FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 548.011 — Florida Code / Title XXXIII / Chapter 548 / Section 548.011
548.011 Power of commission to issue, withhold, suspend, or revoke licenses and permits.
Status: in_force

The commission has exclusive jurisdiction to issue, withhold, suspend, or revoke any license or permit provided for in this chapter.

History: ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.
Fla. Stat. § 687.05 — Florida Code / Title XXXIX / Chapter 687 / Section 687.05
687.05 Provisions for payment of attorney’s fees.
Status: in_force

No provision for the payment of attorney’s fees, or charge for exchange or similar charge shall render such instrument subject to the terms of any statute of this state, limiting the amount of interest which shall be charged on such instrument.

History: s. 2, ch. 4374, 1895; GS 3107; RGS 4853; CGL 6940.
Fla. Stat. § 216.273 — Florida Code / Title XIV / Chapter 216 / Section 216.273
216.273 Administered Funds Trust Fund.
Status: in_force

(1) The Administered Funds Trust Fund is created within the Executive Office of the Governor.

(2) The trust fund shall be used for the purpose of allocating to various agencies those appropriations that are made under the administered funds budget entity. The trust fund is a clearing account to be used solely for the distribution of budget authority and is not intended to receive or distribute cash.

(3) Pursuant to the provisions of s. 19(f)(3), Art. III of the State Constitution, the trust fund, as a clearing account, is exempt from the automatic termination provisions of s. 19(f)(2), Art. III of the State Constitution.

History: s. 1, ch. 2002-166.
Fla. Stat. § 744.624 — Florida Code / Title XLIII / Chapter 744 / Part VIII / Section 744.624
744.624 Guardian’s application of estate funds for support and maintenance of person other than ward.
Status: in_force

A guardian shall not apply any portion of the estate of her or his ward to the support and maintenance of any person other than her or his ward, except upon order of the court after a hearing, notice of which has been given to the proper office of the United States Department of Veterans Affairs as provided in s. 744.625.

History: s. 13, ch. 14579, 1929; CGL 1936 Supp. 2146(14); s. 1, ch. 73-304; s. 10, ch. 84-62; s. 46, ch. 93-268; s. 1120, ch. 97-102.
Fla. Stat. § 288.017 — Florida Code / Title XIX / Chapter 288 / Part I / Section 288.017
288.017 Cooperative advertising matching grants program.
Status: in_force

(1) The Florida Tourism Industry Marketing Corporation is authorized to establish a cooperative advertising matching grants program and, pursuant thereto, to make expenditures and enter into contracts with local governments and nonprofit corporations for the purpose of publicizing the tourism advantages of the state. The department, based on recommendations from the corporation, shall have final approval of grants awarded through this program.

(2) The total annual allocation of funds for this grant program may not exceed $40,000. Each grant awarded under the program shall be limited to no more than $2,500 and shall be matched by nonstate dollars. All grants shall be restricted to local governments and nonprofit corporations serving and located in municipalities having a population of 50,000 persons or less or in counties with an unincorporated area having a population of 200,000 persons or less.

(3) The Florida Tourism Marketing Corporation shall conduct an annual competitive selection process for the award of grants under the program. In determining its recommendations for the grant awards, the corporation shall consider the demonstrated need of the applicant for advertising assistance, the feasibility and projected benefit of the applicant’s proposal, the amount of nonstate funds that will be leveraged, and such other criteria as the department deems appropriate. In evaluating grant applications, the department shall consider recommendations from the corporation. The department, however, has final approval authority for any grant under this section.

History: s. 1, ch. 91-218; s. 31, ch. 96-320; s. 131, ch. 2011-142; s. 35, ch. 2023-173.
Fla. Stat. § 739.102 — Florida Code / Title XLII / Chapter 739 / Section 739.102
739.102 Definitions.
Status: in_force

As used in this chapter, the term:

(1) “Benefactor” means the creator of the interest that is subject to a disclaimer.

(2) “Beneficiary designation” means an instrument, other than an instrument creating or amending a trust, naming the beneficiary of: (a) An annuity or insurance policy; (b) An account with a designation for payment on death; (c) A security registered in beneficiary form; (d) A pension, profit-sharing, retirement, or other employment-related benefit plan; or (e) Any other nonprobate transfer at death.

(3) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

(4) “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made.

(5) “Disclaimer” means the refusal to accept an interest in or power over property. The term includes a renunciation.

(6) “Fiduciary” means a personal representative, trustee, agent acting under a power of attorney, guardian, or other person authorized to act as a fiduciary with respect to the property of another person.

(7) “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.

(8) “Insolvent” means, solely for purposes of this chapter, that the sum of a person’s debts is greater than all of the person’s assets at fair valuation and that the person is generally not paying his or her debts as they become due. For purposes of this subsection, the term “assets” has the same meaning as that provided in s. 726.102.

(9) “Jointly held property” means property held in the names of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. Jointly held property does not include property held as tenants by the entirety.

(10) “Person” includes individuals, ascertained and unascertained, living or not living, whether entitled to an interest by right of intestacy or otherwise; a government, governmental subdivision, agency, or instrumentality; and a public corporation.

(11) “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment.

(12) “Trust” means: (a) An express trust (including an honorary trust or a trust under s. 736.0408), charitable or noncharitable, with additions thereto, whenever and however created; and (b) A trust created pursuant to a statute, judgment, or decree which requires the trust be administered in the manner of an express trust. As used in this chapter, the term “trust” does not include a constructive trust or a resulting trust.

History: s. 1, ch. 2005-108; s. 43, ch. 2006-217; s. 13, ch. 2009-115.
Fla. Stat. § 560.124 — Florida Code / Title XXXIII / Chapter 560 / Part I / Section 560.124
560.124 Sharing of information.
Status: in_force

Any person may provide to a money services business, authorized vendor, law enforcement agency, prosecutorial agency, or appropriate regulator, or any money services business, authorized vendor, law enforcement agency, prosecutorial agency, or appropriate regulator may provide to any person, information about any person’s known or suspected involvement in a violation of any state, federal, or foreign law, rule, or regulation relating to the business of a money services business or deferred presentment provider which has been reported to state, federal, or foreign authorities, and is not liable in any civil action for providing such information.

History: s. 1, ch. 94-238; s. 1, ch. 94-354; s. 19, ch. 2008-177; s. 68, ch. 2009-21.
Fla. Stat. § 736.0412 — Florida Code / Title XLII / Chapter 736 / Part IV / Section 736.0412
736.0412 Nonjudicial modification of irrevocable trust.
Status: in_force

(1) After the settlor’s death, a trust may be modified at any time as provided in s. 736.04113(2) upon the unanimous agreement of the trustee and all qualified beneficiaries.

(2) Modification of a trust as authorized in this section is not prohibited by a spendthrift clause or by a provision in the trust instrument that prohibits amendment or revocation of the trust.

(3) An agreement to modify a trust under this section is binding on a beneficiary whose interest is represented by another person under part III of this code.

(4) This section shall not apply to: (a) Any trust created prior to January 1, 2001. (b) Any trust created after December 31, 2000, if, under the terms of the trust, all beneficial interests in the trust must vest or terminate within the period prescribed by the rule against perpetuities in s. 689.225(2), notwithstanding s. 689.225(2)(f) and (g), unless the terms of the trust expressly authorize nonjudicial modification. (c) Any trust for which a charitable deduction is allowed or allowable under the Internal Revenue Code until the termination of all charitable interests in the trust.

(5) For purposes of subsection (4), a revocable trust shall be treated as created when the right of revocation terminates.

(6) The provisions of this section are in addition to, and not in derogation of, rights under the common law to modify, amend, terminate, or revoke trusts.

History: s. 4, ch. 2006-217; s. 7, ch. 2022-96.
Fla. Stat. § 27.366 — Florida Code / Title V / Chapter 27 / Part II / Section 27.366
27.366 Legislative intent and policy in cases meeting criteria of s. 775.087(2) and (3).
Status: in_force

It is the intent of the Legislature that convicted criminal offenders who meet the criteria in s. 775.087(2) and (3) be sentenced to the minimum mandatory prison terms provided therein. It is the intent of the Legislature to establish zero tolerance of criminals who use, threaten to use, or avail themselves of firearms in order to commit crimes and thereby demonstrate their lack of value for human life. It is also the intent of the Legislature that prosecutors should appropriately exercise their discretion in those cases in which the offenders’ possession of the firearm is incidental to the commission of a crime and not used in furtherance of the crime, used in order to commit the crime, or used in preparation to commit the crime. For every case in which the offender meets the criteria in this act and does not receive the mandatory minimum prison sentence, the state attorney must explain the sentencing deviation in writing and place such explanation in the case file maintained by the state attorney.

History: s. 2, ch. 99-12; s. 1, ch. 2011-200; s. 4, ch. 2015-2; s. 3, ch. 2016-7.
Fla. Stat. § 64.203 — Florida Code / Title VI / Chapter 64 / Part II / Section 64.203
64.203 Applicability; relation to other law.
Status: in_force

(1) This part applies to partition actions filed on or after July 1, 2020.

(2) Provided that a partition action is otherwise available under part I of this chapter, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this part unless all of the cotenants otherwise agree in a record.

(3) This part supplements part I of this chapter and, if an action is governed by this part, replaces provisions of part I of this chapter that are inconsistent with this part.

History: s. 2, ch. 2020-55.
Fla. Stat. § 457.118 — Florida Code / Title XXXII / Chapter 457 / Section 457.118
457.118 Effect of chapter on other health care practices.
Status: in_force

This chapter shall not be construed to expand or limit the scope of practice authorized for any health care professional licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 466, chapter 474, or chapter 486, as such scope of practice is defined by statute or rule.

History: ss. 1, 2, ch. 80-375; s. 335, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 4, 6, ch. 82-172; ss. 11, 13, 14, ch. 86-265; s. 57, ch. 91-137; s. 4, ch. 91-156; s. 4, ch. 91-429.
Fla. Stat. § 443.011 — Florida Code / Title XXXI / Chapter 443 / Section 443.011
443.011 Short title.
Status: in_force

This chapter may be cited as the “Reemployment Assistance Program Law.”

History: s. 2, ch. 18402, 1937; CGL 1940 Supp. 4151(488); ss. 1, 8, 9, ch. 80-95; s. 13, ch. 2003-36; s. 1, ch. 2012-30.
Fla. Stat. § 709.2111 — Florida Code / Title XL / Chapter 709 / Part II / Section 709.2111
709.2111 Co-agents and successor agents.
Status: in_force

(1) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently.

(2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. Unless the power of attorney otherwise provides, a successor agent: (a) Has the same authority as that granted to the original agent; and (b) May not act until the predecessor agents have resigned, have died, have become incapacitated, are no longer qualified to serve, or have declined to serve.

(3) Except as otherwise provided in the power of attorney and subsection (4), an agent who does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions or omissions of the other agent.

(4) An agent who has actual knowledge of a breach or imminent breach of fiduciary duty by another agent, including a predecessor agent, must take any action reasonably appropriate in the circumstances to safeguard the principal’s best interests. If the agent in good faith believes that the principal is not incapacitated, giving notice to the principal is a sufficient action. An agent who fails to take action as required by this subsection is liable to the principal for the principal’s reasonably foreseeable damages that could have been avoided if the agent had taken such action.

(5) A successor agent does not have a duty to review the conduct or decisions of a predecessor agent. Except as provided in subsection (4), a successor agent does not have a duty to institute any proceeding against a predecessor agent, or to file any claim against a predecessor agent’s estate, for any of the predecessor agent’s actions or omissions as agent.

(6) If a power of attorney requires that two or more persons act together as co-agents, notwithstanding the requirement that they act together, one or more of the agents may delegate to a co-agent the authority to conduct banking transactions as provided in s. 709.2208(1), whether the authority to conduct banking transactions is specifically enumerated or incorporated by reference to that section in the power of attorney.

History: s. 13, ch. 2011-210.
Fla. Stat. § 213.29 — Florida Code / Title XIV / Chapter 213 / Section 213.29
213.29 Failure to collect and pay over tax or attempt to evade or defeat tax.
Status: in_force

Any person who is required to collect, truthfully account for, and pay over any tax enumerated in chapter 201, chapter 206, or chapter 212 and who willfully fails to collect such tax or truthfully account for and pay over such tax or willfully attempts in any manner to evade or defeat such tax or the payment thereof; or any officer or director of a corporation who has administrative control over the collection and payment of such tax and who willfully directs any employee of the corporation to fail to collect or pay over, evade, defeat, or truthfully account for such tax shall, in addition to other penalties provided by law, be liable to a penalty equal to twice the total amount of the tax evaded or not accounted for or paid over. The filing of a protest based upon doubt as to liability or collection of a tax shall not be determined to be an attempt to evade tax under this section. The penalty imposed hereunder shall be in addition to any other penalty imposed or that should have been imposed under the revenue laws of this state, but shall be abated to the extent that the tax is paid. Any penalty may be compromised by the executive director of the Department of Revenue as set forth in s. 213.21. An assessment of penalty made pursuant to this section shall be deemed prima facie correct in any judicial or quasi-judicial proceeding brought to collect this penalty.

History: s. 46, ch. 85-342; s. 55, ch. 87-224; s. 104, ch. 90-136; s. 15, ch. 90-351; s. 21, ch. 92-320; s. 123, ch. 95-417.
Fla. Stat. § 662.135 — Florida Code / Title XXXVIII / Chapter 662 / Section 662.135
662.135 Service as court-appointed fiduciary; bond requirement.
Status: in_force

A licensed family trust company is not required to provide or otherwise post a bond or other surety to serve as a court-appointed fiduciary in a proceeding brought or conducted in this state.

History: s. 26, ch. 2014-97.
Fla. Stat. § 684.0011 — Florida Code / Title XXXIX / Chapter 684 / Section 684.0011
684.0011 Number of arbitrators.
Status: in_force

(1) The parties may determine the number of arbitrators.

(2) If the parties fail to determine the number of arbitrators, the number of arbitrators shall be three.

History: s. 12, ch. 2010-60.
Fla. Stat. § 8.05 — Florida Code / Title II / Chapter 8 / Section 8.05
8.05 Members of governmental agencies appointed pursuant to former district boundaries unaffected by new district boundaries.
Status: in_force

A change in the division of the state into congressional districts shall not vacate or otherwise affect the office of any member of a board or council who is serving at the time such change is effected and who was appointed by reference to a congressional district as it existed immediately prior to the effective date of such change. Any such member serving on such date shall continue to represent the congressional district in which the member resides until the expiration of his or her term. A vacancy shall exist in such board or council in any congressional district in which no existing member resides and the same shall be filled as provided by applicable law. If two or more such members reside in a single congressional district as constituted after such change, each shall be entitled to serve until the expiration of his or her term.

History: s. 3, ch. 72-390; s. 7, ch. 82-384; s. 4, ch. 95-147.
Fla. Stat. § 456.014 — Florida Code / Title XXXII / Chapter 456 / Section 456.014
456.014 Public inspection of information required from applicants; exceptions; examination hearing.
Status: in_force

(1) All information required by the department of any applicant shall be a public record and shall be open to public inspection pursuant to s. 119.07, except financial information, medical information, school transcripts, examination questions, answers, papers, grades, and grading keys, which are confidential and exempt from s. 119.07(1) and shall not be discussed with or made accessible to anyone except the program director of an approved program or accredited program as provided in s. 464.019(6), members of the board, the department, and staff thereof, who have a bona fide need to know such information. Any information supplied to the department by any other agency which is exempt from the provisions of chapter 119 or is confidential shall remain exempt or confidential pursuant to applicable law while in the custody of the department or the agency.

(2) The department shall establish by rule the procedure by which an applicant, and the applicant’s attorney, may review examination questions and answers. Examination questions and answers are not subject to discovery but may be introduced into evidence and considered only in camera in any administrative proceeding under chapter 120. If an administrative hearing is held, the department shall provide challenged examination questions and answers to the administrative law judge. The examination questions and answers provided at the hearing are confidential and exempt from s. 119.07(1), unless invalidated by the administrative law judge.

(3) Unless an applicant notifies the department at least 5 days prior to an examination hearing of the applicant’s inability to attend, or unless an applicant can demonstrate an extreme emergency for failing to attend, the department may require an applicant who fails to attend to pay reasonable attorney’s fees, costs, and court costs of the department for the examination hearing.

History: s. 76, ch. 97-261; s. 46, ch. 2000-160; s. 1, ch. 2010-37; s. 5, ch. 2014-92.
Fla. Stat. § 627.94076 — Florida Code / Title XXXVII / Chapter 627 / Part XVIII / Section 627.94076
627.94076 Time limit on certain defenses.
Status: in_force

Notwithstanding the provisions of s. 627.607, each long-term care insurance policy shall provide that the policy shall be incontestable after it has been in force during the lifetime of the insured for a period of 2 years after its date of issue except for nonpayment of premiums.

History: s. 6, ch. 2006-254.
Fla. Stat. § 481.315 — Florida Code / Title XXXII / Chapter 481 / Part II / Section 481.315
481.315 Inactive status.
Status: in_force

(1) A license that has become inactive or delinquent may be reactivated under this section upon application to the department and payment of any applicable biennial renewal or delinquency fee, or both, and a reactivation fee. The board may not require a licensee to complete more than one renewal cycle of continuing education requirements.

(2) The board shall adopt rules relating to application procedures for inactive status and for the reactivation of inactive licenses.

History: ss. 9, 18, ch. 79-407; s. 358, ch. 81-259; ss. 2, 3, ch. 81-318; s. 113, ch. 83-329; ss. 9, 18, 19, ch. 88-347; s. 4, ch. 91-429; s. 239, ch. 94-119; s. 30, ch. 2012-61.
Fla. Stat. § 663.407 — Florida Code / Title XXXVIII / Chapter 663 / Part III / Section 663.407
663.407 Capital requirements.
Status: in_force

(1) For an international trust entity to qualify for a license under this part, the proposed capitalization of the international trust entity must be in such amount as the office determines is necessary, taking into consideration the risk profile of the international trust entity and the ability of the international trust entity to operate a licensed office in a safe and sound manner. In making this determination, the office shall consider the financial resources of the international trust entity, including: (a) The international trust entity’s current and projected capital position, profitability, level of indebtedness, business and strategic plans, and off-balance sheet asset management and administration activities; (b) The financial condition of any of the international trust entity’s existing offices located in the United States; (c) The minimum capital requirements of the international trust entity’s home-country jurisdiction; and (d) The capital ratio standards used in the United States and in the international trust entity’s home-country jurisdiction.

(2) The proposed capitalization of the international trust entity must be in such amount as the office deems adequate, but in no case may the total capital accounts of the international trust entity be less than $1 million.

(3) The office may specify such other conditions as it determines are appropriate, considering the public interest and the need to maintain a safe, sound, and competitive financial marketplace in this state.

(4) For purposes of this part, the capital accounts of and capital ratio standards for an international trust entity must be determined in accordance with rules adopted by the commission. In adopting such rules, the commission shall consider similar rules adopted by regulatory agencies in the United States and the need to provide reasonably consistent regulatory requirements for international trust entities doing business in this state, as well as capital adequacy standards of an international trust entity’s home-country jurisdiction.

History: s. 28, ch. 2017-83.