Stat. § 741.02 — Florida Code / Title XLIII / Chapter 741 / Section 741.02
741.02 Additional fee.
Status: in_force

Upon the receipt of each application for the issuance of a marriage license, the county court judge or clerk of the circuit court shall, in addition to the fee allowed by s. 741.01, collect and receive an additional fee of $4, to be distributed as provided by s. 382.022.

History: s. 1, ch. 11869, 1927; CGL 5851; s. 7, ch. 22000, 1943; s. 1, ch. 67-520; s. 28, ch. 73-334; s. 1, ch. 74-372; s. 31, ch. 87-387; s. 6, ch. 88-98.
Fla. Stat. § 607.0201 — Florida Code / Title XXXVI / Chapter 607 / Part I / Section 607.0201
607.0201 Incorporators.
Status: in_force

One or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the department for filing.

History: s. 16, ch. 89-154; s. 16, ch. 2019-90.
Fla. Stat. § 25.241 — Florida Code / Title V / Chapter 25 / Section 25.241
25.241 Clerk of Supreme Court; assistants; duties relating to filing fees and court documents.
Status: in_force

(1) The Clerk of the Supreme Court is authorized to employ such deputies and clerical assistants as may be necessary. Their number and compensation shall be approved by the court. The compensation of such employees shall be paid from the annual appropriation for the Supreme Court.

(2)(a) The Clerk of the Supreme Court is hereby required to collect, upon the filing of a certified copy of a notice of appeal or petition, $300 for each case docketed, and for copying, certifying, or furnishing opinions, records, papers, or other instruments, except as otherwise herein provided, the same fees that are allowed clerks of the circuit court; however, no fee shall be less than $1. The State of Florida or its agencies, when appearing as appellant or petitioner, is exempt from the filing fees required in this subsection. From each attorney appearing pro hac vice, the Clerk of the Supreme Court shall collect an additional fee of $100 to be deposited into the General Revenue Fund. (b) Upon the filing of a notice of cross-appeal, or a notice of joinder or motion to intervene as an appellant, cross-appellant, or petitioner, the Clerk of the Supreme Court shall charge and collect a filing fee of $295. The clerk shall remit the fee to the Department of Revenue for deposit into the General Revenue Fund. The state and its agencies are exempt from the filing fee required in this paragraph.

(3) The Clerk of the Supreme Court is hereby authorized, immediately after a case is disposed of, to supply the judge who tried the case and from whose order, judgment, or decree, appeal or other review is taken and any court which reviewed it, a copy of all opinions, orders, or judgments filed in such case. Copies of opinions, orders, and decrees shall be furnished in all cases to each attorney of record; copies for publication in Florida reports shall be without charge; and copies furnished to the law book publishers shall be at one-half the regular statutory fee.

(4) The Clerk of the Supreme Court is hereby required to prepare a statement of all fees collected each month and remit such statement, together with all fees collected by him or her, to the Chief Financial Officer. The Chief Financial Officer shall deposit $250 of each $300 filing fee and all other fees collected into the General Revenue Fund. The Chief Financial Officer shall deposit $50 of each filing fee collected into the State Courts Revenue Trust Fund to fund court operations as authorized in the General Appropriations Act.

History: s. 1, ch. 57-274; s. 1, ch. 73-305; s. 3, ch. 75-124; s. 1, ch. 85-222; s. 1, ch. 85-249; s. 5, ch. 89-290; s. 103, ch. 95-147; s. 77, ch. 2003-261; s. 1, ch. 2004-265; s. 1, ch. 2006-23; s. 1, ch. 2008-111; s. 1, ch. 2010-162; s. 3, ch. 2014-182.
Fla. Stat. § 166.0484 — Florida Code / Title XII / Chapter 166 / Part I / Section 166.0484
166.0484 Ordinances, regulations, and policies concerning temporary underground power panels.
Status: in_force

(1) A municipality may not enact any ordinance, regulation, or policy that prevents or has the effect of preventing an electric utility, as defined in s. 366.02(4), from installing a temporary underground power panel if the temporary underground power panel meets the requirements of Article 590 of the National Electrical Code, 2020 edition, during the construction and installation of the temporary underground power panel. After the municipality has conducted an inspection of the temporary underground power panel, the municipality may not require a subsequent inspection of the temporary underground power panel as a condition of issuance of the certificate of occupancy.

(2) As used in this section, the term “temporary underground power panel” means a permanent meter base that includes a meter socket, meter, and downpipe, to which power is provided through an underground service line by an electric utility pursuant to its tariffs or service standards, that is permanently attached to a block residential structure, provides temporary power for construction of the residential structure, and is intended for use in providing permanent service to the residential structure upon issuance of the certificate of occupancy.

(3) Subsections (1) and (2) do not apply to a municipality that owns or operates an electric utility with 100,000 customers or less, and the municipality’s ordinance, regulation, or policy applies only to its operations as an electric utility.

History: s. 2, ch. 2022-82; s. 49, ch. 2023-8.
Fla. Stat. § 337.108 — Florida Code / Title XXVI / Chapter 337 / Section 337.108
337.108 Hazardous materials and pollutants; indemnification.
Status: in_force

(1) For purposes of this section: (a) The term “hazardous materials” shall have the same meaning as provided in s. 768.128(1)(a). (b) The term “pollutants” shall have the same meaning as provided in s. 376.031. (c) The term “contractor” means any person or firm having a contract for rendering services to the department relating to the construction or maintenance of a transportation facility; the term does not include persons or firms performing hazardous material or pollutant response, containment, disposal, or cleanup services.

(2) The department may agree to hold harmless and indemnify a contractor for damages when the contractor discovers or encounters hazardous materials or pollutants during the performance of services for the department when the presence of such materials or pollutants was unknown or not reasonably discoverable. Such indemnification agreements shall only be effective if the contractor immediately stops work and notifies the department of the hazardous material or pollutant problem.

(3) Such an indemnification agreement may not indemnify the contractor for damages resulting from any willful, wanton, or intentional conduct of the contractor.

History: s. 125, ch. 92-152; s. 164, ch. 94-356.