FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 350.061 — Florida Code / Title XXVII / Chapter 350 / Section 350.061
350.061 Public Counsel; appointment; oath; restrictions on Public Counsel and his or her employees.
Status: in_force

(1) The committee designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives as the Committee on Public Counsel Oversight shall appoint a Public Counsel to represent the general public of Florida before the Florida Public Service Commission. The Public Counsel shall be an attorney admitted to practice before the Florida Supreme Court, shall be appointed for a term of 4 years, and may be reappointed thereafter, provided that a person appointed as the Public Counsel may not serve more than 12 consecutive years in the position. However, the time served by the Public Counsel before July 1, 2020, may not be considered in applying the limitation on consecutive years of service. The Public Counsel shall be appointed by a majority vote of the committee appointees of each house and may be removed from office by a majority vote of the committee appointees of each house. A person may continue as Public Counsel beyond the 4-year term until his or her successor is appointed and takes office, unless the person is removed by a vote of the committee. The Committee on Public Counsel Oversight shall receive applications, conduct interviews, and appoint a Public Counsel to a 4-year term beginning on March 1, 2021, and every 4 years thereafter. The Public Counsel shall perform his or her duties independently. Vacancies in the office shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

(2) The Public Counsel shall take and subscribe to the oath of office required of state officers by the State Constitution.

(3) No officer or full-time employee of the Public Counsel shall actively engage in any other business or profession; serve as the representative of any political party or on any executive committee or other governing body thereof; serve as an executive, officer, or employee of any political party, committee, organization, or association; receive remuneration for activities on behalf of any candidate for public office; or engage on behalf of any candidate for public office in the solicitation of votes or other activities in behalf of such candidacy. Neither the Public Counsel nor any employee of the Public Counsel shall become a candidate for election to public office unless he or she shall first resign from his or her office or employment.

History: s. 1, ch. 74-195; s. 2, ch. 81-318; s. 6, ch. 87-50; s. 535, ch. 95-148; s. 6, ch. 2005-132; s. 35, ch. 2008-227; s. 29, ch. 2011-34; s. 1, ch. 2020-137.
Fla. Stat. § 381.91 — Florida Code / Title XXIX / Chapter 381 / Section 381.91
381.91 Jessie Trice Cancer Prevention Program.
Status: in_force

(1) It is the intent of the Legislature to create a community faith-based disease-prevention program in conjunction with the Health Choice Network and other community health centers to build upon the natural referral and education networks in place within minority communities and to increase access to health service delivery in Florida and establish a funding source to build upon local private participation to sustain the operation of the program.

(2)(a) There is created the Jessie Trice Cancer Prevention Program, to be located, for administrative purposes, within the Department of Health, and operated from the community health centers within the Health Choice Network in Florida. (b) Funding may be provided to develop contracts with community health centers and local community faith-based education programs to provide cancer screening, diagnosis, education, and treatment services to low-income populations throughout the state.

History: s. 31, ch. 2000-367; s. 1, ch. 2004-329; s. 69, ch. 2012-184.
Fla. Stat. § 723.081 — Florida Code / Title XL / Chapter 723 / Section 723.081
723.081 Notice of application for change in zoning.
Status: in_force

The mobile home park owner shall notify in writing each mobile home owner or, if a homeowners’ association has been established, the directors of the association, of any application for a change in zoning of the park within 5 days after the filing for such zoning change with the zoning authority.

History: s. 1, ch. 84-80.
Fla. Stat. § 509.408 — Florida Code / Title XXXIII / Chapter 509 / Part I / Section 509.408
509.408 Prejudgment writ; form; return.
Status: in_force

The prejudgment writ issued under s. 509.406 shall command the officer to whom it may be directed to distrain the described personal property of defendant and hold such property until final judgment is rendered.

History: s. 1, ch. 77-249; ss. 34, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 51, 52, ch. 90-339; s. 4, ch. 91-429.
Fla. Stat. § 489.557 — Florida Code / Title XXXII / Chapter 489 / Part III / Section 489.557
489.557 Fees, establishment.
Status: in_force

(1) The department shall, by rule, establish fees as follows: (a) For septic tank contractor registration: 1. Application and examination fee: not less than $25 or more than $75. 2. Initial registration fee: not less than $50 or more than $100. 3. Renewal of registration fee: not less than $50 or more than $100. (b) For master septic tank contractor registration: 1. Application and examination fee: not less than $25 or more than $75. 2. Initial registration fee: not less than $50 or more than $100. 3. Renewal of registration fee: not less than $50 or more than $100. (c) Certification of partnerships and corporations: not less than $100 or more than $250.

(2) Fees established pursuant to subsection (1) shall be based on the actual costs incurred by the department in carrying out its registration and other related responsibilities under this part.

History: ss. 7, 10, ch. 87-310; s. 4, ch. 91-429; s. 12, ch. 96-303.
Fla. Stat. § 624.45 — Florida Code / Title XXXVII / Chapter 624 / Part III / Section 624.45
624.45 Participation of financial institutions in reinsurance and in insurance exchanges.
Status: in_force

Subject to applicable laws relating to financial institutions and to any other applicable provision of the Florida Insurance Code, any financial institution or aggregation of such institutions may:

(1) Own or control, directly or indirectly, any insurer which is authorized or approved by the office, which insurer transacts only reinsurance in this state and which actively engages in reinsuring risks located in this state.

(2) Participate, directly or indirectly, as an underwriting member or as an investor in an underwriting member of any insurance exchange authorized in accordance with s. 629.401, which underwriting member transacts only aggregate or specific excess insurance over underlying self-insurance coverage for self-insurance organizations authorized under the Florida Insurance Code, for multiple-employer welfare arrangements, or for workers’ compensation self-insurance trusts, in addition to any reinsurance the underwriting member may transact.

Nothing in this section shall be deemed to prohibit a financial institution from engaging in any presently authorized insurance activity.

History: s. 3, ch. 86-160; s. 188, ch. 91-108; s. 4, ch. 91-429; s. 823, ch. 2003-261.
Fla. Stat. § 475.626 — Florida Code / Title XXXII / Chapter 475 / Part II / Section 475.626
475.626 Violations and penalties.
Status: in_force

(1) A person may not: (a) Operate or attempt to operate as a registered trainee appraiser, a licensed or certified appraiser, or an appraisal management company without being the holder of a valid and current registration, license, or certification. (b) If an appraisal management company, commit any conduct or practice set forth in s. 475.6245. (c) Make any false affidavit or affirmation intended for use as evidence by or before the board or any member thereof, or by any of its authorized representatives, nor may any person give false testimony under oath or affirmation to or before the board or any member thereof in any proceeding authorized by this section. (d) Fail or refuse to appear at the time and place designated in a subpoena issued with respect to a violation of this section, unless such failure to appear is the result of facts or circumstances that are sufficient to excuse appearance in response to a subpoena from the circuit court; nor may a person who is present before the board or a member thereof or one of its authorized representatives acting under authority of this section refuse to be sworn or to affirm or fail or refuse to answer fully any question propounded by the board, the member, or such representative, or by any person by the authority of such officer or appointee. (e) Obstruct or hinder in any manner the enforcement of this section or the performance of any lawful duty by any person acting under the authority of this section, or interfere with, intimidate, or offer any bribe to any member of the board or any of its employees or any person who is, or is expected to be, a witness in any investigation or proceeding relating to a violation of this section. (f) Knowingly conceal any information relating to violations of this section.

(2) A person who violates any provision of subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except when a different punishment is prescribed by this section. This section does not prohibit the prosecution under any other criminal statute of this state of any person for an act or conduct prohibited by this section; however, in such cases, the state may prosecute under this section or under such other statute, or may charge both offenses in one prosecution, but the sentence imposed shall not be a greater fine or longer sentence than that prescribed for the offense which carries the more severe penalties. A civil case, a criminal case, or a denial, revocation, or suspension proceeding may arise out of the same alleged state of facts, and the pendency or result of one such case or proceeding shall not stay or control the result of either of the others.

History: ss. 9, 11, ch. 91-89; s. 4, ch. 91-429; s. 392, ch. 97-103; s. 33, ch. 98-250; s. 17, ch. 2003-164; s. 8, ch. 2010-84; s. 21, ch. 2012-61; s. 8, ch. 2017-30.
Fla. Stat. § 578.29 — Florida Code / Title XXXV / Chapter 578 / Section 578.29
578.29 Prohibited noxious weed seed.
Status: in_force

Seeds meeting the definition of prohibited noxious weed seed under s. 578.011 may not be present in agricultural, vegetable, flower, tree, or shrub seed offered or exposed for sale in this state.

History: s. 54, ch. 2018-84.
Fla. Stat. § 106.36 — Florida Code / Title IX / Chapter 106 / Section 106.36
106.36 Penalties; fines.
Status: in_force

In addition to any other penalties which may be applicable under the election code, any candidate who receives contributions from the 1 Election Campaign Financing Trust Fund and who exceeds the applicable expenditure limit, except as authorized in ss. 106.353 and 106.355, or falsely reports qualifying matching contributions and thereby receives contributions from the 1 Election Campaign Financing Trust Fund to which the candidate was not entitled shall be fined an amount equal to three times the amount at issue, which shall be deposited in the 1 Election Campaign Financing Trust Fund.

History: s. 1, ch. 86-276; s. 11, ch. 90-338; s. 25, ch. 91-107; s. 655, ch. 95-147; ss. 1, 6, ch. 2024-116.
Fla. Stat. § 677.507 — Florida Code / Title XXXIX / Chapter 677 / Part V / Section 677.507
677.507 Warranties on negotiation or delivery of document of title.
Status: in_force

If a person negotiates or delivers a document of title for value, otherwise than as a mere intermediary under the next following section, unless otherwise agreed, the transferor, in addition to any warranty made in selling or leasing the goods, warrants to its immediate purchaser only that:

(1) The document is genuine;

(2) The transferor does not have knowledge of any fact that would impair the document’s validity or worth; and

(3) The negotiation or delivery is rightful and fully effective with respect to the title to the document and the goods it represents.

History: s. 1, ch. 65-254; s. 643, ch. 97-102; s. 51, ch. 2010-131.
Fla. Stat. § 1003.4204 — Florida Code / Title XLVIII / Chapter 1003 / Part IV / Section 1003.4204
1003.4204 Safer, Smarter Schools Program.
Status: in_force

As authorized by and consistent with funding appropriated in the General Appropriations Act, the Safer, Smarter Schools Program is created to implement the revised Health Education standards established pursuant to s. 1003.42(2). The program shall provide students and educators with a comprehensive personal safety curriculum that helps students attain the protective principles to remain safe from abuse and exploitation.

History: s. 67, ch. 2022-154.
Fla. Stat. § 526.306 — Florida Code / Title XXXIII / Chapter 526 / Part I / Section 526.306
526.306 Discriminatory allocations unlawful.
Status: in_force

(1) It is unlawful for a supplier engaged in commerce in this state to limit or allocate the quantity of motor fuel available to a reseller purchasing under contract from such supplier because such reseller was prevented by such supplier from purchasing the minimum quantities such reseller was obligated to purchase from such supplier in the immediately preceding year, unless the limitations or allocations are applied in a reasonable and nondiscriminatory manner among all resellers supplied by such supplier under contract in a general trade area and the supplier’s own retail outlets.

(2) It is also unlawful for a supplier to limit or allocate for more than 5 days the quantity of motor fuel available to a reseller purchasing under contract from such supplier, unless the limitations or allocations are applied in a reasonable and nondiscriminatory manner among all resellers supplied by such supplier under contract in a general trade area and the supplier’s own retail outlets.

History: s. 6, ch. 85-74.
Fla. Stat. § 1012.992 — Florida Code / Title XLVIII / Chapter 1012 / Part VI / Section 1012.992
1012.992 Copies of contracts with other states; depository.
Status: in_force

Two copies of all contracts made on behalf of this state pursuant to the agreement set forth in Article IX shall be kept on file in the office of the Commissioner of Education and in the office of the Department of State. The Department of Education shall publish all such contracts in convenient form.

History: s. 794, ch. 2002-387.
Fla. Stat. § 945.21503 — Florida Code / Title XLVII / Chapter 945 / Section 945.21503
945.21503 Federal Grants Trust Fund.
Status: in_force

(1) The Federal Grants Trust Fund is created within the Department of Corrections.

(2) The fund is established for use as a depository for funds to be used for allowable grant activities funded by restricted program revenues. Moneys to be credited to the trust fund shall consist of grants and funding from the Federal Government, interest earnings, and cash advances from other trust funds.

History: s. 1, ch. 2006-20; s. 2, ch. 2009-29.
Fla. Stat. § 206.9941 — Florida Code / Title XIV / Chapter 206 / Part III / Section 206.9941
206.9941 Exemptions.
Status: in_force

(1) The following items shall be exempt from the tax imposed under s. 206.9935(3): American Society for Testing and Materials (ASTM) grades No. 5 and No. 6 residual oils; intermediate fuel oils (IFO) used by the taxpayer for marine bunkering with a viscosity of 30 and higher; asphalt oil; petrochemical feedstocks; and pesticides, ammonia, chlorine, and derivatives thereof.

(2) Petroleum products exported from the first storage facility at which they are held in this state by a licensed terminal supplier, importer, exporter, wholesaler, or producer are exempt from the taxes imposed under s. 206.9935(2) and (3).

(3) Pollutants exported from the manufacturing plant, first storage tank system, or first warehouse at which they are held in this state by a licensed importer or producer are exempt from the tax imposed under s. 206.9935(2).

(4) Solvents consumed in the manufacture or production of a material that is not itself a pollutant, as defined in s. 206.9925, are exempt from the tax imposed by s. 206.9935(2).

(5) Solvents, motor oil, and lubricants are exempt from the taxes imposed by s. 206.9935(1) and (3).

(6) Crude oil produced at a well site subject to regulation under s. 377.22 and exported from that site by the producer exclusively by pipeline, truck, or rail to beyond the jurisdiction of this state without intermediate storage or stoppage shall be exempt from the tax imposed under s. 206.9935(1).

(7) Petroleum products bunkered into marine vessels engaged in interstate or foreign commerce from the first storage facility at which they are held in this state by a licensed terminal supplier, importer, exporter, wholesaler, or producer are exempt from the taxes imposed under s. 206.9935(2) and (3).

History: s. 3, ch. 86-159; s. 67, ch. 87-99; s. 3, ch. 88-393; s. 3, ch. 89-171; s. 15, ch. 92-30; s. 95, ch. 95-417; s. 3, ch. 96-352.
Fla. Stat. § 59.081 — Florida Code / Title VI / Chapter 59 / Section 59.081
59.081 Time for invoking appellate jurisdiction of any court.
Status: in_force

(1) The time within which and the method by which the jurisdiction of any court in this state possessed of power to review the action of any other court, commission, officer or bureau may be invoked by appeal, certiorari, petition for review or other process by whatever name designated, and the manner of computing such time shall be prescribed by rule of the Supreme Court.

(2) Failure to invoke the jurisdiction of any such court within the time prescribed by such rules shall divest such court of jurisdiction to review such cause.

History: ss. 1, 2, 3, ch. 67-175; ss. 29, 30, ch. 69-52; s. 16, ch. 71-355.
Fla. Stat. § 378.407 — Florida Code / Title XXVIII / Chapter 378 / Part III / Section 378.407
378.407 Inspection.
Status: in_force

(1)(a) Any duly authorized representative of the department may at any reasonable time enter and inspect, for the purpose of ascertaining the state of compliance with the law or rules of the department, any property, premises, or place, except a building which is used exclusively for a private residence, on which a reclamation operation is or will be conducted or where records required by this part or rule are kept. (b) Any duly authorized representative of the department may, during normal business hours, have access to and copy any records required under this part and may obtain any other information and samples necessary to determine compliance with the requirements of this part or rules. (c) The duly authorized representative of the department shall comply with all federal, state, and local safety standards.

(2) The owner or operator of the premises shall receive a report setting forth all facts found which relate to compliance status.

(3)(a) Upon completion of reclamation of an area, the operator shall notify the secretary. The secretary may make an inspection of the area, and if he or she finds that reclamation has been properly completed, the secretary shall notify the operator in writing and release him or her from further obligations regarding that land. (b) If upon the receipt of the notification the secretary determines that an inspection will not be conducted within an operating year, the operator shall be released from the reclamation requirements upon the completion of the second operating year.

History: s. 1, ch. 86-294; s. 328, ch. 94-356; s. 1025, ch. 95-148.
Fla. Stat. § 201.0201 — Florida Code / Title XIV / Chapter 201 / Section 201.0201
201.0201 Interpretation of s. 201.02.
Status: in_force

(1) The Legislature finds that the Florida Supreme Court opinion in Crescent Miami Center, LLC v. Florida Department of Revenue , 903 So. 2d 913 (Fla. 2005), interprets s. 201.02 in a manner that permits tax avoidance inconsistent with the intent of the Legislature at the time the statute was amended in 1990.

(2) The Legislature finds that the opinion of the District Court of Appeal for the Third District of Florida in Crescent Miami Center, LLC v. Florida Department of Revenue , 857 So. 2d 904 (Fla. 3d D.C.A. 2003), interprets s. 201.02 in a manner that prevents tax avoidance consistent with the intent of the Legislature at the time the statute was amended in 1990.

(3) The Legislature recognizes that the Supreme Court’s opinion in Crescent is limited to the facts of the case and accepts the court’s interpretation of s. 201.02 that no consideration exists when owners of real property unencumbered by a mortgage convey an interest in such property to an artificial entity whose ownership is identical to the ownership of the real property before conveyance. The Legislature expressly rejects any application of the court’s interpretation where the facts are not comparable to the facts in Crescent . However, because the Supreme Court’s interpretation, combined with other settled law regarding the application of s. 201.02, allows for the tax-free transfer of ownership interests in real property from one owner to another through the use of artificial entities, it is the Legislature’s intent by this act to impose the documentary stamp tax when the beneficial ownership of real property is transferred to a new owner or owners by the use of techniques that apply the Supreme Court’s decision in Crescent in combination with transfers of ownership of, or distributions from, artificial entities.

History: s. 3, ch. 2009-131.
Fla. Stat. § 876.14 — Florida Code / Title XLVI / Chapter 876 / Section 876.14
876.14 Wearing mask, hood, or other device on property of another.
Status: in_force

No person or persons over 16 years of age shall, while wearing a mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, demand entrance or admission or enter or come upon or into the premises, enclosure, or house of any other person in any municipality or county of this state.

History: s. 4, ch. 26542, 1951.
Fla. Stat. § 943.1701 — Florida Code / Title XLVII / Chapter 943 / Section 943.1701
943.1701 Uniform statewide policies and procedures; duty of the commission.
Status: in_force

The commission, with the advice and cooperation of the Department of Children and Families, the Florida Sheriffs Association, the Florida Police Chiefs Association, and other agencies that verify, serve, and enforce injunctions for protection against domestic violence, shall develop by rule uniform statewide policies and procedures to be incorporated into required courses of basic law enforcement training and continuing education. These statewide policies and procedures shall include:

(1) The duties and responsibilities of law enforcement in response to domestic violence calls, enforcement of injunctions, and data collection.

(2) The legal duties imposed on law enforcement officers to make arrests and offer protection and assistance, including guidelines for making felony and misdemeanor arrests.

(3) Techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote safety of the victim.

(4) The dynamics of domestic violence and the magnitude of the problem.

(5) The legal rights of, and remedies available to, victims of domestic violence.

(6) Documentation, report writing, and evidence collection.

(7) Tenancy issues and domestic violence.

(8) The impact of law enforcement intervention in preventing future violence.

(9) Special needs of children at the scene of domestic violence and the subsequent impact on their lives.

(10) The services and facilities available to victims and batterers.

(11) The use and application of sections of the Florida Statutes as they relate to domestic violence situations.

(12) Verification, enforcement, and service of injunctions for protection when the suspect is present and when the suspect has fled.

(13) Emergency assistance to victims and how to assist victims in pursuing criminal justice options.

(14) Working with uncooperative victims, when the officer becomes the complainant.

History: s. 10, ch. 91-210; s. 7, ch. 95-408; s. 14, ch. 2020-6.