FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 744.3203 — Florida Code / Title XLIII / Chapter 744 / Part V / Section 744.3203
744.3203 Suspension of power of attorney before incapacity determination.
Status: in_force

(1) At any time during proceedings to determine incapacity but before the entry of an order determining incapacity, the authority granted under an alleged incapacitated person’s power of attorney to a parent, spouse, child, or grandchild is suspended when the petitioner files a motion stating that a specific power of attorney should be suspended for any of the following grounds: (a) The agent’s decisions are not in accord with the alleged incapacitated person’s known desires. (b) The power of attorney is invalid. (c) The agent has failed to discharge his or her duties or incapacity or illness renders the agent incapable of discharging duties. (d) The agent has abused powers. (e) There is a danger that the property of the alleged incapacitated person may be wasted, misappropriated, or lost unless the authority under the power of attorney is suspended. Grounds for suspending a power of attorney do not include the existence of a dispute between the agent and the petitioner which is more appropriate for resolution in some other forum or a legal proceeding other than a guardianship proceeding.

(2) The motion must: (a) Identify one or more of the grounds in subsection (1); (b) Include specific statements of fact showing that grounds exist to justify the relief sought; and (c) Include the following statement: “Under penalties of perjury, I declare that I have read the foregoing motion and that the facts stated in it are true to the best of my knowledge and belief,” followed by the signature of the petitioner.

(3) Upon the filing of a response to the motion by the agent under the power of attorney, the court shall schedule the motion for an expedited hearing. Unless an emergency arises and the agent’s response sets forth the nature of the emergency, the property or matter involved, and the power to be exercised by the agent, notice must be given to all interested persons, the alleged incapacitated person, and the alleged incapacitated person’s attorney. The court order following the hearing must set forth what powers the agent is permitted to exercise, if any, pending the outcome of the petition to determine incapacity.

(4) In addition to any other remedy authorized by law, a court may award reasonable attorney fees and costs to an agent who successfully challenges the suspension of the power of attorney if the petitioner’s motion was made in bad faith.

(5) The suspension of authority granted to persons other than a parent, spouse, child, or grandchild shall be as provided in s. 709.2109.

History: s. 10, ch. 2015-83.
Fla. Stat. § 627.70154 — Florida Code / Title XXXVII / Chapter 627 / Part X / Section 627.70154
627.70154 Mandatory binding arbitration.
Status: in_force

A property insurance policy issued in this state may not require that a policyholder participate in mandatory binding arbitration unless all of the following apply:

(1) The mandatory binding arbitration requirements are contained in a separate endorsement attached to the property insurance policy.

(2) The premium that a policyholder is charged for the policy includes an actuarially sound credit or premium discount for the mandatory binding arbitration endorsement.

(3) The policyholder signs a form electing to accept mandatory binding arbitration. The form must notify the policyholder of the rights given up in exchange for the credit or premium discount, including, but not limited to, the right to a trial by jury.

(4) The endorsement establishes that an insurer will comply with the mediation provisions set forth in s. 627.7015 before the initiation of arbitration.

(5) The insurer also offers the policyholder a policy that does not require that the policyholder participate in mandatory binding arbitration.

History: s. 18, ch. 2022-271.
Fla. Stat. § 39.9055 — Florida Code / Title V / Chapter 39 / Part XII / Section 39.9055
39.9055 Certified domestic violence centers; capital improvement grant program.
Status: in_force

There is established a certified domestic violence center capital improvement grant program.

(1) A certified domestic violence center as defined in s. 39.905 may apply to the department for a capital improvement grant. The grant application must provide information that includes: (a) A statement specifying the capital improvement that the certified domestic violence center proposes to make with the grant funds. (b) The proposed strategy for making the capital improvement. (c) The organizational structure that will carry out the capital improvement. (d) Evidence that the certified domestic violence center has difficulty in obtaining funding or that funds available for the proposed improvement are inadequate. (e) Evidence that the funds will assist in meeting the needs of victims of domestic violence and their children in the certified domestic violence center service area. (f) Evidence of a satisfactory recordkeeping system to account for fund expenditures. (g) Evidence of ability to generate local match.

(2) Certified domestic violence centers as defined in s. 39.905 may receive funding subject to legislative appropriation, upon application to the department, for projects to construct, acquire, repair, improve, or upgrade systems, facilities, or equipment, subject to availability of funds. An award of funds under this section must be made in accordance with a needs assessment developed by the department. The department annually shall perform this needs assessment and shall rank in order of need those centers that are requesting funds for capital improvement.

(3) The department shall establish criteria for awarding the capital improvement funds that must be used exclusively for support and assistance with the capital improvement needs of the certified domestic violence centers, as defined in s. 39.905.

(4) The department shall ensure that the funds awarded under this section are used solely for the purposes specified in this section. The department will also ensure that the grant process maintains the confidentiality of the location of the certified domestic violence centers, as required under s. 39.908. The total amount of grant moneys awarded under this section may not exceed the amount appropriated for this program.

History: s. 2, ch. 2000-220; s. 22, ch. 2014-19; s. 6, ch. 2020-6.
Fla. Stat. § 506.506 — Florida Code / Title XXXIII / Chapter 506 / Section 506.506
506.506 Poultry boxes; designation of owners.
Status: in_force

Any person, firm, corporation, or association engaged in receiving, packing, handling, or selling poultry in permanent boxes may, in order to designate the ownership of such boxes or distinguish such boxes from other similar boxes, adopt, own, and use any name or mark and permanently affix or stamp such name or mark on any poultry box, except cardboard, fiberboard, or wood containers, which poultry box is owned by such person, firm, corporation, or association.

History: s. 1, ch. 83-262.
Fla. Stat. § 624.85 — Florida Code / Title XXXVII / Chapter 624 / Part VI / Section 624.85
624.85 Administrative election of proceedings.
Status: in_force

If the office determines to act under authority of this part, the sequence of its acts and proceedings shall be as set forth herein. However, it is a purpose and substance of this part to allow the office administrative discretion in the event of insurer delinquencies and, in furtherance of that purpose, the office is hereby authorized, in respect to insurer delinquencies or suspected delinquencies, to proceed and administer either under the provisions of this part or under any other applicable law, or under the provisions of this part in conjunction with other applicable law, and it is so provided. Nothing contained in this part or in any other provision of law shall preclude the office from initiating judicial proceedings to place an insurer in conservation, rehabilitation, or liquidation proceedings or other delinquency proceedings however designated under the laws of this state, regardless of whether the office has previously initiated administrative supervision proceedings under this part against the insurer. The entry of an order of seizure, rehabilitation, or liquidation pursuant to chapter 631 shall terminate all proceedings pending pursuant to this part.

History: ss. 71, 72, ch. 89-360; s. 4, ch. 91-429; s. 861, ch. 2003-261.
Fla. Stat. § 683.336 — Florida Code / Title XXXIX / Chapter 683 / Section 683.336
683.336 Hot Car Death Prevention Month.
Status: in_force

(1) The month of April is designated as “Hot Car Death Prevention Month” to raise awareness of the dangers of leaving children in motor vehicles unattended and to educate the public in preventing hot car deaths of children.

(2) The Department of Children and Families, the Department of Health, the Department of Highway Safety and Motor Vehicles, local governments, and other agencies are encouraged to sponsor events that promote public awareness on the dangers of leaving a child unattended in a motor vehicle and methods to prevent hot car deaths of children, including educating the public relating to: (a) Proper motor vehicle safety for children; (b) The criminal penalties associated with leaving a child in a motor vehicle unattended or unsupervised; and (c) Steps a bystander can take to rescue a vulnerable child in imminent danger, as set forth in s. 768.139.

History: s. 2, ch. 2024-66.
Fla. Stat. § 290.00731 — Florida Code / Title XIX / Chapter 290 / Section 290.00731
290.00731 Enterprise zone designation for Citrus County.
Status: in_force

Citrus County may apply to the department for designation of one enterprise zone for an area within Citrus County. Notwithstanding s. 290.0065 limiting the total number of enterprise zones designated and the number of enterprise zones within a population category, the department may designate one enterprise zone under this section. The department shall establish the initial effective date of the enterprise zone designated under this section.

History: s. 19, ch. 2012-32; s. 51, ch. 2014-17.
Fla. Stat. § 265.701 — Florida Code / Title XVIII / Chapter 265 / Section 265.701
265.701 Cultural facilities; grants for acquisition, renovation, or construction; funding; approval; allocation.
Status: in_force

(1) The Division of Arts and Culture may accept and administer moneys appropriated to it for providing grants to counties, municipalities, and qualifying nonprofit corporations for the acquisition, renovation, or construction of cultural facilities.

(2) A county, municipality, or qualified corporation may apply for a grant of state funds for the acquisition, renovation, or construction of a cultural facility. For the purposes of this section, a “qualified corporation” is a corporation which is designated a not-for-profit corporation pursuant to s. 501(c)(3) or (4) of the Internal Revenue Code of 1954, and which is described in, and allowed to receive contributions pursuant to the provisions of, s. 170 of the Internal Revenue Code of 1954, and which is a corporation not for profit incorporated pursuant to chapter 617. The state grant must be matched by a contribution from the county, municipality, or nonprofit corporation in an amount to be determined by the Department of State.

(3) The Florida Council on Arts and Culture shall review each application for a grant to acquire, renovate, or construct a cultural facility which is submitted pursuant to subsection (2) and shall submit annually to the Secretary of State for approval lists of all applications that are recommended by the council for the award of grants, arranged in order of priority. The division may allocate grants only for projects that are approved or for which funds are appropriated by the Legislature. Projects approved and recommended by the Secretary of State which are not funded by the Legislature shall be retained on the project list for the following grant cycle only. All projects that are retained shall be required to submit such information as may be required by the department as of the established deadline date of the latest grant cycle in order to adequately reflect the most current status of the project.

(4) Any contract administered under this section shall require the recordation of a restrictive covenant by the grantee and property owner or the purchase of a bond as prescribed by rule to ensure that the facility continues to be used as a cultural facility for a period of 10 years following the grant award. If the facility ceases to be used as a cultural facility during the 10 years following the grant award, the grant funds shall be repaid to the department according to an amortization schedule set forth in rule.

(5) The Division of Arts and Culture shall adopt rules prescribing the criteria to be applied by the Florida Council on Arts and Culture in recommending applications for the award of grants and rules providing for the administration of this section.

History: s. 7, ch. 88-137; ss. 11, 13, ch. 90-267; s. 5, ch. 91-429; s. 10, ch. 2005-207; s. 43, ch. 2010-5; s. 8, ch. 2021-71.
Fla. Stat. § 92.233 — Florida Code / Title VII / Chapter 92 / Section 92.233
92.233 Compensation of witness summoned in two or more criminal cases.
Status: in_force

A witness subpoenaed in two or more criminal cases pending at the same time shall be paid one charge for per diem and mileage, but when the costs are taxed against the defendant, a witness may charge the full amount in each case.

History: s. 4, ch. 159, 1848; RS 2865; s. 1, ch. 5133, 1903; GS 3921; RGS 6020; CGL 8314; s. 102, ch. 70-339; s. 79, ch. 2003-402.
Fla. Stat. § 142.02 — Florida Code / Title XI / Chapter 142 / Section 142.02
142.02 Levy of a special tax.
Status: in_force

The board of county commissioners of every county may levy a special tax, not to exceed 2 mills, upon the real and personal property of the respective counties, to be assessed and collected as other county taxes are assessed and collected, for such costs of criminal prosecutions. Proceeds of the special tax funds shall be paid out only for criminal expenses, fees, and costs, if the crime was committed in the county, and the fees and costs are a legal claim against the county, in accordance with the provisions of this chapter. Any surplus funds remaining from the tax to fund criminal prosecutions at the end of a fiscal year may be transferred to the county general revenue fund.

History: s. 1, ch. 4323, 1895; s. 1, ch. 4672, 1899; GS 962; RGS 1775; CGL 2826; s. 82, ch. 2003-402.
Fla. Stat. § 418.23 — Florida Code / Title XXX / Chapter 418 / Section 418.23
418.23 Limitation on power of districts.
Status: in_force

The charter of any recreation district may contain such limitations and restrictions on any of the powers named in s. 418.22 as the governing body of the municipality or county may from time to time determine, but no such restriction shall result in impairing the ability of a district to carry out any contract made by such district prior to the adoption of such restriction.

History: s. 3, ch. 78-237.
Fla. Stat. § 625.3255 — Florida Code / Title XXXVII / Chapter 625 / Part II / Section 625.3255
625.3255 Capital participation instrument.
Status: in_force

An insurer may invest in any capital participation instrument or evidence of indebtedness issued by the Department of Commerce pursuant to the Florida Small and Minority Business Assistance Act.

History: ss. 16, 31, ch. 85-104; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 21, ch. 2007-157; s. 430, ch. 2011-142; s. 140, ch. 2023-173.
Fla. Stat. § 400.1415 — Florida Code / Title XXIX / Chapter 400 / Part II / Section 400.1415
400.1415 Patient records; penalties for alteration.
Status: in_force

(1) Any person who fraudulently alters, defaces, or falsifies any medical record or releases medical records for the purposes of solicitation or marketing the sale of goods or services absent a specific written release or authorization permitting utilization of patient information, or other nursing home record, or causes or procures any of these offenses to be committed, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A conviction under subsection (1) is also grounds for restriction, suspension, or termination of license privileges.

History: s. 5, ch. 93-217; s. 7, ch. 99-394; s. 11, ch. 2001-222; s. 142, ch. 2001-277.
Fla. Stat. § 215.655 — Florida Code / Title XIV / Chapter 215 / Section 215.655
215.655 Arbitrage Compliance Program, expenditures; schedule of fees.
Status: in_force

(1) There is created an Arbitrage Compliance Program to ensure compliance with the provisions of federal arbitrage laws.

(2) The division shall adopt by resolution a schedule of fees and expenses, to be paid by the governmental agency for which services were provided, which may be revised from time to time as conditions warrant, designed so that the Arbitrage Compliance Program will be reimbursed for general administrative expenses of the division as well as direct out-of-pocket expenses.

(3) Fees charged to a governmental agency for services other than those involved in issuing bonds may be collected directly by the division or by the State Board of Administration or other trustee of a bond issue.

History: s. 7, ch. 89-287; s. 3, ch. 93-162; s. 13, ch. 94-265.
Fla. Stat. § 740.02 — Florida Code / Title XLII / Chapter 740 / Section 740.02
740.02 Disclosure of content of electronic communications held in trust when trustee is not the original user.
Status: in_force

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:

(1) A written request for disclosure which is in physical or electronic form;

(2) A certified copy of the trust instrument, or a certification of trust under s. 736.1017, which includes consent to disclosure of the content of electronic communications to the trustee;

(3) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust; and

(4) If requested by the custodian: (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or (b) Evidence linking the account to the trust.

History: s. 12, ch. 2016-46.
Fla. Stat. § 509.4005 — Florida Code / Title XXXIII / Chapter 509 / Part I / Section 509.4005
509.4005 Applicability of ss. 509.401-509.417.
Status: in_force

Sections 509.401-509.417 apply only to guests in transient occupancy in a public lodging establishment.

History: ss. 27, 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. § 501.625 — Florida Code / Title XXXIII / Chapter 501 / Part IV / Section 501.625
501.625 Other individual remedies.
Status: in_force

In addition to any other penalties or remedies provided under law, a person who is injured by a violation of the provisions of this part may bring a civil action for recovery of actual damages and/or punitive damages, including costs, court costs, and attorney’s fees. No provision in this part shall be construed to limit any right or remedy provided under law.

History: ss. 1, 2, ch. 91-237; s. 4, ch. 91-429.
Fla. Stat. § 567.13 — Florida Code / Title XXXIV / Chapter 567 / Section 567.13
567.13 Sale by the package only.
Status: in_force

In any county that has voted “For Selling Intoxicating Liquors, Wines, or Beer” and also has voted to restrict such sale to “Sales by the Package Only” as herein provided, thereupon:

(1) It shall be unlawful for anyone to sell, or cause to be sold, any intoxicating liquors, wines, or beer not contained in sealed containers.

(2) It shall be unlawful for anyone who sells, or causes to be sold, any intoxicating liquors, wines, or beer to permit such intoxicating liquors, wines, or beer to be consumed on the premises where such intoxicating liquors, wines, or beer are sold or on any other premise under the control, either directly or indirectly, of the licensee.

(3) It shall be unlawful for anyone to consume any intoxicating liquors, wines, or beer on the premises where such intoxicating liquors, wines, or beer are sold or on any other premise under the control, either directly or indirectly, of the licensee.

History: s. 5, ch. 23747, 1947; s. 4, ch. 85-161.
Fla. Stat. § 298.20 — Florida Code / Title XXI / Chapter 298 / Section 298.20
298.20 Supervisors to fix compensation for work and employees.
Status: in_force

The board of supervisors, except where otherwise provided, shall, by resolution, at time of hiring or appointing, provide for the compensation for work done by any officer, engineer, attorney, or other employee and shall also pay the fees, and necessary expenses of all court and county officers who may, by virtue of this chapter, render service to said district. Reimbursement of travel expenses shall be made as provided by s. 112.061. It is understood that the ordinary fee statute does not apply to services rendered under this chapter by any county officer, but each such officer shall receive only a reasonable compensation for services actually rendered, the same to be fixed by the court in which the proceeding is pending, except where otherwise provided in this chapter, that said districts or petitioners for such corporations may prepare, write or print all copies of petitions, writs, orders, and decrees or other papers, and furnish same to the clerk or other officer for his or her use, and in such event said officer shall be entitled to receive as compensation for issuing the said writs and copies of petitions, decrees, orders, or other papers, only the reasonable value of the services actually rendered.

History: s. 37, ch. 6458, 1913; RGS 1134; CGL 1489; s. 19, ch. 63-400; s. 8, ch. 79-5; s. 264, ch. 95-148.
Fla. Stat. § 861.03 — Florida Code / Title XLVI / Chapter 861 / Section 861.03
861.03 Injuries to dams.
Status: in_force

Whoever willfully, maliciously, and unlawfully injures, removes or destroys any dam lawfully placed in or on any stream in this state for the purpose of propelling any kind of machinery, or willfully and maliciously makes any aperture or breach in such dam with intent to destroy or injure the same, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History: s. 1, ch. 4752, 1899; GS 3666; RGS 5609; CGL 7798; s. 1102, ch. 71-136.
Fla. Stat. § 733.811 — Florida Code / Title XLII / Chapter 733 / Part VIII / Section 733.811
733.811 Distribution; right or title of distributee.
Status: in_force

If a distributee receives from a fiduciary an instrument transferring assets in kind, payment in distribution, or possession of specific property, the distributee has succeeded to the estate’s interest in the assets as against all persons interested in the estate. However, the fiduciary may recover the assets or their value if the distribution was improper.

History: s. 1, ch. 74-106; s. 161, ch. 2001-226.
Fla. Stat. § 222.08 — Florida Code / Title XV / Chapter 222 / Section 222.08
222.08 Jurisdiction to set apart homestead and exemption.
Status: in_force

The circuit courts have equity jurisdiction to order and decree the setting apart of homesteads and of exemptions of personal property from forced sales.

History: s. 2, ch. 3246, 1881; RS 2005; GS 2527; RGS 3882; CGL 5789.