FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 255.513 — Florida Code / Title XVIII / Chapter 255 / Section 255.513
255.513 Powers of the Division of Bond Finance and the Department of Management Services.
Status: in_force

The Division of Bond Finance and the Department of Management Services are authorized to jointly:

(1) Engage the services of remarketing agents, indexing agents, underwriters, financial advisers, special tax counsel, bond counsel, or similar type services with respect to the issuance of any obligations under this act.

(2) Procure credit enhancements such as municipal bond insurance, debt service reserve insurance, lease payment insurance, letters of credit or liquidity facilities such as letters of credit or surety bonds, or to enter into rate protection agreements, such as interest rate swaps or similar arrangements, in conjunction with the issuance of any obligations under this act.

History: s. 4, ch. 85-349; s. 32, ch. 98-279.
Fla. Stat. § 222.14 — Florida Code / Title XV / Chapter 222 / Section 222.14
222.14 Exemption of cash surrender value of life insurance policies and annuity contracts from legal process.
Status: in_force

The cash surrender values of life insurance policies issued upon the lives of citizens or residents of the state and the proceeds of annuity contracts issued to citizens or residents of the state, upon whatever form, shall not in any case be liable to attachment, garnishment or legal process in favor of any creditor of the person whose life is so insured or of any creditor of the person who is the beneficiary of such annuity contract, unless the insurance policy or annuity contract was effected for the benefit of such creditor.

History: s. 1, ch. 10154, 1925; CGL 7066; s. 1, ch. 78-76.
Fla. Stat. § 461.018 — Florida Code / Title XXXII / Chapter 461 / Section 461.018
461.018 Limited scope of practice; area of need.
Status: in_force

Those persons holding valid certificates on October 1, 1991, who were certified pursuant to chapters 88-205 and 88-392, Laws of Florida, and who have been practicing under a board-approved protocol for at least 2 years are eligible to receive a license to practice podiatric medicine without supervision under their present limited scope of practice of the nonsurgical treatment of corns, calluses, and ingrown toenails in a specially designated area of need as provided by rule of the board.

History: s. 2, ch. 96-222; s. 75, ch. 97-264; s. 209, ch. 98-166.
Fla. Stat. § 768.0895 — Florida Code / Title XLV / Chapter 768 / Part I / Section 768.0895
768.0895 Limitation of liability for employers of persons with disabilities.
Status: in_force

(1) An employer who employs a person with a developmental disability is not liable for the acts or omissions, negligent or intentional, of the employee if: (a) The employee receives or has received supported employment services through a supported employment service provider; and (b) The employer does not have actual notice of the actions of the employee which created unsafe conditions in the workplace.

(2) A supported employment service provider that provides or has provided supported employment services to a person with a developmental disability is not liable for the actions or conduct of the person which occur within the scope of the person’s employment.

(3) As used in this section, the term: (a) “Developmental disability” has the same meaning as provided in s. 393.063. (b) “Supported employment service provider” means a not-for-profit public or private organization or agency that provides services for persons in supported employment, as defined in s. 393.063.

History: s. 1, ch. 2011-231.
Fla. Stat. § 673.3071 — Florida Code / Title XXXIX / Chapter 673 / Part III / Section 673.3071
673.3071 Notice of breach of fiduciary duty.
Status: in_force

(1) In this section, the term: (a) “Fiduciary” means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument. (b) “Represented person” means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph (a) is owed.

(2) If an instrument is taken from a fiduciary for payment or collection or for value, the taker has knowledge of the fiduciary status of the fiduciary, and the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply: (a) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person. (b) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is: 1. Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary; 2. Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or 3. Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person. (c) If an instrument is issued by the represented person or the fiduciary, as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty. (d) If an instrument is issued by the represented person or the fiduciary, as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is: 1. Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary; 2. Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or 3. Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.

History: s. 2, ch. 92-82.
Fla. Stat. § 90.957 — Florida Code / Title VII / Chapter 90 / Section 90.957
90.957 Testimony or written admissions of a party.
Status: in_force

A party may prove the contents of writings, recordings, or photographs by the testimony or deposition of the party against whom they are offered or by that party’s written admission, without accounting for the nonproduction of the original.

History: s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 504, ch. 95-147.
Fla. Stat. § 403.0874 — Florida Code / Title XXIX / Chapter 403 / Part I / Section 403.0874
403.0874 Air Pollution Control Trust Fund.
Status: in_force

(1) The Air Pollution Control Trust Fund is established in and administered by the Department of Environmental Protection.

(2) Funds to be credited to and uses of the trust fund shall be administered in accordance with ss. 320.03, 376.60, 403.0872, and 403.0873.

(3) Notwithstanding s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of a fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.

History: s. 3, ch. 2015-8.
Fla. Stat. § 501.0571 — Florida Code / Title XXXIII / Chapter 501 / Part I / Section 501.0571
501.0571 Commercial Weight-Loss Practices Act; definitions.
Status: in_force

As used in ss. 501.057-501.0581:

(1) “Examination” means any type of medical, psychological, or nutritional review of a consumer.

(2) “Supplement” means any type of vitamin, mineral, or other dietary additive which is recommended to be taken by a weight-loss provider.

(3) “Weight-loss location” means any place where a weight-loss program is provided by a weight-loss provider.

(4) “Weight-loss program” means any plan or procedure offered to encourage weight loss.

(5) “Weight-loss provider” means any person engaged in the business of offering services to consumers to assist them in losing weight and making oral or written statements, visual descriptions, advertisements, or other representations that have the capacity, tendency, or effect of leading consumers to believe that participation in a weight-loss program will result in weight loss.

History: s. 2, ch. 93-274.
Fla. Stat. § 455.214 — Florida Code / Title XXXII / Chapter 455 / Section 455.214
455.214 Limited licenses.
Status: in_force

(1) It is the intent of the Legislature that, absent a threat to the health, safety, and welfare of the public, the use of retired professionals in good standing to serve the indigent, underserved, or critical need populations of this state should be encouraged. To that end, the board, or the department when there is no board, may adopt rules to permit practice by retired professionals as limited licensees under this section.

(2) Any person desiring to obtain a limited license, when permitted by rule, shall submit to the board, or the department when there is no board, an application and fee, not to exceed $300, and an affidavit stating that the applicant has been licensed to practice in any jurisdiction in the United States for at least 10 years in the profession for which the applicant seeks a limited license. The affidavit shall also state that the applicant has retired or intends to retire from the practice of that profession and intends to practice only pursuant to the restrictions of the limited license granted pursuant to this section. If the applicant for a limited license submits a notarized statement from the employer stating that the applicant will not receive monetary compensation for any service involving the practice of his or her profession, the application and all licensure fees shall be waived.

(3) The board, or the department when there is no board, may deny limited licensure to an applicant who has committed, or is under investigation or prosecution for, any act which would constitute the basis for discipline pursuant to the provisions of this chapter or the applicable practice act.

(4) The recipient of a limited license may practice only in the employ of public agencies or institutions or nonprofit agencies or institutions which meet the requirements of s. 501(c)(3) of the Internal Revenue Code, and which provide professional liability coverage for acts or omissions of the limited licensee. A limited licensee may provide services only to the indigent, underserved, or critical need populations within the state. The standard for determining indigency shall be that recognized by the Federal Poverty Income Guidelines produced by the United States Department of Health and Human Services. The board, or the department when there is no board, may adopt rules to define underserved and critical need areas and to ensure implementation of this section.

(5) A board, or the department when there is no board, may provide by rule for supervision of limited licensees to protect the health, safety, and welfare of the public.

(6) Each applicant granted a limited license is subject to all the provisions of this chapter and the respective practice act under which the limited license is issued which are not in conflict with this section.

(7) This section does not apply to chapter 458 or chapter 459.

History: s. 14, ch. 92-149; s. 189, ch. 97-103; s. 11, ch. 97-261; s. 27, ch. 2000-160.
Fla. Stat. § 468.809 — Florida Code / Title XXXII / Chapter 468 / Part XIV / Section 468.809
468.809 Prohibitions; penalties.
Status: in_force

(1) A person may not: (a) Make a false or fraudulent statement in any application, affidavit, or statement presented to the board or in any proceeding before the board. (b) Practice orthotics, prosthetics, or pedorthics without a license or registration issued pursuant to this part unless otherwise exempt.

(2) A person who violates any provision of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History: s. 10, ch. 97-284; s. 8, ch. 2008-121.
Fla. Stat. § 634.141 — Florida Code / Title XXXVII / Chapter 634 / Part I / Section 634.141
634.141 Examination of companies.
Status: in_force

(1) Motor vehicle service agreement companies licensed under this part may be subject to periodic examination by the office in the same manner and subject to the same terms and conditions as apply to insurers under part II of chapter 624. The office is not required to conduct periodic examinations pursuant to this section, but may examine a service agreement company at its discretion. An examination conducted pursuant to this section may cover a period of only the most recent 5 years. The costs of examinations conducted pursuant to ss. 624.316(2)(e) and 624.3161(3) may not exceed 10 percent of the companies’ reported net income for the prior year. The commission may by rule establish provisions whereby a company may be exempted from examination.

(2) The office shall determine whether to conduct an examination of a company by considering: (a) The amount of time that the company has been continuously licensed and operating under the same management and control. (b) The company’s history of compliance with applicable law. (c) The number of consumer complaints against the company. (d) The financial condition of the company, demonstrated by the financial reports submitted pursuant to s. 634.137.

History: s. 14, ch. 59-110; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 17, 32, 33, ch. 82-234; ss. 23, 68, ch. 91-106; s. 20, ch. 93-195; s. 1432, ch. 2003-261; s. 17, ch. 2010-175; s. 3, ch. 2012-77.
Fla. Stat. § 177.29 — Florida Code / Title XII / Chapter 177 / Part II / Section 177.29
177.29 Powers and duties of the department.
Status: in_force

(1) The provisions of this part shall be administered by the department.

(2) In addition to such powers as may be specifically delegated to it under the provisions of this part, the department is authorized to perform the following functions: (a) To coordinate the efforts of all public and private agencies and organizations engaged in the making of tidal surveys and maps of the coastal areas of this state, with the object of avoiding unnecessary duplication and overlapping; (b) To serve as a coordinating state agency for any program of tidal surveying and mapping conducted by the Federal Government; (c) To assist any court, tribunal, administrative agency, or political subdivision, and to make available to them information, regarding tidal surveying and coastal boundary determinations; (d) To contract with federal, state, or local agencies or with private parties for the performance of any surveys, studies, investigations, or mapping activities, for preparation and publication of the results thereof, or for other authorized functions relating to the objectives of this part; (e) To develop permanent records of tidal surveys and maps of the state’s coastal areas; (f) To develop uniform specifications and regulations for tidal surveying and mapping coastal areas of the state; (g) To collect and preserve appropriate survey data from coastal areas; and (h) To act as a public repository for copies of coastal area maps and to establish a library of such maps and charts.

History: s. 5, ch. 74-56; s. 36, ch. 94-356.
Fla. Stat. § 501.2077 — Florida Code / Title XXXIII / Chapter 501 / Part II / Section 501.2077
501.2077 Violations involving senior citizen, person who has a disability, military servicemember, or the spouse or dependent child of a military servicemember; civil penalties; presumption.
Status: in_force

(1) As used in this section, the term: (a) “Major life activities” means functions associated with the normal activities of independent daily living, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (b) “Mental or educational impairment” means: 1. A mental or psychological disorder or specific learning disability. 2. An educational deficiency that substantially affects a person’s ability to read and comprehend the terms of any contractual agreement entered into. (c) “Military servicemember” means a person who is on active duty in, or a veteran of, the United States Armed Forces. 1. “Active duty” has the same meaning as provided in s. 250.01. 2. “Veteran” has the same meaning as provided in s. 1.01. (d) “Person who has a disability” means a person who has a mental or educational impairment that substantially limits one or more major life activities. (e) “Senior citizen” means a person who is 60 years of age or older.

(2) A person who is willfully using, or has willfully used, a method, act, or practice in violation of this part which victimizes or attempts to victimize a senior citizen or a person who has a disability is liable for a civil penalty of not more than $15,000 for each such violation if she or he knew or should have known that her or his conduct was unfair or deceptive.

(3) A person who is willfully using, or has willfully used, a method, act, or practice in violation of this part directed at a military servicemember or the spouse or dependent child of a military servicemember is liable for a civil penalty of not more than $15,000 for each such violation if she or he knew or should have known that her or his conduct was unfair or deceptive.

(4) An order of restitution or reimbursement based on a violation of this part committed against a senior citizen, a person who has a disability, a military servicemember, or the spouse or dependent child of a military servicemember has priority over the imposition of civil penalties for such violations pursuant to this section.

(5) Civil penalties collected pursuant to this section shall be deposited into the Legal Affairs Revolving Trust Fund of the Department of Legal Affairs and allocated solely to the Department of Legal Affairs for the purpose of preparing and distributing consumer education materials, programs, and seminars to benefit senior citizens, persons who have a disability, and military servicemembers or to further enforcement efforts.

History: s. 2, ch. 92-40; s. 10, ch. 93-38; s. 631, ch. 97-103; s. 6, ch. 2003-179; s. 1, ch. 2013-210.
Fla. Stat. § 322.025 — Florida Code / Title XXIII / Chapter 322 / Section 322.025
322.025 Driver improvement.
Status: in_force

The department may implement programs to improve the driving ability of the drivers of this state. Such programs may include, but shall not be limited to, safety awareness campaigns, driver training, and licensing improvement. Motorcycle driver improvement programs implemented pursuant to this section or s. 322.0255 may be funded by the motorcycle safety education fee collected pursuant to s. 320.08(1)(c), which shall be deposited in the Highway Safety Operating Trust Fund.

History: s. 1, ch. 87-161; s. 6, ch. 88-405; s. 71, ch. 93-120; s. 46, ch. 2000-152; ss. 46, 53, ch. 2007-73; s. 6, ch. 2009-14; s. 9, ch. 2009-20.
Fla. Stat. § 328.42 — Florida Code / Title XXIV / Chapter 328 / Part II / Section 328.42
328.42 Suspension or denial of a vessel registration due to support delinquency; dishonored checks.
Status: in_force

(1) The department shall work cooperatively with the Department of Revenue to establish an automated method for periodically disclosing information relating to current owners of registered vessels to the Department of Revenue, the state’s Title IV-D agency. The purpose of this subsection is to promote the public policy of this state relating to child support as established in s. 409.2551. The department shall, when directed by the court or the Department of Revenue pursuant to s. 409.2598, deny or suspend the vessel registration and suspend the vessel operating privilege of an owner found not to be in compliance with a support order, a subpoena, an order to show cause, or a written agreement with the Department of Revenue. The department shall issue or reinstate a registration and reinstate the operating privilege when notified by the court or the Department of Revenue that the owner has complied with the terms of the support order. The department is not liable for any registration denial or suspension, or suspension of operating privileges, resulting from the discharge of its duties under this section.

(2) The department may deny or cancel any vessel registration if the owner pays for the registration by a dishonored check.

History: s. 5, ch. 95-222; s. 52, ch. 99-248; s. 7, ch. 99-289; s. 24, ch. 2001-158; s. 3, ch. 2008-92.
Fla. Stat. § 744.477 — Florida Code / Title XLIII / Chapter 744 / Part VII / Section 744.477
744.477 Proceedings for removal of a guardian.
Status: in_force

Proceedings for removal of a guardian may be instituted by the court, by any surety or other interested person, or by the ward. Reasonable notice shall be given to the guardian. On the hearing, the court may enter an order that is proper considering the pleadings and the evidence.

History: s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 85, ch. 89-96; s. 59, ch. 90-271.
Fla. Stat. § 1005.39 — Florida Code / Title XLVIII / Chapter 1005 / Part III / Section 1005.39
1005.39 Continuing education and training for administrators and faculty.
Status: in_force

(1) The commission is authorized to ensure that the administrators of licensed institutions are qualified to conduct the operations of their respective positions and to require such administrators and faculty to receive continuing education and training as adopted by rule of the commission. The positions for which the commission may review qualifications and require continuing education and training may include the positions of chief administrator or officer, director of education or training, placement director, admissions director, and financial aid director and faculty members.

(2) The training of each administrator and faculty member shall be the type of training necessary to assure compliance with statutes and rules of the commission and the State Board of Education and with those of other state or federal agencies in relation to the responsibilities of the respective positions.

(3) The commission shall adopt general qualifications for each of the respective positions and establish guidelines for the minimum amount and type of continuing education and training to be required. The continuing education and training may be provided by the commission, appropriate state or federal agencies, or professional organizations familiar with the requirements of the particular administrative positions. The actual curricula should be left to the discretion of those agencies and organizations.

(4) Evidence of the administrator’s and faculty member’s compliance with the continuing education and training requirements established by the commission may be included in the initial and renewal application forms provided by the commission. Actual records of the continuing education and training received by administrators and faculty shall be maintained at the institution and available for inspection at all times.

(5) Qualifications of administrators and faculty in their respective fields, as well as continuing education and training, may be established by the commission as a condition of an application for licensure by a new institution or for renewal of a license.

History: s. 262, ch. 2002-387.