FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 420.506 — Florida Code / Title XXX / Chapter 420 / Part V / Section 420.506
420.506 Executive director; agents and employees; inspector general.
Status: in_force

(1) The appointment and removal of an executive director shall be by the Secretary of Commerce, with the advice and consent of the corporation’s board of directors. The executive director shall employ legal and technical experts and such other agents and employees, permanent and temporary, as the corporation may require, and shall communicate with and provide information to the Legislature with respect to the corporation’s activities. Notwithstanding s. 216.262, the board may develop and implement rules regarding the employment of employees of the corporation and service providers, including legal counsel. The board is entitled to establish travel procedures and guidelines for employees of the corporation, subject to s. 112.061(6) and (7). The executive director’s office and the corporation’s files and records must be located in Leon County.

(2)(a) The appointment and removal of an inspector general shall be by the executive director, with the advice and consent of the corporation’s board of directors. The corporation’s inspector general shall perform for the corporation the functions set forth in s. 20.055. The inspector general shall administratively report to the executive director. The inspector general shall meet the minimum qualifications as set forth in s. 20.055(4). The corporation may establish additional qualifications deemed necessary by the board of directors to meet the unique needs of the corporation. The inspector general shall be responsible for coordinating the responsibilities set forth in s. 420.0006. (b) Effective July 1, 2017, if the corporation enters into an employment agreement, or renewal or renegotiation of an existing contract or employment agreement with an inspector general or deputy inspector, the corporation may not offer a bonus on work performance in the contract or agreement and the awarding of such bonuses is prohibited.

History: s. 1, ch. 80-161; s. 49, ch. 81-167; s. 52, ch. 83-55; s. 9, ch. 97-167; s. 58, ch. 2001-62; s. 11, ch. 2007-198; s. 331, ch. 2011-142; s. 10, ch. 2011-189; s. 10, ch. 2013-83; s. 2, ch. 2017-49; s. 43, ch. 2021-25; s. 155, ch. 2024-6.
Fla. Stat. § 337.29 — Florida Code / Title XXVI / Chapter 337 / Section 337.29
337.29 Vesting of title to roads; liability for torts.
Status: in_force

(1) Title to all roads designated in the State Highway System or State Park Road System shall be in the state, unless otherwise provided herein.

(2) Upon the vesting of title to any lands for highway purposes in the state, local governmental entities shall forthwith issue a deed or right-of-way map to the state covering such lands, which shall be duly recorded. Recordation of deeds or right-of-way maps shall also be effected upon acquisition of any lands by the department.

(3) Title to all roads transferred in accordance with s. 335.0415 shall be in the governmental entity to which such roads have been transferred, upon the recording of a deed or a right-of-way map by the appropriate governmental entity in the public land records of the county or counties in which such rights-of-way are located. To the extent that sovereign immunity has been waived, liability for torts shall be in the governmental entity having operation and maintenance responsibility as provided in s. 335.0415. Except as otherwise provided by law, a municipality shall have the same governmental, corporate, and proprietary powers with relation to any public road or right-of-way within the municipality which has been transferred to another governmental entity pursuant to s. 335.0415 that the municipality has with relation to other public roads and rights-of-way within the municipality.

History: s. 108, ch. 29965, 1955; ss. 23, 35, ch. 69-106; s. 16, ch. 77-165; s. 5, ch. 77-416; s. 2, ch. 78-285; s. 169, ch. 84-309; s. 85, ch. 99-385; s. 34, ch. 2012-174.
Fla. Stat. § 497.267 — Florida Code / Title XXXIII / Chapter 497 / Part II / Section 497.267
497.267 Disposition of withdrawals from the care and maintenance trust fund; notice to purchasers and depositors.
Status: in_force

Withdrawals from the care and maintenance trust fund shall be used solely for the care and maintenance of the cemetery, including maintenance of monuments, which maintenance may not be deemed to include the cleaning, refinishing, repairing, or replacement of monuments; for reasonable costs of administering the care and maintenance; and for reasonable costs of administering the trust fund. At the time of making a sale or receiving an initial deposit, the cemetery company shall deliver to the person to whom the sale is made, or who makes a deposit, a written instrument which shall specifically state the purposes for which withdrawals from the trust fund shall be used.

History: s. 13, ch. 59-363; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 18, 39, 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. 9, ch. 85-202; s. 1, ch. 89-8; ss. 89, 122, ch. 93-399; s. 49, ch. 2004-301; s. 7, ch. 2016-172.
Fla. Stat. § 395.30381 — Florida Code / Title XXIX / Chapter 395 / Part I / Section 395.30381
395.30381 Statewide stroke registry.
Status: in_force

(1) Subject to a specific appropriation, the department shall contract with a private entity to establish and maintain a statewide stroke registry to ensure that the stroke performance measures required to be submitted under subsection (2) are maintained and available for use to improve or modify the stroke care system, ensure compliance with standards and nationally recognized guidelines, and monitor stroke patient outcomes.

(2) Each acute stroke ready center, primary stroke center, thrombectomy-capable stroke center, and comprehensive stroke center shall regularly report to the statewide stroke registry information containing nationally recognized stroke performance measures.

(3) The department shall require the contracted private entity to use a nationally recognized platform to collect data from each stroke center on the stroke performance measures required in subsection (2). The contracted private entity shall provide regular reports to the department on the data collected.

(4) A liability of any kind or character for damages or other relief shall not arise or be enforced against any acute stroke ready center, primary stroke center, thrombectomy-capable stroke center, or comprehensive stroke center by reason of having provided such information to the statewide stroke registry.

History: s. 2, ch. 2017-172; s. 2, ch. 2019-135.
Fla. Stat. § 463.0001 — Florida Code / Title XXXII / Chapter 463 / Section 463.0001
463.0001 Short title.
Status: in_force

This chapter shall be known as the “Optometry Practice Act.”

History: ss. 1, 21, ch. 86-289; s. 4, ch. 91-429.
Fla. Stat. § 161.042 — Florida Code / Title XI / Chapter 161 / Part I / Section 161.042
161.042 Coastal construction and excavation in barrier beach inlets.
Status: in_force

The department is authorized to direct any person, or any public body or agency, responsible for the excavation of sandy sediment as a result of any activity conducted to maintain navigable depths within or immediately adjacent to any coastal barrier beach inlet within sovereignty lands, after the department considers any limitations under chapters 253 and 403 on the deposition of spoil material from the excavation, and upon issuance of water quality certification by the department, to use such sediment for beach nourishment as prescribed by the department. For any construction or excavation within or immediately contiguous to any coastal barrier beach inlet which has been permitted pursuant to s. 161.041, the department may require the permittee to supply beach profiles and conduct hydrographic monitoring of the impacted area.

History: s. 3, ch. 78-257; s. 1, ch. 80-183; s. 20, ch. 94-356; s. 4, ch. 2000-346.
Fla. Stat. § 213.345 — Florida Code / Title XIV / Chapter 213 / Section 213.345
213.345 Tolling of periods during an audit.
Status: in_force

The limitations in s. 95.091(3) and the period for filing a claim for refund as required by s. 215.26(2) shall be tolled for a period of 1 year if the Department of Revenue has, on or after July 1, 1999, issued a notice of intent to conduct an audit or investigation of the taxpayer’s account within the applicable period of time. The department must commence an audit within 120 days after it issues a notice of intent to conduct an audit, unless the taxpayer requests a delay. If the taxpayer does not request a delay and the department does not begin the audit within 120 days after issuing the notice, the tolling period shall terminate unless the taxpayer and the department enter into an agreement to extend the period pursuant to s. 213.23.

History: s. 8, ch. 99-239.
Fla. Stat. § 684.004 — Florida Code / Title XXXIX / Chapter 684 / Section 684.004
684.004 Decisionmaking by panel of arbitrators.
Status: in_force

In arbitral proceedings having more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if so authorized by the parties or all members of the arbitral tribunal.

History: s. 41, ch. 2010-60.
Fla. Stat. § 672.502 — Florida Code / Title XXXIX / Chapter 672 / Part V / Section 672.502
672.502 Buyer’s right to goods on seller’s repudiation, failure to deliver, or insolvency.
Status: in_force

(1) Subject to subsections (2) and (3), and even though the goods have not been shipped, a buyer who has paid a part or all of the price of goods in which she or he has a special property under the provisions of the immediately preceding section may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if: (a) In the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or (b) In all cases, the seller becomes insolvent within ten days after receipt of the first installment on their price.

(2) The buyer’s right to recover the goods under paragraph (1)(a) vests upon acquisition of a special property, even if the seller has not then repudiated or failed to deliver.

(3) If the identification creating her or his special property has been made by the buyer she or he acquires the right to recover the goods only if they conform to the contract for sale.

History: s. 1, ch. 65-254; s. 578, ch. 97-102; s. 14, ch. 2001-198.
Fla. Stat. § 944.7065 — Florida Code / Title XLVII / Chapter 944 / Section 944.7065
944.7065 Transition course for inmates.
Status: in_force

In an effort to ensure that inmates released from the Department of Corrections successfully reenter the community, beginning December 1, 2002, each inmate released from incarceration by the department must complete a 100-hour comprehensive transition course that covers job readiness and life management skills. This requirement does not apply to inmates released in an emergency situation.

History: s. 20, ch. 2001-110.
Fla. Stat. § 823.02 — Florida Code / Title XLVI / Chapter 823 / Section 823.02
823.02 Building bonfires.
Status: in_force

Whoever is concerned in causing or making a bonfire within 10 rods of any house or building shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History: s. 12, ch. 1637, 1868; RS 2705; GS 3681; RGS 5625; CGL 7818; s. 933, ch. 71-136; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 41, ch. 75-298.
Fla. Stat. § 104.39 — Florida Code / Title IX / Chapter 104 / Section 104.39
104.39 Witnesses as to violations.
Status: in_force

Any person who violates any provision of this code shall be a competent witness against any other person so violating and may be compelled to attend and testify as any other person. The testimony given shall not be used in any prosecution or criminal proceeding against the person so testifying, except in a prosecution for perjury.

History: s. 8, ch. 26870, 1951; s. 35, ch. 77-175.
Fla. Stat. § 626.9914 — Florida Code / Title XXXVII / Chapter 626 / Part X / Section 626.9914
626.9914 Suspension, revocation, denial, or nonrenewal of viatical settlement provider license; grounds; administrative fine.
Status: in_force

(1) The office shall suspend, revoke, deny, or refuse to renew the license of any viatical settlement provider if the office finds that the licensee: (a) Has made a misrepresentation in the application for the license; (b) Has engaged in fraudulent or dishonest practices, or otherwise has been shown to be untrustworthy or incompetent to act as a viatical settlement provider; (c) Demonstrates a pattern of unreasonable payments to viators; (d) Has been found guilty of, or has pleaded guilty or nolo contendere to, any felony, or a misdemeanor involving fraud or moral turpitude, regardless of whether a judgment of conviction has been entered by the court; (e) Has issued viatical settlement contracts that have not been approved pursuant to this act; (f) Has failed to honor contractual obligations related to the business of viatical settlement contracts; (g) Deals in bad faith with viators; (h) Has violated any provision of the insurance code or of this act; (i) Employs any person who materially influences the licensee’s conduct and who fails to meet the requirements of this act; (j) No longer meets the requirements for initial licensure; or (k) Obtains or utilizes life expectancies from life expectancy providers who are not registered with the office pursuant to this act.

(2) The office may, in lieu of or in addition to any suspension or revocation, assess an administrative fine not to exceed $2,500 for each nonwillful violation or $10,000 for each willful violation by a viatical settlement provider licensee. The office may also place a viatical settlement provider licensee on probation for a period not to exceed 2 years.

(3) If an employee of a viatical settlement provider violates any provision of this act, the office may take disciplinary action against such employee as if the employee were licensed under this act, including suspending or otherwise prohibiting the employee from performing the functions of a viatical settlement provider or viatical settlement broker as defined in this act.

(4) If a viatical settlement provider establishes a related provider trust as permitted by this act, the viatical settlement provider shall be liable and responsible for the performance of all obligations of the related provider trust under all viatical settlement contracts entered into by the related provider trust, and for the compliance of the related provider trust with all provisions of this act. Any violation of this act by the related provider trust shall be deemed a violation of this act by the viatical settlement provider as well as the related provider trust. If the related provider trust violates any provisions of this act, the office may exercise all remedies set forth in this act for such violations against the viatical settlement provider, as well as the related provider trust.

History: s. 5, ch. 96-336; s. 3, ch. 98-164; s. 1047, ch. 2003-261; s. 17, ch. 2005-237.
Fla. Stat. § 941.49 — Florida Code / Title XLVII / Chapter 941 / Part II / Section 941.49
941.49 Responsibility of delivery.
Status: in_force

It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers.

History: s. 5, ch. 73-287.
Fla. Stat. § 627.560 — Florida Code / Title XXXVII / Chapter 627 / Part V / Section 627.560
627.560 Incontestability.
Status: in_force

A group life insurance policy shall provide that the validity of the policy shall not be contested, except for nonpayment of premium, after it has been in force for 2 years from its date of issue. No statement made by any person insured under the policy relating to that person’s insurability shall be used in contesting the validity of the insurance with respect to which the statement was made after the insurance has been in force prior to the contest for a period of 2 years during that person’s lifetime nor unless it is contained in a written instrument signed by her or him.

History: s. 533, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 432, 448, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318; s. 333, ch. 97-102.
Fla. Stat. § 520.85 — Florida Code / Title XXXIII / Chapter 520 / Part V / Section 520.85
520.85 Delinquency and collection charges; court costs and attorney’s fees.
Status: in_force

A home improvement contract may provide for the payment by the owner of a delinquency and collection charge on each installment in default for a period of not less than 10 days in an amount not in excess of 5 percent of such installment. However, only one such delinquency and collection charge may be collected on any installment, regardless of the period during which it remains in default. A contract may also provide for the payment of court costs actually incurred and of attorney’s fees not exceeding 20 percent of the amount due and payable under such contract, if it is referred to an attorney not a salaried employee of the seller or holder for collection.

History: s. 1, ch. 69-44; s. 1, ch. 70-149; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 80-256; s. 2, ch. 81-318; ss. 29, 35, 36, ch. 90-103; s. 4, ch. 91-429.
Fla. Stat. § 944.716 — Florida Code / Title XLVII / Chapter 944 / Section 944.716
944.716 Contract termination and control of a correctional facility by the department.
Status: in_force

A detailed plan shall be provided by a private vendor under which the department shall assume control of a contractor-operated correctional facility upon termination of the contract. The department may terminate the contract with cause after written notice of material deficiencies and after 60 workdays in order to correct the material deficiencies. If any event occurs that involves the noncompliance with or violation of contract terms and that presents a serious threat to the safety, health, or security of the inmates, employees, or the public, the department may temporarily assume control of the contractor-operated correctional facility. A plan shall also be provided by a private vendor for the purchase and assumption of operations of a correctional facility by the department in the event of bankruptcy or the financial insolvency of the private vendor. The private vendor shall provide an emergency plan to address inmate disturbances, employee work stoppages, strikes, or other serious events in accordance with standards of the American Correctional Association.

History: s. 19, ch. 89-526; s. 30, ch. 2024-84.
Fla. Stat. § 765.305 — Florida Code / Title XLIV / Chapter 765 / Part III / Section 765.305
765.305 Procedure in absence of a living will.
Status: in_force

(1) In the absence of a living will, the decision to withhold or withdraw life-prolonging procedures from a patient may be made by a health care surrogate designated by the patient pursuant to part II unless the designation limits the surrogate’s authority to consent to the withholding or withdrawal of life-prolonging procedures.

(2) Before exercising the incompetent patient’s right to forego treatment, the surrogate must be satisfied that: (a) The patient does not have a reasonable medical probability of recovering capacity so that the right could be exercised by the patient. (b) The patient has an end-stage condition, the patient is in a persistent vegetative state, or the patient’s physical condition is terminal.

History: s. 4, ch. 92-199; s. 28, ch. 99-331; s. 13, ch. 2000-295.
Fla. Stat. § 605.2604 — Florida Code / Title XXXVI / Chapter 605 / Section 605.2604
605.2604 Restrictions on merger.
Status: in_force

A series limited liability company may be a party to a merger in accordance with ss. 605.1021-605.1026, this section, and ss. 605.2605-605.2608 only if both of the following apply:

(1) Each other party to the merger is a limited liability company.

(2) The surviving company is not created in the merger.

History: s. 34, ch. 2025-162.
Fla. Stat. § 189.0312 — Florida Code / Title XIII / Chapter 189 / Part III / Section 189.0312
189.0312 Independent special districts; term of office.
Status: in_force

(1) A member elected by the qualified electors of the district to the governing body of an independent special district may not serve for more than 12 consecutive years, unless the district’s charter provides for more restrictive terms of office. Service of a term of office that commenced before November 5, 2024, does not count toward the limitation imposed by this subsection.

(2) This section does not apply to a community development district established under chapter 190, or an independent special district created pursuant to a special act that provides that any amendment to chapter 190 to grant additional powers constitutes a power of the district.

(3) This section does not require an independent special district governed by an appointed governing body to convert to an elected governing body.

History: s. 4, ch. 2024-136.
Fla. Stat. § 655.0385 — Florida Code / Title XXXVIII / Chapter 655 / Section 655.0385
655.0385 Disapproval of directors and executive officers.
Status: in_force

(1) Each state financial institution shall notify the office of the proposed appointment of any individual to the board of directors or the appointment or employment of any individual as an executive officer or equivalent position at least 60 days before such appointment or employment becomes effective, if the state financial institution: (a) Has been chartered for less than 2 years; (b) Has undergone a change in control or conversion within the preceding 2 years. The office may exempt a financial institution from this paragraph if it operates in a safe and sound manner; (c) Is not in compliance with the minimum capital requirements applicable to such financial institution; or (d) Is otherwise operating in an unsafe and unsound condition, as determined by the office, on the basis of such financial institution’s most recent report of condition or report of examination.

(2) A state financial institution may not appoint any individual to the board of directors, or employ any individual as an executive officer or equivalent position, if the office issues a notice of disapproval with respect to that person.

(3) The office shall issue a notice of disapproval if the competence, experience, character, or integrity of the individual to be appointed or employed indicates that it is not in the best interests of the depositors, the members, or the public to permit the individual to be employed by or associated with the state financial institution.

(4) A director or executive officer of a state financial institution or affiliate may not concurrently serve as a director, or be employed as an officer, of a nonaffiliated financial institution or affiliate whose principal place of business is located in the same metropolitan statistical area in this state. A person affected by this prohibition may provide written notice to the office of the proposed appointment or employment. Such notice may provide information that such concurrent service does not present a conflict of interest and that neither institution is competitively disadvantaged in the common market area. The office may waive this prohibition if the information provided demonstrates that the individual’s proposed concurrent service does not present a conflict of interest and neither institution is competitively disadvantaged in the common market area. A person who violates this subsection is subject to suspension, removal, or prohibition under s. 655.037.

(5) Beginning 1 year after opening, each notification of a proposed appointment of an individual to the board of directors must be accompanied by a nonrefundable fee of $35.

(6) The commission may adopt rules to implement this section.

History: s. 18, ch. 92-303; s. 3, ch. 93-111; s. 1, ch. 99-138; s. 1711, ch. 2003-261; s. 7, ch. 2004-340; s. 90, ch. 2004-390; s. 6, ch. 2014-91.