FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 768.1256 — Florida Code / Title XLV / Chapter 768 / Part I / Section 768.1256
768.1256 Government rules defense.
Status: in_force

(1) In a product liability action brought against a manufacturer or seller for harm allegedly caused by a product, there is a rebuttable presumption that the product is not defective or unreasonably dangerous and the manufacturer or seller is not liable if, at the time the specific unit of the product was sold or delivered to the initial purchaser or user, the aspect of the product that allegedly caused the harm: (a) Complied with federal or state codes, statutes, rules, regulations, or standards relevant to the event causing the death or injury; (b) The codes, statutes, rules, regulations, or standards are designed to prevent the type of harm that allegedly occurred; and (c) Compliance with the codes, statutes, rules, regulations, or standards is required as a condition for selling or distributing the product.

(2) In a product liability action as described in subsection (1), there is a rebuttable presumption that the product is defective or unreasonably dangerous and the manufacturer or seller is liable if the manufacturer or seller did not comply with the federal or state codes, statutes, rules, regulations, or standards which: (a) Were relevant to the event causing the death or injury; (b) Are designed to prevent the type of harm that allegedly occurred; and (c) Require compliance as a condition for selling or distributing the product.

(3) This section does not apply to an action brought for harm allegedly caused by a drug that is ordered off the market or seized by the Federal Food and Drug Administration.

History: s. 15, ch. 99-225.
Fla. Stat. § 627.4615 — Florida Code / Title XXXVII / Chapter 627 / Part III / Section 627.4615
627.4615 Interest payable on death claim payments.
Status: in_force

When a policy provides for payment of its proceeds in a lump sum upon the death of the insured, the payment must include interest, at an annual rate equal to or greater than the Moody’s Corporate Bond Yield Average-Monthly Average Corporate as of the day the claim was received, from the date the insurer receives written due proof of death of the insured. If the method of calculating such index is substantially changed from the method of calculation in use on January 1, 1993, the rate must not be less than 8 percent.

History: s. 15, ch. 83-288; s. 3, ch. 84-94; ss. 43, 114, ch. 92-318.
Fla. Stat. § 625.181 — Florida Code / Title XXXVII / Chapter 625 / Part I / Section 625.181
625.181 Assets received as capital or surplus contributions.
Status: in_force

Assets received by an insurer as a capital or surplus contribution shall, for purposes of this code, be deemed to be purchased by the insurer at a cost equal to, in the discretion of the office, their market value, their appraised value, or prices determined by the office as representing their fair market value. Assets so acquired shall be valued in accordance with the appropriate sections of this code as if the insurer had purchased such assets directly.

History: ss. 7, 21, ch. 90-119; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 879, ch. 2003-261.
Fla. Stat. § 1004.345 — Florida Code / Title XLVIII / Chapter 1004 / Part II / Section 1004.345
1004.345 The Florida Polytechnic University.
Status: in_force

(1) By December 31, 2017, the Florida Polytechnic University shall meet the following criteria as established by the Board of Governors: (a) Achieve accreditation from the Commission on Colleges of the Southern Association of Colleges and Schools; (b) Initiate the development of the new programs in the fields of science, technology, engineering, and mathematics; (c) Seek discipline-specific accreditation for programs; (d) Attain a minimum FTE of 1,244, with a minimum 50 percent of that FTE in the fields of science, technology, engineering, and mathematics and 20 percent in programs related to those fields; (e) Complete facilities and infrastructure, including the Science and Technology Building, Phase I of the Wellness Center, and a residence hall or halls containing no fewer than 190 beds; and (f) Have the ability to provide, either directly or where feasible through a shared services model, administration of financial aid, admissions, student support, information technology, and finance and accounting with an internal audit function.

(2) Once the criteria in subsection (1) have been met, the Board of Trustees of the Florida Polytechnic University shall notify the Board of Governors, and the Board of Governors shall conduct a final review to confirm that the criteria have been met.

(3) Students enrolled at the University of South Florida Polytechnic shall be afforded the opportunity to complete their degrees at the University of South Florida, subject to university criteria.

History: s. 1, ch. 2008-97; s. 1, ch. 2012-129; ss. 30, 36, ch. 2016-62; s. 6, ch. 2017-71.
Fla. Stat. § 491.006 — Florida Code / Title XXXII / Chapter 491 / Section 491.006
491.006 Licensure or certification by endorsement.
Status: in_force

(1) The department shall license or grant a certificate to a person in a profession regulated by this chapter who, upon applying to the department, submitting to background screening in accordance with s. 456.0135, and remitting the appropriate fee, demonstrates to the board that he or she meets the requirements for licensure by endorsement under s. 456.0145.

(2) The fees paid by any applicant for certification as a master social worker under this section are nonrefundable.

(3) A person licensed as a clinical social worker, marriage and family therapist, or mental health counselor in another state who is practicing under the Professional Counselors Licensure Compact pursuant to s. 491.017, and only within the scope provided therein, is exempt from the licensure requirements of this section, as applicable.

History: ss. 15, 19, ch. 87-252; ss. 7, 19, 20, ch. 90-263; s. 4, ch. 91-429; s. 21, ch. 95-145; s. 12, ch. 95-279; s. 509, ch. 97-103; s. 169, ch. 99-397; s. 32, ch. 2000-242; s. 45, ch. 2020-133; s. 8, ch. 2022-63; s. 40, ch. 2024-243; s. 21, ch. 2024-274.
Fla. Stat. § 216.351 — Florida Code / Title XIV / Chapter 216 / Section 216.351
216.351 Subsequent inconsistent laws.
Status: in_force

Subsequent inconsistent laws shall supersede this chapter only to the extent that they do so by express reference to this section.

History: s. 31, ch. 69-106.
Fla. Stat. § 316.267 — Florida Code / Title XXIII / Chapter 316 / Section 316.267
316.267 Brakes on electric-powered vehicles.
Status: in_force

When operated on the public streets and roads, every electric-powered vehicle with a rating of 3 to 6 horsepower shall be equipped with hydraulic brakes on the two rear wheels and at all times and under all conditions of loading, upon application of the service brake, shall be capable of:

(1) Developing a braking force that is not less than 43.5 percent of its gross weight.

(2) Decelerating to a stop from not more than 20 miles per hour at not less than 17 feet per second.

(3) Stopping from a speed of 20 miles per hour in not more than 25 feet, such distance to be measured from the point at which movement of the service brake pedal or control begins.

A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History: s. 2, ch. 76-34; s. 202, ch. 99-248.
Fla. Stat. § 17.27 — Florida Code / Title IV / Chapter 17 / Section 17.27
17.27 Microfilming and destroying records and correspondence.
Status: in_force

(1) The Department of Financial Services may destroy general correspondence files and also any other records which the department may deem no longer necessary to preserve in accordance with retention schedules and destruction notices established under rules of the Division of Library and Information Services, records and information management program, of the Department of State. Such schedules and notices relating to financial records of the department shall be subject to the approval of the Auditor General.

(2) The Department of Financial Services may photograph, microphotograph, or reproduce on film such documents and records as it may select, in such manner that each page will be exposed in exact conformity with the original.

(3) The Department of Financial Services may destroy any of such documents after they have been photographed and filed in accordance with the provisions of subsection (1).

(4) Photographs or microphotographs in the form of film or prints of any records made in compliance with the provisions of this section shall have the same force and effect as the originals thereof would have, and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated reproductions of such photographs or microphotographs shall be admitted in evidence equally with the original photographs or microphotographs.

History: ss. 1-3, ch. 23909, 1947; ss. 12, 35, ch. 69-106; s. 6, ch. 71-377; s. 1, ch. 77-102; s. 1, ch. 78-177; s. 2, ch. 86-163; s. 39, ch. 2003-261.
Fla. Stat. § 790.24 — Florida Code / Title XLVI / Chapter 790 / Section 790.24
790.24 Report of medical treatment of certain wounds; penalty for failure to report.
Status: in_force

Any physician, nurse, or employee thereof and any employee of a hospital, sanitarium, clinic, or nursing home knowingly treating any person suffering from a gunshot wound or life-threatening injury indicating an act of violence, or receiving a request for such treatment, shall report the same immediately to the sheriff’s department of the county in which said treatment is administered or request therefor received. This section does not affect any requirement that a person has to report abuse pursuant to chapter 39 or chapter 415. Any such person willfully failing to report such treatment or request therefor is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History: s. 1, ch. 59-35; s. 755, ch. 71-136; s. 1, ch. 99-235.
Fla. Stat. § 607.0803 — Florida Code / Title XXXVI / Chapter 607 / Part I / Section 607.0803
607.0803 Number of directors.
Status: in_force

(1) A board of directors must consist of one or more individuals, with the number specified in or fixed in accordance with the articles of incorporation or bylaws.

(2) The number of directors may be increased or decreased from time to time by amendment to, or in the manner provided in, the articles of incorporation or the bylaws.

(3) Directors are elected at the first annual shareholders’ meeting and at each annual shareholders’ meeting thereafter, unless elected by written consent in lieu of an annual shareholders’ meeting pursuant to s. 607.0704 or unless their terms are staggered under s. 607.0806.

History: s. 70, ch. 89-154; s. 85, ch. 2019-90.
Fla. Stat. § 284.31 — Florida Code / Title XIX / Chapter 284 / Part II / Section 284.31
284.31 Scope and types of coverages; separate accounts.
Status: in_force

The Insurance Risk Management Trust Fund must, unless specifically excluded by the Department of Financial Services, cover all departments of the State of Florida and their employees, agents, and volunteers and must provide separate accounts for workers’ compensation, general liability, fleet automotive liability, federal civil rights actions under 42 U.S.C. s. 1983 or similar federal statutes, state agency firefighter cancer benefits payable under s. 112.1816(2), and court-awarded attorney fees in other proceedings against the state except for such awards in eminent domain or for inverse condemnation or for awards by the Public Employees Relations Commission. Unless specifically excluded by the Department of Financial Services, the Insurance Risk Management Trust Fund must provide fleet automotive liability coverage to motor vehicles titled to the state, or to any department of the state, when such motor vehicles are used by community transportation coordinators performing, under contract to the appropriate department of the state, services for the transportation disadvantaged under part I of chapter 427. Such fleet automotive liability coverage is primary and is subject to s. 768.28 and parts II and III of chapter 284, and applicable rules adopted thereunder, and the terms and conditions of the certificate of coverage issued by the Department of Financial Services.

History: s. 1, ch. 72-206; s. 4, ch. 74-235; s. 68, ch. 79-40; s. 6, ch. 79-139; s. 3, ch. 83-159; s. 78, ch. 86-163; s. 1, ch. 88-239; s. 53, ch. 99-13; s. 317, ch. 2003-261; s. 3, ch. 2021-113.
Fla. Stat. § 218.76 — Florida Code / Title XIV / Chapter 218 / Part VII / Section 218.76
218.76 Improper payment request or invoice; resolution of disputes.
Status: in_force

(1) If an improper payment request or invoice is submitted by a vendor, the local governmental entity shall, within 10 days after the improper payment request or invoice is received, notify the vendor, in writing, that the payment request or invoice is improper and indicate what corrective action on the part of the vendor is needed to make the payment request or invoice proper.

(2)(a) If a dispute arises between a vendor and a local governmental entity concerning payment of a payment request or an invoice, the dispute must be finally determined by the local governmental entity pursuant to a dispute resolution procedure established by the local governmental entity. Such procedure must provide that proceedings to resolve the dispute commence within 30 days after the date the payment request or proper invoice was received by the local governmental entity and conclude by final decision of the local governmental entity within 45 days after the date the payment request or proper invoice was received by the local governmental entity. Such procedures are not subject to chapter 120 and do not constitute an administrative proceeding that prohibits a court from deciding de novo any action arising out of the dispute. If the dispute is resolved in favor of the local governmental entity, interest charges begin to accrue 15 days after the local governmental entity’s final decision. If the dispute is resolved in favor of the vendor, interest begins to accrue as of the original date the payment became due. (b) If the local governmental entity does not commence the dispute resolution procedure within the time required, a contractor may give written notice to the local governmental entity of the failure to timely commence its dispute resolution procedure. If the local governmental entity fails to commence the dispute resolution procedure within 4 business days after such notice, any amounts resolved in the contractor’s favor shall bear mandatory interest, as set forth in s. 218.735(9), from the date the payment request or invoice containing the disputed amounts was submitted to the local governmental entity. If the dispute resolution procedure is not commenced within 4 business days after the notice, the objection to the payment request or invoice shall be deemed waived. The waiver of an objection pursuant to this paragraph does not relieve a contractor of its contractual obligations.

(3) In an action to recover amounts due under this part, the court shall award court costs and reasonable attorney’s fees, including fees incurred through appeal, to the prevailing party.

History: s. 4, ch. 89-297; s. 6, ch. 2001-169; s. 34, ch. 2002-1; s. 3, ch. 2010-111; s. 8, ch. 2021-124; s. 2, ch. 2023-134.
Fla. Stat. § 414.035 — Florida Code / Title XXX / Chapter 414 / Section 414.035
414.035 Authorized expenditures.
Status: in_force

Any expenditures from the Temporary Assistance for Needy Families block grant, or from other state funds that the secretary or his or her designee determines meets the maintenance-of-effort requirement for the block grant, must be expended in accordance with the requirements and limitations of part A of Title IV of the Social Security Act, as amended, or any other applicable federal requirement or limitation. Prior to any expenditure of such funds, the secretary, or his or her designee, shall certify that controls are in place to ensure such funds are expended in accordance with the requirements and limitations of federal law and that any reporting requirements of federal law are met. It shall be the responsibility of any entity to which such funds are appropriated to obtain the required certification prior to any expenditure of funds.

History: s. 7, ch. 99-241; s. 4, ch. 2002-397.
Fla. Stat. § 215.83 — Florida Code / Title XIV / Chapter 215 / Section 215.83
215.83 Construction of State Bond Act.
Status: in_force

The provisions of this act shall be liberally construed to effect its purposes. The exercise of the powers provided by this act and the issuance of bonds and federal arbitrage compliance functions provided for hereunder shall not be subject to the limitations and provisions of any other law or laws which are inconsistent with the provisions of this act, and any provisions of any other laws relating to the issuance of bonds by any state agency or affecting such federal arbitrage compliance functions which are inconsistent with the provisions of this act are hereby superseded to the extent of such inconsistent provisions. The provisions of all resolutions adopted by the board which authorize the issuance and sale of bonds, and all other proceedings taken pursuant to this act for the sale, issuance, and delivery of the bonds, shall be liberally construed in favor of the bondholders of such bonds.

History: s. 29, ch. 69-230; s. 6, ch. 84-171; s. 9, ch. 89-287.
Fla. Stat. § 477.026 — Florida Code / Title XXXII / Chapter 477 / Section 477.026
477.026 Fees; disposition.
Status: in_force

(1) The board shall set fees according to the following schedule: (a) For cosmetologists, fees for original licensing, license renewal, and delinquent renewal shall not exceed $50. (b) For cosmetologists, fees for endorsement application, examination, and reexamination shall not exceed $50. (c) For cosmetology and specialty salons, fees for license application, original licensing, license renewal, and delinquent renewal shall not exceed $50. (d) For specialists, fees for application and endorsement registration shall not exceed $30. (e) For specialists, fees for initial registration, registration renewal, and delinquent renewal shall not exceed $50.

(2) All moneys collected by the department from fees authorized by this chapter shall be paid into the Professional Regulation Trust Fund, which fund is created in the department, and shall be applied in accordance with ss. 215.37 and 455.219. The Legislature may appropriate any excess moneys from this fund to the General Revenue Fund.

(3) The department, with the advice of the board, shall prepare and submit a proposed budget in accordance with law.

History: s. 1, ch. 78-253; ss. 13, 15, 25, 30, 34, 47, 62, ch. 80-406; s. 2, ch. 81-318; ss. 24, 46, ch. 82-179; ss. 30, 35, 36, ch. 85-297; s. 5, ch. 87-69; s. 43, ch. 89-344; s. 4, ch. 91-429; s. 152, ch. 94-119; s. 14, ch. 98-323; s. 148, ch. 99-251; s. 21, ch. 2009-195; s. 36, ch. 2020-160.
Fla. Stat. § 497.158 — Florida Code / Title XXXIII / Chapter 497 / Part I / Section 497.158
497.158 Court enforcement actions; powers; abatement of nuisances.
Status: in_force

(1) In addition to or in lieu of other actions authorized by this chapter, the department may petition the courts of this state for injunctive or other relief against any licensed or unlicensed person for the enforcement of this chapter and orders issued under this chapter. The court shall be authorized to impose a fine of up to $5,000 per violation on any licensee under this chapter and up to $10,000 on any person not licensed under this chapter, payable to the department, upon any person determined by the court to have violated this chapter, and may order payment to the department of the department’s attorney’s fees and litigation costs, by any person found to have violated this chapter.

(2) In addition to all other means provided by law for the enforcement by a court of a temporary restraining order or an injunction, the circuit court may impound the property of a licensee, including books, papers, documents, and records pertaining thereto, and may appoint a receiver or administrator to prevent further violation of this chapter.

(3) A court-appointed receiver or administrator may take any action to implement the provisions of the court order, to ensure the performance of the order, and to remedy any breach thereof.

(4) Any nonconforming physical condition in a cemetery or component thereof which is the result of a violation of this chapter or of the rules adopted under this chapter relating to construction, physical operations, or care and maintenance at the cemetery shall be deemed a public nuisance, and the nonconforming physical conditions caused by such violation may be abated as provided in s. 60.05.

History: ss. 10, 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 89, 122, ch. 93-399; s. 4, ch. 98-268; s. 28, ch. 2004-301; s. 15, ch. 2005-155.
Fla. Stat. § 1001.363 — Florida Code / Title XLVIII / Chapter 1001 / Part II / Section 1001.363
1001.363 District school board members to represent entire district.
Status: in_force

Each district school board of each district shall represent the entire district. Each member of the district school board shall serve as the representative of the entire district, rather than as the representative of a district school board member residence area.

History: s. 46, ch. 2002-387.
Fla. Stat. § 560.143 — Florida Code / Title XXXIII / Chapter 560 / Part I / Section 560.143
560.143 Fees.
Status: in_force

(1) LICENSE APPLICATION FEES. — The applicable non-refundable fees must accompany an application for licensure: (a) Part II .......... $375. (b) Part III .......... $188. (c) Per branch office .......... $38. (d) For each location of an authorized vendor .......... $38. (e) Declaration as a deferred presentment provider .......... $1,000. (f) Fingerprint retention fees as prescribed by rule. (g) License application fees for branch offices and authorized vendors are limited to $20,000 when such fees are assessed as a result of a change in controlling interest as defined in s. 560.127.

(2) LICENSE RENEWAL FEES. — The applicable non-refundable license renewal fees must accompany a renewal of licensure: (a) Part II .......... $750. (b) Part III .......... $375. (c) Per branch office .......... $38. (d) For each location of an authorized vendor .......... $38. (e) Declaration as a deferred presentment provider .......... $1,000. (f) Renewal fees for branch offices and authorized vendors are limited to $20,000 biennially. (g) Fingerprint retention fees as prescribed by rule.

(3) LATE LICENSE RENEWAL FEES. — (a) Part II .......... $500. (b) Part III .......... $250. (c) Declaration as a deferred presentment provider .......... $500.

History: s. 28, ch. 2008-177; s. 71, ch. 2009-21; s. 3, ch. 2009-185; s. 5, ch. 2013-201.