FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 733.104 — Florida Code / Title XLII / Chapter 733 / Part I / Section 733.104
733.104 Suspension of statutes of limitation in favor of the personal representative.
Status: in_force

(1) If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the cause of action survives, the action may be commenced by that person’s personal representative before the later of the expiration of the time limited for the commencement of the action or 12 months after the decedent’s death.

(2) If a person against whom a cause of action exists dies before the expiration of the time limited for commencement of the action and the cause of action survives, if a claim is timely filed, the expiration of the time limited for commencement of the action shall not apply.

History: s. 1, ch. 74-106; s. 48, ch. 75-220; s. 1, ch. 77-174; s. 982, ch. 97-102; s. 80, ch. 2001-226.
Fla. Stat. § 409.031 — Florida Code / Title XXX / Chapter 409 / Part I / Section 409.031
409.031 State agency for administering social service funds.
Status: in_force

The department is designated as the state agency responsible for the administration of social service funds under Title XX of the Social Security Act.

History: s. 1, ch. 78-433.
Fla. Stat. § 634.438 — Florida Code / Title XXXVII / Chapter 634 / Part III / Section 634.438
634.438 Prohibited practices; hearings; procedure; service of process.
Status: in_force

(1) Whenever the department or office has reason to believe that any person has engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice as defined in s. 634.436, or is engaging in the business of service warranty without being properly licensed as required by this part, and that a proceeding by the department or office in respect thereto would be in the interest of the public, the department or office shall conduct or cause to have conducted a hearing in accordance with chapter 120.

(2) The department or office, a duly empowered hearing officer, or an administrative law judge shall, during the conduct of such hearing, have those powers enumerated in s. 120.569; however, the penalty for failure to comply with a subpoena or with an order directing discovery is limited to a fine not to exceed $1,000 per violation.

(3) A statement of charges, notice, or order under this part may be served by anyone duly authorized by the department or office, either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy thereof to the person affected by such statement, notice, order, or other process at her or his or its residence or principal office or place of business. The verified return by the person so serving such statement, notice, order, or other process, setting forth the manner of the service, is proof of the same; and the return postcard receipt for such statement, notice, order, or other process, certified and mailed as provided in this subsection, is proof of service of the same.

History: ss. 30, 38, ch. 83-322; s. 20, ch. 93-195; s. 283, ch. 96-410; s. 1750, ch. 97-102; s. 1510, ch. 2003-261.
Fla. Stat. § 945.041 — Florida Code / Title XLVII / Chapter 945 / Section 945.041
945.041 Reports.
Status: in_force

The department shall publish on its website and make available to the public the following information, updated on a quarterly basis:

(1) Inmate admissions by offense type. Burglary of dwelling offenses under s. 810.02(2) and (3)(a) and (b) shall be reported as a separate category from all other property crimes.

(2) The recidivism rate. As used in this subsection, the term “recidivism” means an inmate’s rearrest, reconviction, reincarceration, or probation revocation in the state within a 3-year time period following the inmate’s release from incarceration.

History: s. 8, ch. 2018-127.
Fla. Stat. § 331.302 — Florida Code / Title XXV / Chapter 331 / Part II / Section 331.302
331.302 Space Florida; creation; purpose.
Status: in_force

(1) There is established, formed, and created Space Florida, which is created as an independent special district, a body politic and corporate, and a subdivision of the state, to foster the growth and development of a sustainable and world-leading aerospace industry in this state. Space Florida shall promote aerospace business development by facilitating business financing, spaceport operations, research and development, workforce development, and innovative education programs. Space Florida has all the powers, rights, privileges, and authority as provided under the laws of this state.

(2) In carrying out its duties and responsibilities, Space Florida shall advise, coordinate, cooperate, and, when necessary, enter into memoranda of agreement with municipalities, counties, regional authorities, state agencies and organizations, appropriate federal agencies and organizations, and other interested persons and groups.

(3) Space Florida may not endorse any candidate for any elected public office or contribute money to the campaign of any candidate for public office.

(4) Space Florida is not an agency as defined in ss. 216.011 and 287.012.

(5) Space Florida is subject to applicable provisions of chapter 189, including, but not limited to, s. 189.051. To the extent that any provisions of chapter 189 conflict with this act, this act shall prevail.

History: ss. 2, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 1, ch. 91-265; s. 11, ch. 2002-183; s. 3, ch. 2006-60; s. 1, ch. 2020-105.
Fla. Stat. § 63.042 — Florida Code / Title VI / Chapter 63 / Section 63.042
63.042 Who may be adopted; who may adopt.
Status: in_force

(1) Any person, a minor or an adult, may be adopted.

(2) The following persons may adopt: (a) A husband and wife jointly; (b) An unmarried adult; or (c) A married person without the other spouse joining as a petitioner, if the person to be adopted is not his or her spouse, and if: 1. The other spouse is a parent of the person to be adopted and consents to the adoption; or 2. The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for good cause shown or in the best interest of the child.

(3) No person eligible under this section shall be prohibited from adopting solely because such person possesses a physical disability or handicap, unless it is determined by the court or adoption entity that such disability or handicap renders such person incapable of serving as an effective parent.

(4) No person eligible under this section shall be prohibited from adopting solely because he or she desires to educate the adopted child at home.

History: s. 4, ch. 73-159; s. 1, ch. 77-140; s. 1, ch. 80-194; s. 4, ch. 92-96; s. 336, ch. 95-147; s. 4, ch. 2003-58; s. 2, ch. 2015-130.
Fla. Stat. § 732.217 — Florida Code / Title XLII / Chapter 732 / Part II / Section 732.217
732.217 Application.
Status: in_force

Sections 732.216-732.228 apply to the disposition at death of the following property acquired by a married person:

(1) Personal property, except personal property held as tenants by the entirety, wherever located, which: (a) Was acquired as, or became and remained, community property under the laws of another jurisdiction; (b) Was acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, community property; or (c) Is traceable to that community property.

(2) Real property, except real property held as tenants by the entirety and homestead property, which is located in this state, and which: (a) Was acquired with the rents, issues, or income of, the proceeds from, or in exchange for, property acquired as, or which became and remained, community property under the laws of another jurisdiction; or (b) Is traceable to that community property.

History: s. 5, ch. 92-200; s. 4, ch. 2003-154; s. 2, ch. 2024-238.
Fla. Stat. § 636.214 — Florida Code / Title XXXVII / Chapter 636 / Part II / Section 636.214
636.214 Provider agreements.
Status: in_force

(1) All providers offering medical services to members under a discount plan must provide such services pursuant to a written agreement. The agreement may be entered into directly by the provider or by a provider network to which the provider belongs.

(2) A provider agreement between a discount plan organization and a provider must provide the following: (a) A list of the services and products to be provided at a discount. (b) The amount or amounts of the discounts or, alternatively, a fee schedule which reflects the provider’s discounted rates. (c) A statement that the provider will not charge members more than the discounted rates.

(3) A provider agreement between a discount plan organization and a provider network must require that the provider network have written agreements with its providers which: (a) Contain the terms described in subsection (2). (b) Authorize the provider network to contract with the discount plan organization on behalf of the provider. (c) Require the network to maintain an up-to-date list of its contracted providers and to provide that list on a monthly basis to the discount plan organization.

(4) The discount plan organization shall maintain a copy of each active provider agreement into which it has entered.

History: s. 31, ch. 2004-297; s. 9, ch. 2005-232; s. 8, ch. 2017-112.
Fla. Stat. § 213.26 — Florida Code / Title XIV / Chapter 213 / Section 213.26
213.26 Contracts with county tax collectors.
Status: in_force

(1) The Department of Revenue may enter into contracts with county tax collectors for the purpose of collecting delinquent taxes, penalties, and interest, including taxes for which the department has generated a bill or notice. The department shall execute a contract with the tax collector in the manner provided in chapter 287. Before commencing litigation to recover a delinquent tax, penalty, or interest, the tax collector must provide the taxpayer, or the taxpayer’s authorized representative, with at least 30 days’ notice.

(2) The executive director of the Department of Revenue shall determine, and the contract must provide, the manner in which the tax collector shall be compensated for collection services. The department may add the tax collector’s compensation to the amount of the delinquent tax, penalty, or interest, and the tax collector shall collect that amount as a part of the delinquent tax, or the department may deduct the tax collector’s compensation from the amount of the delinquent tax, penalty, or interest which is collected.

(3) The tax collector shall remit to the department all funds collected, less the amount of compensation provided for in the contract, within 7 business days after the end of the week in which the delinquent tax, penalty, or interest is collected. The tax collector shall remit funds to the department by electronic transfer and use the forms prescribed by the department.

(4) As provided in s. 195.084, the department may share confidential information with the tax collector for the purpose of collecting delinquent taxes, penalties, and interest, including taxes for which the department has generated a bill or notice. The tax collector is bound by the same requirements of confidentiality as the Department of Revenue with respect to confidential information. A breach of confidentiality is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History: s. 2, ch. 96-299.
Fla. Stat. § 736.1104 — Florida Code / Title XLII / Chapter 736 / Part XI / Section 736.1104
736.1104 Person not entitled to receive property or other benefits by reason of victim’s death.
Status: in_force

(1) A beneficiary of a trust who unlawfully and intentionally kills or unlawfully and intentionally participates in procuring the death of the settlor or another person on whose death such beneficiary’s interest depends, is not entitled to any trust interest, including homestead, dependent on the victim’s death, and such interest shall devolve as though the killer had predeceased the victim.

(2) A final judgment of conviction of murder in any degree is conclusive for the purposes of this section. In the absence of a murder conviction in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section.

(3) A beneficiary of a trust who was convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against a settlor or another person on whose death such beneficiary’s interest depends is not entitled to any trust interest, including a homestead dependent on the victim’s death, and such interest shall devolve as though the abuser, neglector, exploiter, or killer had predeceased the victim. (a) A final judgment of conviction for abuse, neglect, exploitation, or aggravated manslaughter of the decedent or other person creates a rebuttable presumption that this section applies. (b) In the absence of a qualifying conviction, the court may determine by the greater weight of the evidence whether the decedent’s or other person’s death was caused by or contributed to by the abuser’s, neglector’s, exploiter’s, or killer’s conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2) for purposes of this section. (c) This subsection does not apply if it can be proven by clear and convincing evidence that, after the conviction of abuse, neglect, or exploitation, the victim of the offense, if capacitated, ratifies an intent that the person so convicted of abuse, neglect, or exploitation retain a trust interest by executing a valid written instrument, sworn to and witnessed by two persons who would be competent as witnesses to a will, which expresses a specific intent to allow the convicted person to retain a trust interest.

History: s. 11, ch. 2006-217; s. 4, ch. 2021-221.
Fla. Stat. § 617.0843 — Florida Code / Title XXXVI / Chapter 617 / Section 617.0843
617.0843 Contract rights of officers.
Status: in_force

(1) The appointment of an officer does not itself create contract rights.

(2) An officer’s removal does not affect the officer’s contract rights, if any, with the corporation. An officer’s resignation does not affect the corporation’s contract rights, if any, with the officer.

History: s. 61, ch. 90-179.
Fla. Stat. § 766.318 — Florida Code / Title XLV / Chapter 766 / Section 766.318
766.318 Civil liability for provision of sex-reassignment prescriptions or procedures to minors.
Status: in_force

(1) A cause of action exists to recover damages for personal injury or death resulting from the provision of sex-reassignment prescriptions or procedures, as defined in s. 456.001, to a person younger than 18 years of age which are prohibited by s. 456.52(1).

(2) The limitations on punitive damages in s. 768.73(1) do not apply to actions brought under this section.

(3) An action brought under this section: (a) May be commenced within 20 years after the cessation or completion of the sex-reassignment prescription or procedure. (b) Is in addition to any other remedy authorized by law.

(4) The cause of action created by this section does not apply to: (a) Treatment with sex-reassignment prescriptions if such treatment is consistent with s. 456.001(9)(a)1. or 2. and was commenced on or before, and is still active on, May 17, 2023. (b) Sex-reassignment prescriptions or procedures that were ceased or completed on or before May 17, 2023.

History: ss. 7, 9, ch. 2023-90.
Fla. Stat. § 171.207 — Florida Code / Title XII / Chapter 171 / Part II / Section 171.207
171.207 Transfer of powers.
Status: in_force

This part is an alternative provision otherwise provided by law, as authorized in s. 4, Art. VIII of the State Constitution, for any transfer of power resulting from an interlocal service boundary agreement for the provision of services or the acquisition of public facilities entered into by a county, municipality, independent special district, or other entity created pursuant to law.

History: s. 1, ch. 2006-218.
Fla. Stat. § 548.032 — Florida Code / Title XXXIII / Chapter 548 / Section 548.032
548.032 Permit for program of matches.
Status: in_force

In addition to a promoter’s license, a promoter must procure a permit for each program of matches before presenting that program. Each application for a permit shall specify the location and time of the program.

History: ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.
Fla. Stat. § 92.23 — Florida Code / Title VII / Chapter 92 / Section 92.23
92.23 Rule of evidence in suits on fire policies for loss or damage to building.
Status: in_force

In all suits or proceedings brought upon policies of insurance on buildings against loss or damage by fire, hereafter issued or renewed, the insurer shall not be permitted to deny that the property insured was worth, at the time of insuring it by the policy, the full sum insured therein on such property.

History: s. 2, ch. 4677, 1899; GS 1528; RGS 2728; CGL 4399.
Fla. Stat. § 633.326 — Florida Code / Title XXXVII / Chapter 633 / Part III / Section 633.326
633.326 Certificate effective statewide; not transferable.
Status: in_force

When a certificateholder desires to engage in contracting in any area of the state, as a prerequisite therefor she or he shall only be required to exhibit to the local building official, tax collector, or other person in charge of the issuance of licenses and building permits in the area, evidence of holding a current certificate, accompanied by the fee for the occupational license and building permit required of other persons. It is a violation of this chapter for a certificateholder to sell or otherwise transfer her or his certificate to another person.

History: s. 9, ch. 75-240; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 8, ch. 78-141; s. 2, ch. 81-318; s. 16, ch. 84-243; ss. 1, 2, ch. 85-128; s. 4, ch. 91-429; s. 445, ch. 97-102; s. 44, ch. 2013-183.
Fla. Stat. § 83.62 — Florida Code / Title VI / Chapter 83 / Part II / Section 83.62
83.62 Restoration of possession to landlord.
Status: in_force

(1) In an action for possession, after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put the landlord in possession after 24 hours’ notice conspicuously posted on the premises. Saturdays, Sundays, and legal holidays do not stay the 24-hour notice period.

(2) At the time the sheriff executes the writ of possession or at any time thereafter, the landlord or the landlord’s agent may remove any personal property found on the premises to or near the property line. Subsequent to executing the writ of possession, the landlord may request the sheriff to stand by to keep the peace while the landlord changes the locks and removes the personal property from the premises. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the sheriff. Neither the sheriff nor the landlord or the landlord’s agent shall be liable to the tenant or any other party for the loss, destruction, or damage to the property after it has been removed.

History: s. 2, ch. 73-330; s. 3, ch. 82-66; s. 5, ch. 88-379; s. 8, ch. 94-170; s. 1375, ch. 95-147; s. 2, ch. 96-146; s. 13, ch. 2013-136.
Fla. Stat. § 823.01 — Florida Code / Title XLVI / Chapter 823 / Section 823.01
823.01 Nuisances; penalty.
Status: in_force

All nuisances that tend to annoy the community, injure the health of the citizens in general, or corrupt the public morals are misdemeanors of the second degree, punishable as provided in s. 775.083, except that a violation of s. 823.10 is a felony of the third degree.

History: s. 47, Feb. 10, 1832; RS 2704; GS 3680; RGS 5624; CGL 7817; s. 932, ch. 71-136; s. 32, ch. 73-334; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 41, ch. 75-298; s. 18, ch. 83-214; s. 3, ch. 2001-57.
Fla. Stat. § 116.07 — Florida Code / Title X / Chapter 116 / Section 116.07
116.07 Account books to be kept by sheriffs and clerks.
Status: in_force

All sheriffs and clerks of the circuit court and ex officio clerks of the boards of county commissioners of this state shall keep books of account and of record in accordance with s. 218.33.

History: s. 1, ch. 5176, 1903; GS 814; RGS 410; CGL 475; s. 8, ch. 69-82; s. 32, ch. 2001-266.
Fla. Stat. § 674.503 — Florida Code / Title XXXIX / Chapter 674 / Part V / Section 674.503
674.503 Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.
Status: in_force

Unless otherwise instructed and except as provided in chapter 675, a bank presenting a documentary draft:

(1) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than 3 days after presentment; otherwise, only on payment; and

(2) Upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or, if the presenting bank does not choose to utilize the referee’s services, it must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor, and must request instructions.

However, the presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for those expenses.

History: s. 1, ch. 65-254; s. 47, ch. 92-82.
Fla. Stat. § 394.4595 — Florida Code / Title XXIX / Chapter 394 / Part I / Section 394.4595
394.4595 Florida statewide and local advocacy councils; access to patients and records.
Status: in_force

Any facility designated by the department as a receiving or treatment facility must allow access to any patient and the clinical and legal records of any patient admitted pursuant to the provisions of this act by members of the Florida statewide and local advocacy councils.

History: s. 8, ch. 96-169; s. 10, ch. 2000-263.
Fla. Stat. § 514.025 — Florida Code / Title XXXIII / Chapter 514 / Section 514.025
514.025 Assignment of authority to county health departments.
Status: in_force

(1) The department shall assign to county health departments that are staffed with qualified engineering personnel the functions of reviewing applications and plans for the construction, development, or modification of public swimming pools or bathing places; of conducting inspections; and of issuing all permits. If the county health department determines that qualified staff are not available, the department shall be responsible for such functions.

(2) County health departments are responsible for routine surveillance of water quality in all public swimming pools and bathing places, including routine inspections, complaint investigations, enforcement procedures, and operating permits.

(3) The department may assign the responsibilities and functions specified in this section to any multicounty independent special district created by the Legislature to perform multiple functions, to include municipal services and improvements, to the same extent and under the same conditions as provided in subsections (1) and (2), upon request of the special district.

History: s. 7, ch. 78-356; s. 2, ch. 81-318; ss. 3, 13, 14, ch. 85-173; s. 66, ch. 87-225; s. 4, ch. 91-429; s. 151, ch. 97-101; s. 2, ch. 2009-231; s. 106, ch. 2012-184.