FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 39.501 — Florida Code / Title V / Chapter 39 / Part V / Section 39.501
39.501 Petition for dependency.
Status: in_force

(1) All proceedings seeking an adjudication that a child is dependent shall be initiated by the filing of a petition by an attorney for the department, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.

(2) The purpose of a petition seeking the adjudication of a child as a dependent child is the protection of the child and not the punishment of the person creating the condition of dependency.

(3)(a) The petition shall be in writing, shall identify and list all parents, if known, and all current legal custodians of the child, and shall be signed by the petitioner under oath stating the petitioner’s good faith in filing the petition. When the petition is filed by the department, it shall be signed by an attorney for the department. (b) The form of the petition and its contents shall be determined by rules of juvenile procedure adopted by the Supreme Court. (c) The petition must specifically set forth the acts or omissions upon which the petition is based and the identity of the person or persons alleged to have committed the acts or omissions, if known. The petition need not contain allegations of acts or omissions by both parents. (d) The petitioner must state in the petition, if known, whether: 1. A parent or legal custodian named in the petition has previously unsuccessfully participated in voluntary services offered by the department; 2. A parent or legal custodian named in the petition has participated in mediation and whether a mediation agreement exists; 3. A parent or legal custodian has rejected the voluntary services offered by the department; 4. A parent or legal custodian named in the petition has not fully complied with a safety plan; or 5. The department has determined that voluntary services are not appropriate for the parent or legal custodian and the reasons for such determination. If the department is the petitioner, it shall provide all safety plans as defined in s. 39.01 involving the parent or legal custodian to the court.

(4) When a child has been placed in shelter status by order of the court, a petition alleging dependency must be filed within 21 days after the shelter hearing, or within 7 days after any party files a demand for the early filing of a dependency petition, whichever comes first. In all other cases, the petition must be filed within a reasonable time after the date the child was referred to protective investigation. The child’s parent or legal custodian must be served with a copy of the petition at least 72 hours before the arraignment hearing.

(5) A petition for termination of parental rights may be filed at any time.

History: s. 20, ch. 78-414; s. 7, ch. 84-311; s. 1, ch. 85-338; s. 7, ch. 87-289; s. 14, ch. 88-337; s. 6, ch. 90-306; s. 5, ch. 92-170; s. 8, ch. 94-164; s. 62, ch. 98-403; s. 25, ch. 99-193; s. 13, ch. 2014-224.
Fla. Stat. § 570.01 — Florida Code / Title XXXV / Chapter 570 / Part I / Section 570.01
570.01 Department created; commissioner.
Status: in_force

There is hereby created a department of the government of this state to be known as the “Department of Agriculture and Consumer Services.” The affairs of the department shall be transacted under the control of the Commissioner of Agriculture.

History: s. 1, ch. 59-54; ss. 14, 35, ch. 69-106.
Fla. Stat. § 607.193 — Florida Code / Title XXXVI / Chapter 607 / Part I / Section 607.193
607.193 Supplemental corporate fee.
Status: in_force

(1) In addition to any other taxes imposed by law, an annual supplemental corporate fee of $88.75 is imposed on each business entity that is authorized to transact business in this state and is required to file an annual report with the Department of State under s. 605.0212, s. 607.1622, or s. 620.1210.

(2)(a) The business entity shall remit the supplemental corporate fee to the Department of State at the time it files the annual report required by s. 605.0212, s. 607.1622, or s. 620.1210. (b) In addition to the fees levied under ss. 605.0213, 607.0122, and 620.1109 and the supplemental corporate fee, a late charge of $400 shall be imposed if the supplemental corporate fee is remitted after May 1 except in circumstances in which a business entity was administratively dissolved or its certificate of authority was revoked due to its failure to file an annual report and the entity subsequently applied for reinstatement and paid the applicable reinstatement fee.

History: s. 24, ch. 92-319; s. 43, ch. 93-281; ss. 6, 7, ch. 96-212; s. 4, ch. 2001-195; s. 13, ch. 2003-401; s. 7, ch. 2006-111; s. 132, ch. 2007-5; s. 1, ch. 2010-164; s. 92, ch. 2013-18; ss. 10, 11, ch. 2013-180; s. 19, ch. 2024-265.
Fla. Stat. § 388.211 — Florida Code / Title XXIX / Chapter 388 / Section 388.211
388.211 Change in district boundaries.
Status: in_force

The boundaries of each district may only be changed by a special act of the Legislature.

History: s. 2, ch. 59-195; s. 1, ch. 63-236; s. 3, ch. 71-323; s. 11, ch. 80-281; s. 11, ch. 2024-136.
Fla. Stat. § 121.571 — Florida Code / Title X / Chapter 121 / Part II / Section 121.571
121.571 Contributions.
Status: in_force

Contributions to the Florida Retirement System Investment Plan shall be made as follows:

(1) CONTRIBUTORY PLAN. — Each employer and employee shall submit contributions as required by s. 121.71.

(2) CONTRIBUTION RATES GENERALLY. — Contributions to fund the retirement, disability, and line-of-duty death benefits provided under this part must be based on the uniform contribution rates established by s. 121.71 and on the membership class or subclass of the member. Such contributions must be allocated as provided in ss. 121.72, 121.73, and 121.735.

(3) CONTRIBUTIONS FOR SOCIAL SECURITY COVERAGE AND FOR RETIREE HEALTH INSURANCE SUBSIDY. — Contributions required under s. 121.71 are in addition to employer and member contributions for social security and the Retiree Health Insurance Subsidy Trust Fund as required under ss. 112.363, 121.052, 121.055, and 121.071, as appropriate.

History: s. 3, ch. 2000-169; s. 17, ch. 2001-262; s. 7, ch. 2002-177; s. 29, ch. 2011-68; s. 2, ch. 2016-213.
Fla. Stat. § 476.178 — Florida Code / Title XXXII / Chapter 476 / Section 476.178
476.178 Schools of barbering; licensure.
Status: in_force

No private school of barbering shall be permitted to operate without a license issued by the Commission for Independent Education pursuant to chapter 1005. However, this section shall not be construed to prevent certification by the Department of Education of barber training programs within the public school system or to prevent government operation of any other program of barbering in this state.

History: ss. 12, 20, ch. 85-297; s. 32, ch. 89-344; s. 4, ch. 91-429; s. 37, ch. 98-421; s. 1020, ch. 2002-387.
Fla. Stat. § 382.017 — Florida Code / Title XXIX / Chapter 382 / Section 382.017
382.017 Foreign births.
Status: in_force

(1) Upon request, the department shall prepare and register a certificate of foreign birth for an adoptee born in a foreign country who is not a citizen of the United States and whose judgment of adoption was entered by a court of competent jurisdiction of this state. The certificate shall be established upon receipt of the report or certified copy of the adoption decree, proof of the date and place of the adoptee’s birth, and a request that the certificate be prepared from the court, the adopting parents, or the adoptee if of legal age. The certificate shall be labeled “Certificate of Foreign Birth” and shall show the true country and date of birth of the adoptee, and must include a statement that the certificate is not evidence of United States citizenship. After registering the certificate of foreign birth in the new name of the adoptee, the department shall place the adoption report or decree under seal, not to be broken except pursuant to court order.

(2) If the adoptee was born in a foreign country but was a citizen of the United States at the time of birth, the department shall not prepare a certificate of foreign birth but shall notify the adoptive parents, or the adoptee if of legal age, of the procedure for obtaining a revised birth certificate through the United States Department of State.

History: s. 1, ch. 79-17; s. 1, ch. 80-166; s. 15, ch. 87-387; s. 100, ch. 97-237.
Fla. Stat. § 212.1834 — Florida Code / Title XIV / Chapter 212 / Section 212.1834
212.1834 Credit for contributions to eligible charitable organizations.
Status: in_force

Beginning January 1, 2022, there is allowed a credit of 100 percent of an eligible contribution made to an eligible charitable organization under s. 402.62 against any tax imposed by the state and due under this chapter from a direct pay permitholder as a result of the direct pay permit held pursuant to s. 212.183. For purposes of the dealer’s credit granted for keeping prescribed records, filing timely tax returns, and properly accounting and remitting taxes under s. 212.12, the amount of tax due used to calculate the credit shall include any eligible contribution made to an eligible charitable organization from a direct pay permitholder. For purposes of the distributions of tax revenue under s. 212.20, the department shall disregard any tax credits allowed under this section to ensure that any reduction in tax revenue received which is attributable to the tax credits results only in a reduction in distributions to the General Revenue Fund. Section 402.62 applies to the credit authorized by this section. A dealer who claims a tax credit under this section must file his or her tax returns and pay his or her taxes by electronic means under s. 213.755.

History: s. 24, ch. 2021-31.
Fla. Stat. § 616.263 — Florida Code / Title XXXVI / Chapter 616 / Part III / Section 616.263
616.263 Annual reports of authority.
Status: in_force

(1) The authority shall submit each year, at least 60 days prior to the convening of the Legislature in regular session, a comprehensive report to the Commissioner of Agriculture outlining the progress and the activities of the authority, including all land bought, leased, acquired, sold, mortgaged, or conveyed, and all buildings and improvements erected, in the preceding 12 months and, as ascertainable, purchases, leases, acquisitions, sales, mortgages, and conveyances of land, and buildings and improvements, proposed for the subsequent 12 months in the year preceding that session. The Commissioner of Agriculture shall transmit the report to the Legislature, together with a plan for oversight of the authority, including, but not limited to, program review, goal setting, objectives to be achieved, strategies, and any recommendations for legislation.

(2) The authority shall at all times maintain proper accounting systems and procedures and shall be subject to audit by the Auditor General.

History: ss. 15, 16, ch. 74-322; s. 2, ch. 81-318; ss. 25, 26, ch. 83-239; ss. 38, 44, ch. 93-168; s. 7, ch. 95-220; s. 16, ch. 95-317; s. 125, ch. 2001-266.
Fla. Stat. § 874.045 — Florida Code / Title XLVI / Chapter 874 / Section 874.045
874.045 Arrest and prosecution under other provisions.
Status: in_force

Nothing in this chapter shall prohibit the arrest and prosecution of a criminal gang member under chapter 876, chapter 895, chapter 896, s. 893.20, or any other applicable provision of law except to the extent otherwise prohibited pursuant to a statutory or constitutional provision.

History: s. 9, ch. 2008-238.
Fla. Stat. § 943.1726 — Florida Code / Title XLVII / Chapter 943 / Section 943.1726
943.1726 Continued employment training relating to diabetic emergencies.
Status: in_force

The department shall establish an online continued employment training component relating to diabetic emergencies. The training component shall include, but need not be limited to, instruction on the recognition of symptoms of such an emergency, distinguishing such an emergency from alcohol intoxication or drug overdose, and appropriate first aid for such an emergency. Completion of the training component may count toward the 40 hours of instruction for continued employment or appointment as a law enforcement officer required under s. 943.135.

History: s. 2, ch. 2015-168.
Fla. Stat. § 429.31 — Florida Code / Title XXX / Chapter 429 / Part I / Section 429.31
429.31 Closing of facility; notice; penalty.
Status: in_force

(1) In addition to the requirements of part II of chapter 408, the facility shall inform, in writing, the agency and each resident or the next of kin, legal representative, or agency acting on each resident’s behalf, of the fact and the proposed time of discontinuance of operation, following the notification requirements provided in s. 429.28(1)(k). In the event a resident has no person to represent him or her, the facility shall be responsible for referral to an appropriate social service agency for placement.

(2) Immediately upon the notice by the agency of the voluntary or involuntary termination of such operation, the agency shall inform the State Long-Term Care Ombudsman Program and monitor the transfer of residents to other facilities and ensure that residents’ rights are being protected. The agency, in consultation with the Department of Children and Families, shall specify procedures for ensuring that all residents who receive services are appropriately relocated.

(3) All charges shall be prorated as of the date on which the facility discontinues operation, and if any payments have been made in advance, the payments for services not received shall be refunded to the resident or the resident’s guardian within 10 working days of voluntary or involuntary closure of the facility, whether or not such refund is requested by the resident or guardian.

(4) The agency may levy a fine in an amount no greater than $5,000 upon each person or business entity that owns any interest in a facility that terminates operation without providing notice to the agency and the residents of the facility at least 30 days before operation ceases. This fine shall not be levied against any facility involuntarily closed at the initiation of the agency. The agency shall use the proceeds of the fines to operate the facility until all residents of the facility are relocated.

History: s. 13, ch. 75-233; ss. 12, 25, ch. 80-198; s. 2, ch. 81-318; ss. 57, 79, 83, ch. 83-181; s. 20, ch. 91-263; ss. 25, 38, 39, ch. 93-216; s. 780, ch. 95-148; s. 50, ch. 95-418; s. 123, ch. 99-8; ss. 2, 54, ch. 2006-197; s. 154, ch. 2007-230; s. 249, ch. 2014-19; s. 16, ch. 2019-11; s. 10, ch. 2020-68.
Fla. Stat. § 48.121 — Florida Code / Title VI / Chapter 48 / Section 48.121
48.121 Service on the state.
Status: in_force

When the state has consented to be sued, process against the state shall be served on the state attorney or an assistant state attorney for the judicial circuit within which the action is brought and by sending two copies of the process by registered or certified mail to the Attorney General. The state may serve motions or pleadings within 40 days after service is made. This section is not intended to authorize the joinder of the Attorney General or a state attorney as a party in such suit or prosecution.

History: s. 2, ch. 29724, 1955; s. 4, ch. 67-254; s. 7, ch. 2001-266.
Fla. Stat. § 15.0327 — Florida Code / Title IV / Chapter 15 / Section 15.0327
15.0327 State song.
Status: in_force

The song “Old Folks at Home,” revised lyrics, as adopted by the Center for American Music, Stephen Foster Memorial, at the University of Pittsburgh, is designated as the official song of the State of Florida.

History: s. 2, ch. 2008-233.
Fla. Stat. § 943.324 — Florida Code / Title XLVII / Chapter 943 / Section 943.324
943.324 Rapid DNA Grant Program for county jails or sheriffs’ offices.
Status: in_force

(1) There is created within the department the Rapid DNA Grant Program to award grants to county jails or sheriffs’ offices to support local law enforcement agencies in the processing and expediting of DNA samples as defined in, and in support of the statewide DNA database under, s. 943.325.

(2) The department shall annually award to county jails or sheriffs’ offices any funds specifically appropriated for the grant program to cover expenses related to the purchasing of DNA testing machines and other necessary supplies. Grants must be provided to county jails or sheriffs’ offices if funds are appropriated for that purpose by law. The total amount of grants awarded may not exceed funding appropriated for the grant program.

(3) The department may establish criteria and set specific time periods for the acceptance of applications and for the selection process for awarding grant funds.

History: s. 1, ch. 2023-234.
Fla. Stat. § 39.4021 — Florida Code / Title V / Chapter 39 / Part IV / Section 39.4021
39.4021 Priority placement for out-of-home placements.
Status: in_force

(1) LEGISLATIVE FINDINGS AND INTENT. — The Legislature finds that it is a basic tenet of child welfare practice and the law that a child be placed in the least restrictive, most family-like setting available in close proximity to the home of his or her parents which meets the needs of the child, and that a child be placed in a permanent home in a timely manner.

(2) PLACEMENT PRIORITY. — (a) When a child cannot safely remain at home with a parent, out-of-home placement options must be considered in the following order: 1. Nonoffending parent. 2. Relative caregiver. 3. Adoptive parent of the child’s sibling, when the department or community-based care lead agency is aware of such sibling. 4. Fictive kin with a close existing relationship to the child. 5. Nonrelative caregiver that does not have an existing relationship with the child. 6. Licensed foster care. 7. Group or congregate care. (b) Except as otherwise provided for in ss. 39.4022 and 39.4024, sibling groups must be placed in the same placement whenever possible and if placement together is in the best interest of each child in the sibling group. Placement decisions for sibling groups must be made pursuant to ss. 39.4022 and 39.4024. (c) Except as otherwise provided for in this chapter, a change to a child’s physical or legal placement after the child has been sheltered but before the child has achieved permanency must be made in compliance with this section. Placements made pursuant to s. 63.082(6) are exempt from this section.

History: s. 5, ch. 2021-169.
Fla. Stat. § 250.51 — Florida Code / Title XVII / Chapter 250 / Part I / Section 250.51
250.51 Insult to troops; penalty.
Status: in_force

When troops of the Florida National Guard are at drill in their respective armories, on the streets, public roads, or other places, where such drills are conducted or when they are performing other duties required of them by the state or the United States, a person may not make any disloyal or insulting remark to or about the troops or make any sign, motion, or gesture calculated to insult or humiliate the troops. Any person who makes a disloyal or insulting remark, or who makes any such sign, motion, or gesture, for the purpose and in the manner prohibited in this section, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History: s. 64, ch. 8502, 1921; CGL 8129; s. 1, ch. 25112, 1949; s. 149, ch. 71-136; s. 48, ch. 2003-68.
Fla. Stat. § 626.9621 — Florida Code / Title XXXVII / Chapter 626 / Part IX / Section 626.9621
626.9621 Provisions of part additional to existing law.
Status: in_force

The powers vested in the department, commission, and office by this part shall be additional to any other powers to enforce any penalties, fines, or forfeitures authorized by law.

History: s. 9, ch. 76-260; s. 807, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 1037, ch. 2003-261.
Fla. Stat. § 77.03 — Florida Code / Title VI / Chapter 77 / Section 77.03
77.03 Issuance of writ after judgment.
Status: in_force

After judgment has been obtained against defendant but before the writ of garnishment is issued, the plaintiff, the plaintiff’s agent or attorney, shall file a motion (which shall not be verified or negative defendant’s exemptions) stating the amount of the judgment. The motion may be filed and the writ issued either before or after the return of execution.

History: ss. 1, 14, ch. 43, 1845; RS 1667; s. 1, ch. 4393, 1895; GS 2131; RGS 3433; CGL 5286; s. 27, ch. 67-254; s. 383, ch. 95-147; s. 13, ch. 2005-241.
Fla. Stat. § 1008.23 — Florida Code / Title XLVIII / Chapter 1008 / Part I / Section 1008.23
1008.23 Confidentiality of assessment instruments.
Status: in_force

(1) All examination and assessment instruments, including developmental materials and workpapers directly related thereto, which are prepared, prescribed, or administered pursuant to ss. 1002.69, 1003.52, 1003.56, 1007.25, 1007.35, 1008.22, 1008.25, and 1012.56 shall be confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Provisions governing access, maintenance, and destruction of such instruments and related materials shall be prescribed by rules of the State Board of Education.

(2)(a) All examination and assessment instruments, including developmental materials and workpapers directly related thereto, which are prepared, prescribed, or administered by a Florida College System institution, a state university, or the Department of Education shall be confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (b) Provisions governing access, maintenance, and destruction of the instruments and related materials identified under paragraph (a) shall be prescribed by rules of the State Board of Education and regulations of the Board of Governors, respectively.

(3) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature.

History: s. 369, ch. 2002-387; s. 56, ch. 2013-35; s. 1, ch. 2021-81.
Fla. Stat. § 153.94 — Florida Code / Title XI / Chapter 153 / Part III / Section 153.94
153.94 Applicability of other laws.
Status: in_force

Except as expressly provided in this act:

(1) With respect to any wastewater facility privatization contract entered into under this act, a public entity is subject to s. 125.3401, s. 180.301, s. 189.054, or s. 190.0125 but is not subject to the requirements of chapter 287.

(2) A wastewater facility subject to a wastewater facility privatization contract made under this act shall continue to be regulated for all local, state, and federal purposes as if owned, operated, and maintained by the public entity.

History: s. 5, ch. 96-202; s. 63, ch. 2014-22.
Fla. Stat. § 261.07 — Florida Code / Title XVIII / Chapter 261 / Section 261.07
261.07 Publication and distribution of guidebook; contents.
Status: in_force

In consultation with the advisory committee, the department shall publish a guidebook that includes the text of this chapter, other laws and regulations relating to the program, and maps of areas and trails of the system. The guidebook may include other public areas, trails, and facilities for the use of off-highway vehicles. The guidebook must include information regarding the responsibilities of users of the system and must set forth pertinent laws, rules, and regulations including particular provisions and other information intended to prevent trespass and damage to public or private property. The guidebook must be prepared at minimal cost to facilitate the broadest possible distribution and must be available for distribution no later than October 1, 2003.

History: s. 53, ch. 2002-295.
Fla. Stat. § 905.07 — Florida Code / Title XLVII / Chapter 905 / Section 905.07
905.07 Effect of sustaining challenge to panel.
Status: in_force

If a challenge to the panel is sustained, the grand jury shall be discharged.

History: s. 86, ch. 19554, 1939; CGL 1940 Supp. 8663(86).