FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 538.28 — Florida Code / Title XXXIII / Chapter 538 / Part II / Section 538.28
538.28 Local government regulation.
Status: in_force

(1) The regulation of purchase transactions involving regulated metals property is preempted to the state. Except as provided in subsection (2), an ordinance or regulation adopted by a county or municipality relating to the purchase or sale of regulated metals property or the registration or licensure of secondary metals recyclers is void.

(2) This part does not preempt an ordinance or regulation originally enacted by a county or municipality before March 1, 2012. Such ordinance or regulation may subsequently be amended to incorporate any provision of this part.

(3) This section does not apply to a county as defined in s. 125.011(1) until July 1, 2013.

History: s. 9, ch. 2012-179.
Fla. Stat. § 298.78 — Florida Code / Title XXI / Chapter 298 / Section 298.78
298.78 Lien; release.
Status: in_force

Any landowner shall have right at any time within 90 days after the date of said decree, or at any time thereafter with consent of holders of not less than 95 percent of bonds, to obtain a full release of his or her lands from the lien and liability of the assessment by the payment of an amount to be stated in the decree, which shall include the proportionate amount of the indebtedness chargeable against said piece or parcel of land, together with an additional amount estimated to be required to pay the bonds by reason of the failure of other pieces or parcels to pay the indebtedness so charged against them, said amounts to be approved by holders of not less than 95 percent of bonds.

History: s. 2, ch. 22103, 1943; s. 275, ch. 95-148.
Fla. Stat. § 684.0001 — Florida Code / Title XXXIX / Chapter 684 / Section 684.0001
684.0001 Short title.
Status: in_force

This chapter may be cited as the “Florida International Commercial Arbitration Act.”

History: s. 2, ch. 2010-60.
Fla. Stat. § 210.51 — Florida Code / Title XIV / Chapter 210 / Part II / Section 210.51
210.51 Renewal of permit.
Status: in_force

(1) A permit may be renewed after its expiration only by filing with the division a delinquent application for approval and upon payment of a penalty of $20 for each month or part of a month of such delinquency. A permit not renewed within 60 days after its expiration date shall be canceled by the division unless the permit is involved in litigation. However, the division may allow a permittee to renew a permit after the 60-day period for good and sufficient cause.

(2) Any fee or penalty collected under the provisions of this section shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund.

History: ss. 2, 3, ch. 91-131; s. 5, ch. 2000-323.
Fla. Stat. § 397.581 — Florida Code / Title XXIX / Chapter 397 / Part III / Section 397.581
397.581 Unlawful activities relating to assessment and treatment; penalties.
Status: in_force

(1) A person may not knowingly and willfully: (a) Furnish false information for the purpose of obtaining emergency or other involuntary admission of another person. (b) Cause or otherwise secure, or conspire with or assist another to cause or secure, any emergency or other involuntary procedure of another person under false pretenses. (c) Cause, or conspire with or assist another to cause, without lawful justification, the denial to any person of any right accorded pursuant to this chapter.

(2) A person who violates subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 and by a fine not exceeding $5,000.

History: s. 4, ch. 93-39; s. 26, ch. 2009-132; s. 25, ch. 2024-245.
Fla. Stat. § 366.10 — Florida Code / Title XXVII / Chapter 366 / Section 366.10
366.10 Judicial review.
Status: in_force

As authorized by s. 3(b)(2), Art. V of the State Constitution, the Supreme Court shall review, upon petition, any action of the commission relating to rates or service of utilities providing electric or gas service.

History: s. 10, ch. 26545, 1951; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 11, 16, ch. 80-35; s. 2, ch. 81-318; ss. 20, 22, ch. 89-292; s. 4, ch. 91-429.
Fla. Stat. § 83.001 — Florida Code / Title VI / Chapter 83 / Part I / Section 83.001
83.001 Application.
Status: in_force

This part applies to nonresidential tenancies and all tenancies not governed by part II of this chapter.

History: s. 1, ch. 73-330.
Fla. Stat. § 624.303 — Florida Code / Title XXXVII / Chapter 624 / Part II / Section 624.303
624.303 Seal; certified copies as evidence.
Status: in_force

(1) The department, commission, and office shall each have an official seal by which its respective proceedings are authenticated.

(2) All certificates executed by the department or office, other than licenses of agents, or adjusters or similar licenses or permits, shall bear its respective seal.

(3) Any written instrument purporting to be a copy of any action, proceeding, or finding of fact by the department, commission, or office or any record of the department, commission, or office or copy of any document on file in its office when authenticated under hand of the respective agency head or his or her designee by the seal shall be accepted by all the courts of this state as prima facie evidence of its contents.

History: s. 18, ch. 59-205; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 16, 37, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 70, ch. 2003-1; s. 760, ch. 2003-261; s. 12, ch. 2003-267; s. 5, ch. 2003-281.
Fla. Stat. § 784.0493 — Florida Code / Title XLVI / Chapter 784 / Section 784.0493
784.0493 Harassment or intimidation based on religious or ethnic heritage.
Status: in_force

(1) As used in this section, the terms “credible threat” and “harass” have the same meaning as in s. 784.048(1).

(2) A person may not willfully and maliciously harass or intimidate another person based on the person’s wearing or displaying of any indicia relating to any religious or ethnic heritage.

(3) A person who violates subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4) A person who violates subsection (2), and in the course of committing the violation makes a credible threat to the person who is the subject of the harassment or intimidation, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) A violation of this section is considered a hate crime for purposes of the reporting requirements of s. 877.19.

History: s. 2, ch. 2023-24.
Fla. Stat. § 250.49 — Florida Code / Title XVII / Chapter 250 / Part I / Section 250.49
250.49 Annual encampment.
Status: in_force

Subject to the restrictions of federal law, the Governor may annually order into service the whole or any portion of the Florida National Guard. The period of such service shall be fixed by the Governor. When ordered onto state active duty and if rations are not furnished by the United States Government, the state must furnish rations for the officers and enlisted personnel of the same quality as the rations furnished by the regular army and must pay the expenses of the encampment as the Governor considers proper, including the travel expenses of officers and enlisted personnel incurred in obeying such orders when such expenses are not paid by the Government of the United States.

History: s. 37, ch. 8502, 1921; CGL 2049; s. 1, ch. 25112, 1949; s. 10, ch. 91-139; s. 47, ch. 2003-68.
Fla. Stat. § 1011.501 — Florida Code / Title XLVIII / Chapter 1011 / Part I / Section 1011.501
1011.501 Assent to ss. 1444 and 1445 of the Food and Agriculture Act of 1977; board of trustees authorized to receive grants, etc.
Status: in_force

The assent of Legislature is given to the provisions and requirements of ss. 1444 and 1445 of the Act of Congress commonly known as the “Food and Agriculture Act of 1977” and all acts supplemental thereto. The Board of Trustees of the Florida Agricultural and Mechanical University may receive grants of money appropriated under said sections of said act and may organize and conduct agricultural extension work and conduct agricultural research, which shall be carried on in connection with the College of Engineering Sciences, Technology and Agriculture of said Florida Agricultural and Mechanical University, in accordance with the terms and conditions expressed in the Act of Congress aforesaid.

History: s. 645, ch. 2002-387.
Fla. Stat. § 624.09 — Florida Code / Title XXXVII / Chapter 624 / Part I / Section 624.09
624.09 “Authorized,” “unauthorized” insurer defined.
Status: in_force

(1) An “authorized” insurer is one duly authorized by a subsisting certificate of authority issued by the office to transact insurance in this state.

(2) An “unauthorized” insurer is one not so authorized.

History: s. 9, ch. 59-205; s. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 15, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 753, ch. 2003-261.
Fla. Stat. § 872.01 — Florida Code / Title XLVI / Chapter 872 / Section 872.01
872.01 Dealing in dead bodies.
Status: in_force

Whoever buys, sells, or has in his or her possession for the purpose of buying or selling or trafficking in the dead body of any human being shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; provided, however, that nothing contained in this section shall be construed to prohibit the obtaining, dissecting, using, and disposing of dead bodies for the purpose of teaching or other appropriate university research by any medical school, dental school, school of nursing, or other university research or teaching unit which is a part of a regularly established or chartered institution of higher learning under the laws of the state.

History: s. 26, ch. 1637, 1868; RS 2625; GS 3545; RGS 5446; CGL 7589; s. 1, ch. 22057, 1943; s. 1, ch. 26724, 1951; s. 1133, ch. 71-136; s. 1407, ch. 97-102.
Fla. Stat. § 468.8416 — Florida Code / Title XXXII / Chapter 468 / Part XVI / Section 468.8416
468.8416 Continuing education.
Status: in_force

(1) The department may not renew a license until the licensee submits proof satisfactory to it that during the 2 years prior to his or her application for renewal the licensee has completed at least 14 hours of continuing education. Criteria and course content shall be approved by the department by rule.

(2) The department may prescribe by rule additional continuing professional education hours, not to exceed 25 percent of the total hours required, for failure to complete the hours required for renewal by the end of the renewal period.

History: s. 3, ch. 2007-235.
Fla. Stat. § 373.085 — Florida Code / Title XXVIII / Chapter 373 / Part I / Section 373.085
373.085 Use of works or land by other districts or private persons.
Status: in_force

(1)(a) In order to promote water quantity and water resource development, projects that improve flood control, and conservation of lands, the district and other governmental agencies shall encourage public-private partnerships by collaborating, when possible, with those partnerships when procuring materials for infrastructure and restoration work projects, consistent with district and state procurement procedures. (b) The governing board has authority to prescribe the manner in which local works provided by other districts or by private persons will connect with and make use of the works or land of the district, to issue permits therefor, and to cancel the permits for noncompliance with the conditions thereof or for other cause. It is unlawful to connect with or make use of the works or land of the district without consent in writing from its governing board, and the board has authority to prevent or, if done, estop or terminate the same. The use of the works or land of the district for access is governed by this section and is not subject to the provisions of s. 704.01. However, any land or works of the district which have historically been used for public access to the ocean by means of the North New River Canal and its tributaries may not be closed for this purpose unless the district can demonstrate that significant harm to the resource would result from such public use.

(2) Damage resulting from unlawful use of such works, or from violations of the conditions of permit issued by the board shall, if made by other than a public agency, be subject to such penalty as is or may be prescribed by law and in addition thereto by a date and in a manner prescribed by the board, repair of said damage to the satisfaction of said board, or deposit with said board a sum sufficient therefor, and if by a public agency, then at the expense of such agency the repair of said damage to the satisfaction of the board or the deposit with said board of a sum sufficient therefor.

History: s. 17, ch. 25209, 1949; s. 25, ch. 73-190; s. 1, ch. 82-46; s. 7, ch. 84-341; s. 25, ch. 88-242; ss. 1, 2, ch. 89-279; ss. 11, 12, ch. 90-217; s. 53, ch. 2010-205.
Fla. Stat. § 641.20185 — Florida Code / Title XXXVII / Chapter 641 / Part I / Section 641.20185
641.20185 High-deductible contracts for medical savings accounts.
Status: in_force

Notwithstanding the provisions of this part and part III related to the requirement for providing comprehensive coverage, a health maintenance organization may offer a high-deductible contract to employers that establish medical savings accounts, as defined in s. 220(d) of the Internal Revenue Code.

History: s. 22, ch. 97-179; s. 52, ch. 99-3.
Fla. Stat. § 1001.281 — Florida Code / Title XLVIII / Chapter 1001 / Part I / Section 1001.281
1001.281 Operating Trust Fund.
Status: in_force

(1) The Operating Trust Fund, FLAIR number 48-2-510, is created within the Department of Education.

(2) The fund is established for use as a depository for funds to be used for program operations funded by program revenues. Moneys to be credited to the trust fund include, but are not limited to, revenues received from the payment of fees associated with high school equivalency examinations.

(3) Notwithstanding s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purpose of the trust fund.

History: s. 1, ch. 2007-20; s. 2, ch. 2011-23; s. 5, ch. 2013-45.
Fla. Stat. § 63.063 — Florida Code / Title VI / Chapter 63 / Section 63.063
63.063 Responsibility of parents for actions; fraud or misrepresentation; contesting termination of parental rights and adoption.
Status: in_force

(1) Each parent of a child conceived or born outside of marriage is responsible for his or her actions and is not excused from strict compliance with this chapter based upon any action, statement, or omission of the other parent or a third party, except as provided in s. 63.062(2)(a).

(2) Any person injured by a fraudulent representation or action in connection with an adoption may pursue civil or criminal penalties as provided by law. A fraudulent representation is not a defense to compliance with the requirements of this chapter and is not a basis for dismissing a petition for termination of parental rights or a petition for adoption, for vacating an adoption decree, or for granting custody to the offended party. Custody and adoption determinations must be based on the best interests of the child in accordance with s. 61.13.

(3) The Legislature finds no way to remove all risk of fraud or misrepresentation in adoption proceedings and has provided a method for absolute protection of an unmarried biological father’s rights through compliance with this chapter. In balancing the rights and interests of the state and of all parties affected by fraud, including the child, the adoptive parents, and the unmarried biological father, the Legislature has determined that the unmarried biological father is in the best position to prevent or ameliorate the effects of fraud and, therefore, has the burden of preventing fraud.

(4) The Legislature finds that an unmarried biological father who resides in another state may not, in every circumstance, be reasonably presumed to know and comply with the requirements of this chapter. Therefore, if all of the following requirements have been met, an unmarried biological father may contest a termination of parental rights or subsequent adoption and, before entry of the final judgment of adoption, assert his interest in the child. Following such assertion, the court may proceed with an evidentiary hearing if: (a) The unmarried biological father resides and has resided in another state where the unmarried mother was also located or resided. (b) The unmarried mother left that state without notifying or informing the unmarried biological father that she could be located in this state. (c) The unmarried biological father has, through every reasonable means, attempted to locate the mother but does not know or have reason to know that the mother is residing in this state. (d) The unmarried biological father has substantially complied with the requirements of the state where the mother previously resided or was located in order to protect and preserve his parental interest and rights with regard to the child.

History: s. 13, ch. 2003-58; s. 9, ch. 2008-151; s. 12, ch. 2012-81.
Fla. Stat. § 468.8313 — Florida Code / Title XXXII / Chapter 468 / Part XV / Section 468.8313
468.8313 Examinations.
Status: in_force

(1) A person desiring to be licensed as a home inspector must apply to the department after he or she satisfies the examination requirements of this part.

(2) An applicant may practice in this state as a home inspector if he or she passes the required examination, is of good moral character, and completes a course of study of at least 120 hours that covers all of the following components of a home: structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions that affect the structure.

(3) The department shall review and approve courses of study in home inspection.

(4) The department may review and approve examinations by a nationally recognized entity that offers programs or sets standards that ensure competence as a home inspector.

(5)(a) “Good moral character” means a personal history of honesty, fairness, and respect for the rights of others and for the laws of this state and nation. (b) The department may refuse to certify an applicant for failure to satisfy this requirement only if: 1. There is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a licensed home inspector; and 2. The finding by the department of lack of good moral character is supported by clear and convincing evidence. (c) When an applicant is found to be unqualified for a license because of lack of good moral character, the department shall furnish the applicant a statement containing the findings of the department, a complete record of the evidence upon which the determination was based, and a notice of the rights of the applicant to a rehearing and appeal.

(6) An applicant for a license shall submit, together with the application, a complete set of electronic fingerprints to the department. The department shall submit the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward them to the Federal Bureau of Investigation for national processing, to determine whether the applicant has a criminal history record. The department shall review the background results to determine if an applicant meets licensure requirements. The applicant is responsible for the costs associated with processing the fingerprints. The authorized agencies or vendors shall collect such fees and pay for the processing costs due to the Department of Law Enforcement.

(7) The department may adopt rules to implement this section.

History: s. 2, ch. 2007-235; s. 18, ch. 2010-106; s. 10, ch. 2010-176.
Fla. Stat. § 817.45 — Florida Code / Title XLVI / Chapter 817 / Part I / Section 817.45
817.45 Penalty.
Status: in_force

Any person convicted of violating any of the provisions of s. 817.41, s. 817.411, or s. 817.44 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Upon a second or subsequent conviction for violation of s. 817.41, s. 817.411, or s. 817.44, such person is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine not exceeding $10,000, or by both.

History: s. 6, ch. 59-301; s. 872, ch. 71-136; s. 179, ch. 79-164; s. 1, ch. 89-68.
Fla. Stat. § 849.31 — Florida Code / Title XLVI / Chapter 849 / Section 849.31
849.31 Loser’s testimony not to be used against her or him.
Status: in_force

In the event that suit is brought under the authorization of ss. 849.26-849.34 by someone other than the loser of the money or thing of value involved in the suit, such loser shall not be excused from being required to attend and testify or produce any book, paper or other document or evidence in such suit, upon the ground or for the reason that the testimony or evidence required of the loser may tend to convict her or him of a crime or to subject her or him to a penalty or forfeiture, but the loser shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which she or he may so be required to testify or produce evidence, and no testimony so given or produced shall be received against the loser upon any criminal investigation or prosecution. If the loser of money or thing of value involved in a suit brought under authorization of ss. 849.26-849.34, whether by her or him or by someone else, voluntarily attends or produces evidence in such suit, the loser shall not be prosecuted or subjected to any penalty for or on account of any transaction, matter or thing concerning which she or he may so testify or produce evidence, and no testimony so given or produced shall be received against her or him upon any criminal investigation or prosecution. Also, neither the fact of the bringing of suit under this act by a loser nor any statement or admission in her or his pleadings which is material and relevant to the subject matter of the suit shall be received against the loser upon any criminal investigation or proceeding.

History: s. 6, ch. 26543, 1951; s. 1375, ch. 97-102.
Fla. Stat. § 186.803 — Florida Code / Title XIII / Chapter 186 / Section 186.803
186.803 Use of geographic information by governmental entities.
Status: in_force

When state agencies, water management districts, regional planning councils, local governments, and other governmental entities use maps, including geographic information maps and other graphic information materials, as the source of data for planning or any other purposes, they must take into account that the accuracy and reliability of such maps and data may be limited by various factors, including the scale of the maps, the timeliness and accuracy of the underlying information, the availability of more accurate site-specific information, and the presence or absence of ground truthing or peer review of the underlying information contained in such maps and other graphic information. This section does not apply to maps adopted pursuant to part II of chapter 163.

History: s. 9, ch. 96-416.
Fla. Stat. § 163.3235 — Florida Code / Title XI / Chapter 163 / Part II / Section 163.3235
163.3235 Periodic review of a development agreement.
Status: in_force

A local government shall review land subject to a development agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. If the local government finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the local government.

History: s. 27, ch. 86-191; s. 12, ch. 92-129; s. 25, ch. 2011-139.