FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 718.702 — Florida Code / Title XL / Chapter 718 / Part VII / Section 718.702
718.702 Legislative intent.
Status: in_force

(1) The Legislature acknowledges the massive downturn in the condominium market which has occurred throughout the state and the impact of such downturn on developers, lenders, unit owners, and condominium associations. Numerous condominium projects have failed or are in the process of failing such that the condominium has a small percentage of third-party unit owners as compared to the unsold inventory of units. As a result of the inability to find purchasers for this inventory of units, which results in part from the devaluing of real estate in this state, developers are unable to satisfy the requirements of their lenders, leading to defaults on mortgages. Consequently, lenders are faced with the task of finding a solution to the problem in order to receive payment for their investments.

(2) The Legislature recognizes that all of the factors listed in this section lead to condominiums becoming distressed, resulting in detriment to the unit owners and the condominium association due to the resulting shortage of assessment moneys available for proper maintenance of the condominium. Such shortage and the resulting lack of proper maintenance further erodes property values. The Legislature finds that individuals and entities within this state and in other states have expressed interest in purchasing unsold inventory in one or more condominium projects, but are reticent to do so because of accompanying liabilities inherited from the original developer, which are by definition imputed to the successor purchaser, including a foreclosing mortgagee. This results in the potential successor purchaser having unknown and unquantifiable risks that the potential purchaser is unwilling to accept. As a result, condominium projects stagnate, leaving all parties involved at an impasse and without the ability to find a solution.

(3) The Legislature declares that it is the public policy of this state to protect the interests of developers, lenders, unit owners, and condominium associations with regard to distressed condominiums, and that there is a need for relief from certain provisions of the Florida Condominium Act geared toward enabling economic opportunities for successor purchasers, including foreclosing mortgagees. Such relief would benefit existing unit owners and condominium associations. The Legislature further finds and declares that this situation cannot be open-ended without potentially prejudicing the rights of unit owners and condominium associations, and thereby declares that the provisions of this part may be used by purchasers of condominium inventory for only a specific and defined period.

History: s. 18, ch. 2010-174.
Fla. Stat. § 520.57 — Florida Code / Title XXXIII / Chapter 520 / Part IV / Section 520.57
520.57 Penalties.
Status: in_force

(1) Any person who willfully and intentionally violates any provision of s. 520.995 or engages in the business of a sales finance company without obtaining a license is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) In the case of a willful violation of this part with respect to a retail installment transaction, the buyer may recover from the person committing such violation, or may set off or counterclaim in any action against the buyer by such person, an amount equal to any finance charge and any fees charged to the buyer by reason of delinquency, plus attorney’s fees and costs incurred by the buyer to assert rights under this part.

History: s. 8, ch. 63-244; s. 493, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 80-256; s. 2, ch. 81-318; s. 15, ch. 87-91; ss. 17, 35, 36, ch. 90-103; s. 4, ch. 91-429.
Fla. Stat. § 171.046 — Florida Code / Title XII / Chapter 171 / Part I / Section 171.046
171.046 Annexation of enclaves.
Status: in_force

(1) The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the state to eliminate enclaves.

(2) In order to expedite the annexation of enclaves of 110 acres or less into the most appropriate incorporated jurisdiction, based upon existing or proposed service provision arrangements, a municipality may: (a) Annex an enclave by interlocal agreement with the county having jurisdiction of the enclave; or (b) Annex an enclave with fewer than 25 registered voters by municipal ordinance when the annexation is approved in a referendum by at least 60 percent of the registered voters who reside in the enclave.

(3) This section does not apply to undeveloped or unimproved real property.

History: s. 18, ch. 93-206; s. 5, ch. 2016-148.
Fla. Stat. § 320.698 — Florida Code / Title XXIII / Chapter 320 / Section 320.698
320.698 Civil fines; procedure.
Status: in_force

In addition to the exercise of other powers under ss. 320.60-320.70, the department is authorized to assess, impose, levy, and collect by legal process civil fines against licensees as follows:

(1) The department may fine any licensee who refuses to furnish all information required under s. 320.63, furnishes erroneous information, or fails to notify the department of any revisions or changes in information as they occur a sum not exceeding $1,000, and such fine may be levied for each and every such violation.

(2) The department may fine any licensee a sum not exceeding $5,000 when such licensee, or an agent or employee thereof, is adjudged by the department to be guilty of a violation of s. 320.64, and the fine may be levied for each and every such violation.

(3) Any licensee shall be entitled to a hearing pursuant to chapter 120 should said licensee wish to contest the fine levied, or about to be levied, upon the licensee.

(4) The department may waive or suspend any fine authorized hereunder upon a showing of good cause by the licensee for failure to comply with ss. 320.60-320.70.

History: s. 18, ch. 70-424; s. 1, ch. 70-439; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 20, ch. 78-95; ss. 16, 17, ch. 80-217; ss. 2, 3, ch. 81-318; ss. 20, 21, ch. 88-395; s. 4, ch. 91-429; s. 3, ch. 2017-187.
Fla. Stat. § 497.148 — Florida Code / Title XXXIII / Chapter 497 / Part I / Section 497.148
497.148 Continuing education; monitoring of compliance.
Status: in_force

The department shall establish a system to monitor licensee compliance with applicable training and continuing education requirements and to determine each licensee’s continuing education status. The department is authorized to provide for a phase-in of the compliance monitoring system. The compliance monitoring system may use staff and facilities of the department, or the department may enter into a contract for compliance monitoring services, upon such terms and conditions as the department deems advisable. Such contract may be with another government agency or a private business.

History: s. 18, ch. 2004-301.
Fla. Stat. § 945.36 — Florida Code / Title XLVII / Chapter 945 / Section 945.36
945.36 Law enforcement personnel authorized to conduct drug tests on inmates and releasees.
Status: in_force

(1) Any law enforcement officer, state or county probation officer, employee of the Department of Corrections, or employee of a contracted community correctional center who is certified by the Department of Corrections pursuant to subsection (2) may administer a urine screen drug test to: (a) Persons during incarceration; (b) Persons released as a condition of probation for either a felony or misdemeanor; (c) Persons released as a condition of community control; (d) Persons released as a condition of conditional release; (e) Persons released as a condition of parole; (f) Persons released as a condition of provisional release; (g) Persons released as a condition of pretrial release; or (h) Persons released as a condition of control release.

(2) The Department of Corrections shall develop a procedure for certification of any law enforcement officer, state or county probation officer, employee of the Department of Corrections, or employee of a contracted community correctional center to perform a urine screen drug test on the persons specified in subsection (1).

History: s. 1, ch. 90-205; s. 79, ch. 95-211; s. 6, ch. 2017-31; s. 126, ch. 2018-24.
Fla. Stat. § 655.043 — Florida Code / Title XXXVIII / Chapter 655 / Section 655.043
655.043 Articles of incorporation; amendments; approval.
Status: in_force

A bank, trust company, or association may not amend its articles of incorporation without the written approval of the office.

History: s. 7, ch. 84-216; s. 1, ch. 85-65; s. 2, ch. 85-82; s. 1, ch. 91-307; s. 1, ch. 92-303; s. 4, ch. 93-111; s. 2, ch. 2001-243; s. 1715, ch. 2003-261.
Fla. Stat. § 261.03 — Florida Code / Title XVIII / Chapter 261 / Section 261.03
261.03 Definitions.
Status: in_force

As used in this chapter, the term:

(1) “Advisory committee” means the Off-Highway Vehicle Recreation Advisory Committee created by s. 261.04.

(2) “ATV” means any motorized off-highway or all-terrain vehicle 55 inches or less in width which has a dry weight of 1,500 pounds or less, is designed to travel on three or more nonhighway tires, and is manufactured for recreational use by one or more persons.

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

(4) “OHM” or “off-highway motorcycle” means any motor vehicle used off the roads or highways of this state that has a seat or saddle for the use of the rider and is designed to travel with not more than two wheels in contact with the ground, but excludes a tractor, an electric bicycle, or a moped.

(5) “Off-highway vehicle” means any ATV, two-rider ATV, ROV, or OHM that is used off the roads or highways of this state and that is not registered and licensed for highway use under chapter 320.

(6) “Program” means the Off-Highway Vehicle Recreation Program.

(7) “Public lands” means lands within the state that are available for public use and that are owned, operated, or managed by a federal, state, county, or municipal governmental entity.

(8) “ROV” means any motorized recreational off-highway vehicle 80 inches or less in width which has a dry weight of 3,500 pounds or less, is designed to travel on four or more nonhighway tires, and is manufactured for recreational use by one or more persons. The term does not include a golf cart as defined in ss. 316.003 and 320.01 or a low-speed vehicle as defined in s. 320.01.

(9) “System” means the off-highway vehicle recreation areas and trails on public lands within the state.

(10) “Trust fund” means the Incidental Trust Fund of the Florida Forest Service.

(11) “Two-rider ATV” means any ATV that is specifically designed by the manufacturer for a single operator and one passenger.

History: s. 53, ch. 2002-295; s. 26, ch. 2005-164; s. 1, ch. 2009-137; s. 1, ch. 2010-198; s. 42, ch. 2010-223; s. 66, ch. 2011-206; s. 12, ch. 2012-7; s. 77, ch. 2013-160; s. 1, ch. 2014-187; s. 1, ch. 2019-19; s. 1, ch. 2020-69; s. 1, ch. 2022-93.
Fla. Stat. § 548.064 — Florida Code / Title XXXIII / Chapter 548 / Section 548.064
548.064 Destruction of ticket or ticket stub.
Status: in_force

It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any promoter or person associated with or employed by any promoter to destroy any ticket to a match or any ticket stub, whether sold or unsold, within 6 months after the date of the match, except upon prior written authorization of the commission.

History: ss. 2, 4, ch. 84-246; s. 142, ch. 91-224; s. 4, ch. 91-429.
Fla. Stat. § 943.172 — Florida Code / Title XLVII / Chapter 943 / Section 943.172
943.172 Basic skills training in victims assistance and rights.
Status: in_force

The commission shall establish standards for instruction of law enforcement officers in the subject of victims assistance and rights. Every basic skills course required in order for law enforcement officers, probation officers, and other appropriate correctional staff to obtain initial certification must, after January 1, 1989, include a minimum of 4 hours of training in victims assistance and rights.

History: s. 7, ch. 88-96.
Fla. Stat. § 379.364 — Florida Code / Title XXVIII / Chapter 379 / Part VII / Section 379.364
379.364 License required for fur and hide dealers.
Status: in_force

(1) A person may not engage in the business of a dealer or buyer in green or dried alligator hides or green or dried furs in the state or purchase such hides or furs within the state until the person has been licensed as provided in this section.

(2) A person who solicits business through the mail, or by advertising, or who travels to buy or employs or has other agents or buyers, shall be deemed a dealer.

(3) A resident dealer must pay a license fee of $100 per annum.

(4) A nonresident dealer must pay a license fee of $500 per annum.

(5) A person who violates this section commits a Level Two violation under s. 379.401.

History: s. 61, ch. 13644, 1929; CGL 1936 Supp. 1977(61); s. 581, ch. 95-148; s. 141, ch. 99-245; s. 39, ch. 2000-362; s. 150, ch. 2008-247; s. 8, ch. 2015-161; s. 16, ch. 2016-107.
Fla. Stat. § 17.11 — Florida Code / Title IV / Chapter 17 / Section 17.11
17.11 To report disbursements made.
Status: in_force

(1) The Chief Financial Officer shall make in all his or her future annual reports an exhibit stated from the record of disbursements made during the fiscal year, and the several heads of expenditures under which such disbursements were made.

(2) The Chief Financial Officer shall also cause to have reported from the Florida Accounting Information Resource Subsystem no less than quarterly the disbursements which agencies made to small businesses, as defined in the Florida Small and Minority Business Assistance Act; to certified minority business enterprises in the aggregate; and to certified minority business enterprises broken down into categories of minority persons, as well as gender and nationality subgroups. This information shall be made available to the agencies, the Office of Supplier Diversity, the Governor, the President of the Senate, and the Speaker of the House of Representatives. Each agency shall be responsible for the accuracy of information entered into the Florida Accounting Information Resource Subsystem for use in this reporting.

History: s. 3, ch. 1536, 1866; RS 104; GS 108; RGS 120; CGL 150; s. 5, ch. 83-132; s. 6, ch. 85-104; s. 2, ch. 94-322; s. 1312, ch. 95-147; s. 12, ch. 99-155; s. 7, ch. 2000-286; s. 28, ch. 2003-261; s. 18, ch. 2007-157.
Fla. Stat. § 154.07 — Florida Code / Title XI / Chapter 154 / Part II / Section 154.07
154.07 Public health trusts; creation.
Status: in_force

There may be created in and for each county of the state a public body corporate and politic, to be known as the “public health trust” of such county, for the purpose of exercising the powers described herein with respect to “designated facilities” as that term is hereinafter defined. No trust created hereunder shall transact any business or exercise any powers until the governing body of the county of such trust shall, by proper resolution, declare that there is a need for such trust to function and shall appoint the members thereof.

History: s. 1, ch. 73-102.
Fla. Stat. § 784.047 — Florida Code / Title XLVI / Chapter 784 / Section 784.047
784.047 Penalties for violating protective injunction against violators.
Status: in_force

(1) A person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence, issued pursuant to s. 784.046, or a foreign protection order accorded full faith and credit pursuant to s. 741.315 by: (a) Refusing to vacate the dwelling that the parties share; (b) Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member; (c) Committing an act of repeat violence, sexual violence, or dating violence against the petitioner; (d) Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner; (e) Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party; (f) Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied; (g) Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or (h) Refusing to surrender firearms or ammunition if ordered to do so by the court, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, except as provided in subsection (2).

(2) A person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term “conviction” means a determination of guilt which is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

History: s. 7, ch. 95-195; s. 9, ch. 97-155; s. 22, ch. 2002-55; s. 2, ch. 2004-17; s. 1, ch. 2011-146; s. 2, ch. 2016-187.
Fla. Stat. § 112.326 — Florida Code / Title X / Chapter 112 / Part III / Section 112.326
112.326 Additional requirements by political subdivisions and agencies not prohibited; certain procedures preempted.
Status: in_force

(1) Except as provided in subsection (2), this part does not prohibit the governing body of any political subdivision, by ordinance, or agency, by rule, from imposing upon its own officers and employees additional or more stringent standards of conduct and disclosure requirements than those specified in this part, provided that those standards of conduct and disclosure requirements do not otherwise conflict with the provisions of this part.

(2) If a political subdivision or an agency adopts by ordinance or rule additional or more stringent standards of conduct and disclosure requirements pursuant to subsection (1), any noncriminal complaint procedure must: (a) Require a complaint to be written and signed under oath or affirmation by the person making the complaint. (b) Require a complaint to be based upon personal knowledge or information other than hearsay. (c) Prohibit the initiation of a complaint or investigation by the governing body of the political subdivision, agency, or any entity created to enforce the standards. (d) Include a provision establishing a process for the recovery of costs and attorney fees for public officers, public employees, or candidates for public office against a person found by the governing body of the political subdivision, agency, or entity created to enforce the standards to have filed the complaint with a malicious intent to injure the reputation of such officer, employee, or candidate by filing the complaint with knowledge that the complaint contains one or more false allegations or with reckless disregard for whether the complaint contains false allegations of fact material to a violation.

(3) Any existing or future ordinance or rule adopted by a political subdivision or an agency which is in conflict with subsection (2) is void.

History: s. 5, ch. 75-196; s. 12, ch. 94-277; s. 8, ch. 2024-253.
Fla. Stat. § 736.1006 — Florida Code / Title XLII / Chapter 736 / Part X / Section 736.1006
736.1006 Costs in trust proceedings.
Status: in_force

(1) In all trust proceedings, costs may be awarded as in chancery actions.

(2) If costs are to be paid from the trust under subsection (1) or s. 733.106(4)(a), the court, in its discretion, may direct from what part of the trust the costs shall be paid. All or any part of the costs to be paid from the trust may be assessed against one or more persons’ part of the trust in such proportions as the court finds to be just and proper. In the exercise of its discretion, the court may consider the factors set forth in s. 736.1005(2).

History: s. 10, ch. 2006-217; s. 8, ch. 2015-27.
Fla. Stat. § 425.24 — Florida Code / Title XXX / Chapter 425 / Section 425.24
425.24 Recordation of mortgages.
Status: in_force

Any mortgage, deed of trust, or other instrument executed by a cooperative or foreign corporation transacting business in this state pursuant to this chapter, which, by its terms, creates a lien upon real and personal property then owned or after-acquired, and which is recorded as a mortgage of real property in any county in which such property is located or is to be located shall have the same force and effect as if the mortgage, deed of trust or other instrument were also recorded or filed in the proper office of such county as a mortgage on personal property. Recordation of any such mortgage, deed of trust or other instrument shall cause the lien thereof to attach to all after-acquired property of the mortgagor of the nature therein described as being mortgaged or pledged thereby immediately upon the acquisition of such property by the mortgagor, and such lien shall be superior to all claims of creditors of the mortgagor and purchasers of such property and to all other liens, except liens of prior record and tax liens, affecting such property.

History: s. 23, ch. 19138, 1939; CGL 1940 Supp. 6494(66).
Fla. Stat. § 287.15 — Florida Code / Title XIX / Chapter 287 / Part II / Section 287.15
287.15 Purchase or lease of motor vehicles, watercraft, or aircraft; prior approval of the Department of Management Services.
Status: in_force

No state agency shall purchase, lease, or acquire any motor vehicle, watercraft, or aircraft of any type unless prior approval is first obtained from the Department of Management Services. However, nothing herein shall prohibit the lease for casual use of motor vehicles, or remove the requirement that all purchases be in compliance with the rules and regulations of the Department of Management Services.

History: s. 22, ch. 69-106; s. 260, ch. 92-279; s. 55, ch. 92-326; s. 88, ch. 98-279.
Fla. Stat. § 709.2118 — Florida Code / Title XL / Chapter 709 / Part II / Section 709.2118
709.2118 Agent’s resignation.
Status: in_force

Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal, to the guardian if the principal is incapacitated and one has been appointed for the principal, and to any co-agent, or if none, the next successor agent.

History: s. 20, ch. 2011-210.
Fla. Stat. § 738.404 — Florida Code / Title XLII / Chapter 738 / Section 738.404
738.404 Principal receipts.
Status: in_force

A fiduciary shall allocate to principal:

(1) To the extent not allocated to income under this chapter, an asset received from any of the following: (a) An individual during the individual’s lifetime. (b) An estate. (c) A trust on termination of an income interest. (d) A payor under a contract naming the fiduciary as beneficiary.

(2) Except as otherwise provided in ss. 738.401-738.416, money or other property received from the sale, exchange, liquidation, or change in the form of a principal asset.

(3) An amount recovered from a third party to reimburse the fiduciary because of a disbursement described in s. 738.502(1) or for another reason to the extent not based on the loss of income.

(4) Proceeds of property taken by eminent domain except that proceeds awarded for loss of income in an accounting period are income if a current income beneficiary had a mandatory income interest during the period.

(5) Net income received in an accounting period during which there is no beneficiary to which a fiduciary may or must distribute income.

(6) Other receipts as provided in ss. 738.408-738.416.

History: s. 23, ch. 2024-216.