FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 213.235 — Florida Code / Title XIV / Chapter 213 / Section 213.235
213.235 Determination of interest on deficiencies.
Status: in_force

(1) Notwithstanding any other provision of law, the annual rate of interest applicable to tax payment deficiencies that arise on or after January 1, 2000, shall be the adjusted rate established by the executive director of the department under subsection (2), unless a lower rate for the particular tax is specifically provided for in law, in which case the lower rate applies. This annual rate of interest applies to all taxes enumerated in s. 213.05.

(2) If the adjusted prime rate charged by banks, rounded to the nearest full percent, plus 4 percentage points, during either: (a) The 6-month period ending on September 30 of any calendar year, or (b) The 6-month period ending on March 31 of any calendar year differs from the interest rate in effect on either such date, the executive director of the department shall, within 20 days, establish an adjusted rate of interest equal to such adjusted prime rate plus 4 percentage points.

(3) An adjusted rate of interest established under this section becomes effective: (a) On January 1 of the succeeding year, if based upon the adjusted prime rate plus 4 percentage points for the 6-month period ending on September 30; or (b) On July 1 of the same calendar year, if based upon the adjusted prime rate plus 4 percentage points for the 6-month period ending on March 31.

(4) As used in this section, the term “adjusted prime rate charged by banks” means the average predominant prime rate quoted by commercial banks to large businesses, as determined by the Board of Governors of the Federal Reserve System.

(5) Once established, an adjusted rate of interest remains in effect until further adjusted under subsection (2).

History: s. 7, ch. 99-239; s. 20, ch. 2000-355; s. 2, ch. 2003-395.
Fla. Stat. § 421.32 — Florida Code / Title XXX / Chapter 421 / Part I / Section 421.32
421.32 Rural housing projects.
Status: in_force

County housing authorities and regional housing authorities are specifically empowered and authorized to borrow money, accept grants and exercise their other powers to provide housing for farmers of low income and domestic farm labor as defined in s. 514 of the Federal Housing Act of 1949. In connection with such projects, any such housing authority may enter into such leases or purchase agreements, accept such conveyances and rent or sell dwellings forming part of such projects to or for farmers of low income, as such housing authority deems necessary in order to assure the achievement of the objectives of this law. Such leases, agreements or conveyances may include such covenants as the housing authority deems appropriate regarding such dwellings and the tracts of land described in any such instrument, which covenants shall be deemed to run with the land where the housing authority deems it necessary and the parties to such instrument so stipulate. In providing housing for farmers of low income, county housing authorities and regional housing authorities shall not be subject to the limitations provided in ss. 421.08(3) and 421.10(3). Nothing contained in this section shall be construed as limiting any other powers of any housing authority.

History: s. 1, ch. 20220, 1941; s. 3, ch. 65-223.
Fla. Stat. § 472.0075 — Florida Code / Title XXXII / Chapter 472 / Section 472.0075
472.0075 Contacting board through department.
Status: in_force

The board may be contacted through the headquarters of the department in the City of Tallahassee.

History: s. 6, ch. 2009-66.
Fla. Stat. § 157.04 — Florida Code / Title XI / Chapter 157 / Section 157.04
157.04 Bond required before letting contract.
Status: in_force

Before letting contract for the construction of any such ditch, drain or canal, the board of county commissioners shall require the contractor to give a good and sufficient bond payable to the Governor of the state, for the construction and completion of said work according to plans and specifications and the terms and provisions of the contract.

History: s. 4, ch. 5035, 1901; GS 953; s. 4, ch. 6457, 1913; RGS 1737; CGL 2788.
Fla. Stat. § 28.45 — Florida Code / Title V / Chapter 28 / Section 28.45
28.45 Provision of financial data to Executive Office of the Governor.
Status: in_force

Each clerk of court shall provide financial data concerning his or her expenditures for court-related duties, including expenditures for court-related information technology, to the Executive Office of the Governor for the purposes contained in ch. 2009-74, Laws of Florida, or similar legislation.

History: s. 17, ch. 2009-204.
Fla. Stat. § 876.04 — Florida Code / Title XLVI / Chapter 876 / Section 876.04
876.04 Allowing unlawful assembly in building prohibited.
Status: in_force

No owner, agent, superintendent, janitor, caretaker, or occupant of any place, building, or room, shall willfully and knowingly permit therein any assemblage of persons prohibited by s. 876.03, and if such person after notification that the premises are so used permits such use to be continued he or she shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History: s. 4, ch. 20216, 1941; s. 1139, ch. 71-136; s. 1413, ch. 97-102.
Fla. Stat. § 655.965 — Florida Code / Title XXXVIII / Chapter 655 / Section 655.965
655.965 Preemption; prohibition.
Status: in_force

Except as expressly provided, the provisions of this section and ss. 655.960-655.964 supersede and preempt all rules, regulations, codes, or ordinances of any city, county, municipality, or other political subdivision of this state, and of any local agency regarding customer safety at automated teller machines located in this state.

History: s. 1, ch. 94-343.
Fla. Stat. § 607.1509 — Florida Code / Title XXXVI / Chapter 607 / Part I / Section 607.1509
607.1509 Resignation of registered agent of foreign corporation.
Status: in_force

(1) A registered agent may resign as agent for a foreign corporation by delivering to the department for filing a signed statement of resignation containing the name of the foreign corporation.

(2) After delivering the statement of resignation to the department for filing, the registered agent must promptly mail a copy to the foreign corporation at its current mailing address.

(3) A registered agent is terminated upon the earlier of: (a) The 31st day after the department files the statement of resignation; or (b) When a statement of change or other record designating a new registered agent is filed with the department.

(4) When a statement of resignation takes effect, the registered agent ceases to have responsibility for a matter thereafter tendered to it as agent for the foreign corporation. The resignation does not affect contractual rights that the foreign corporation has against the agent or that the agent has against the foreign corporation.

(5) A registered agent may resign from a foreign corporation regardless of whether the foreign corporation has active status.

History: s. 144, ch. 89-154; s. 164, ch. 90-179; s. 42, ch. 93-281; s. 40, ch. 97-102; s. 206, ch. 2019-90; s. 60, ch. 2020-32.
Fla. Stat. § 403.9425 — Florida Code / Title XXIX / Chapter 403 / Part VIII / Section 403.9425
403.9425 Revocation or suspension of certification.
Status: in_force

Any certification may be revoked or suspended:

(1) For any material false statement in the application or in the supplemental or additional statements of fact or studies required of the applicant when a true answer would have warranted the board’s refusal to recommend a certification in the first instance.

(2) For failure to comply with the terms or conditions of the certification.

(3) For violation of the provisions of ss. 403.9401-403.9425 or rules or orders issued thereunder.

History: s. 1, ch. 92-284.
Fla. Stat. § 526.305 — Florida Code / Title XXXIII / Chapter 526 / Part I / Section 526.305
526.305 Discriminatory practices unlawful; exceptions.
Status: in_force

(1) It is unlawful for any person engaged in commerce in this state: (a) To sell for resale any grade of motor fuel at a price lower than the price at which the seller contemporaneously sells motor fuel of like grade and quality to another person on the same level of distribution, in the same class of trade, and within the same relevant geographic market as the purchaser; or (b) To knowingly receive for resale any grade of motor fuel at a price lower than the price at which the seller from which the motor fuel is purchased or received contemporaneously sells motor fuel of like grade and quality to another person on the same level of distribution, in the same class of trade, and within the same relevant geographic market as the purchaser; where the effect is to injure competition.

(2) A sale of motor fuel of like grade and quality at different prices to persons at the same level of distribution is not a violation of this section if the difference in price is due to a difference in the cost of sale or delivery resulting from differing methods or quantities in which the grade of motor fuel is sold or delivered.

(3) Subject to the limitations of s. 526.304(3), a sale made in good faith to meet an equally low price of a competitor selling motor fuel of like grade which can be used in the same motor vehicle is not a violation of this section.

(4) It is unlawful for a refiner to sell any grade of motor fuel to a wholesaler under written contract at a price, after adding federal, state, and local taxes and inspection fees, which is higher than the net price, after deducting all allowances, rebates, and discounts, at which the refiner contemporaneously sells motor fuel of like grade and quality to a dealer in competition with any retail outlet supplied by such wholesaler, where the effect is to injure competition; except to the extent that the difference in price is attributable to a rebate, rent subsidy, or other concession which is offered to the wholesaler on proportionately equal or comparable terms.

(5) An isolated, inadvertent incident involving the activity prohibited pursuant to subsection (1) or subsection (4) shall not be a violation of this act.

History: s. 5, ch. 85-74; s. 70, ch. 87-225; s. 3, ch. 91-247.
Fla. Stat. § 678.5041 — Florida Code / Title XXXIX / Chapter 678 / Part V / Section 678.5041
678.5041 Duty of securities intermediary to maintain financial asset.
Status: in_force

(1) A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements it has established in favor of its entitlement holders with respect to that financial asset. The securities intermediary may maintain those financial assets directly or through one or more other securities intermediaries.

(2) Except to the extent otherwise agreed by its entitlement holder, a securities intermediary may not grant any security interests in a financial asset it is obligated to maintain pursuant to subsection (1).

(3) A securities intermediary satisfies the duty in subsection (1) if: (a) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or (b) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to obtain and maintain the financial asset.

(4) This section does not apply to a clearing corporation that is itself the obligor of an option or similar obligation to which its entitlement holders have security entitlements.

History: s. 5, ch. 98-11.
Fla. Stat. § 667.011 — Florida Code / Title XXXVIII / Chapter 667 / Section 667.011
667.011 Loan expenses.
Status: in_force

Every savings bank may require borrowers to pay all reasonable expenses incurred in connection with the making, closing, disbursing, extending, readjusting, or renewing of real estate loans. Without limiting the generality of the foregoing, such expenses may include appraisal, attorney, abstract, recording, and registration fees; title examination; title insurance; mortgage loan insurance; credit report; survey; drawing of papers; escrow services; loan closing costs; and taxes or charges imposed upon or in connection with the making and recording of any loan. Every savings bank also may require borrowers to pay the cost of all other necessary and incidental services rendered by the savings bank or by others in connection with real estate and other loans in such reasonable amounts as may be fixed by the board of directors. Without limiting the generality of the foregoing, such costs may include the costs of services of inspectors, engineers, and architects. Such initial charges may be collected by the savings bank from the borrower and paid to any person, including any director, officer, or employee of the savings bank rendering such services, or paid directly by the borrower. In lieu of such initial charges to cover such expenses and costs, a savings bank may make a reasonable charge, part or all of which may be retained by the savings bank which renders such service or part or all of which may be paid to others who render such services. The fees and charges authorized by this chapter shall be in addition to interest authorized by law and shall not be deemed to be a part of the interest collected or agreed to be paid on such loans within the meaning of any law of this state which limits the rate of interest which may be exacted in any transaction. No director, officer, or employee of a savings bank shall receive any fee or other compensation of any kind in connection with procuring any loan for a savings bank, except for services actually rendered as provided in this section.

History: s. 15, ch. 97-30.
Fla. Stat. § 768.1315 — Florida Code / Title XLV / Chapter 768 / Part I / Section 768.1315
768.1315 Good Samaritan Volunteer Firefighters’ Assistance Act; immunity from civil liability.
Status: in_force

(1) SHORT TITLE. — This section may be cited as the “Good Samaritan Volunteer Firefighters’ Assistance Act.”

(2) DEFINITIONS. — As used in this section, the term: (a) “Authorized technician” means a technician who is certified by the manufacturer of fire control or fire rescue equipment as qualified to inspect that equipment. The technician may not be employed by the state agency or subdivision administering the distribution of the fire control or fire rescue equipment. (b) “Qualified fire control or fire rescue equipment” means equipment used for fire control or fire rescue which has been recertified by an authorized technician as meeting the manufacturer’s specifications and which is distributed by or through a state agency or subdivision to a volunteer fire department. (c) “State agency or subdivision” shall have the meaning provided in s. 768.28(2).

(3) LIMITATION OF LIABILITY. — A state agency or subdivision, including an officer, employee, or agent thereof, who is acting within the scope of his or her employment or function, which donates qualified fire control or fire rescue equipment to a volunteer fire department is not liable for civil damages under any state law for personal injury, property damage, or death proximately caused after the donation by a defect in the equipment.

(4) EXCEPTIONS TO LIABILITY PROTECTION. — Subsection (3) does not apply to a state agency or subdivision, or an officer, employee, or agent thereof, if: (a) The defect that proximately caused the personal injury, property damage, or death resulted from: 1. An act or omission of an officer, employee, or agent of the state agency or subdivision which constitutes malice, gross negligence, recklessness, or intentional misconduct; or 2. A modification or alteration of the qualified fire control or fire rescue equipment by the state agency or subdivision, or by an officer, employee, or agent thereof, after the equipment was recertified by an authorized technician as meeting the manufacturer’s specifications. (b) The state agency or subdivision is the manufacturer of the qualified fire control or fire rescue equipment.

Nothing in this section shall be construed as a waiver of sovereign immunity.

History: s. 1, ch. 2004-368.
Fla. Stat. § 559.10 — Florida Code / Title XXXIII / Chapter 559 / Part II / Section 559.10
559.10 Definition; “budget planning.”
Status: in_force

(1) The term “budget planning” as used in this part shall mean the act of entering into a contract by any person, firm, corporation, or association with a particular debtor by the terms of which contract the debtor agrees to deposit periodically with such person, firm, corporation, or association a specified sum of money and said person, firm, corporation, or association agrees to distribute said sum of money among specified creditors of the debtor in accordance with an agreed plan for which service the debtor agrees to pay a valuable consideration.

(2) The term “budget planning” does not include the following: (a) The act of entering into a contract for services by any person, firm, corporation, or association with a particular mortgagor by the terms of which contract the mortgagor agrees to periodically deposit with such person, firm, corporation, or association, a specified sum of money and said person, firm, corporation, or association agrees to utilize said deposits to accelerate payments on a single mortgage loan of the mortgagor. (b) Other activities defined by rule of the Financial Services Commission as not within the prohibition of this part, provided such rule is adopted after a finding that consumers are adequately protected in the activity and that its prohibition is not required in the public interest.

History: s. 1, ch. 59-345; s. 5, ch. 90-104; s. 671, ch. 2003-261; s. 81, ch. 2013-18.
Fla. Stat. § 320.417 — Florida Code / Title XXIII / Chapter 320 / Section 320.417
320.417 Foreclosure of liens.
Status: in_force

The department may file an action in the name of the state to foreclose the liens provided for in this chapter. The procedure shall be the same as the procedure for foreclosure of mortgages on real estate. A certificate of the department setting forth the amount of taxes due shall be prima facie evidence of the matter therein contained. The action may be instituted at any time after the lien becomes effective and before it is barred under chapter 95. The title to the land conveyed by such deed shall be indefeasible as to all parties defendant in the action.

History: s. 43, ch. 87-198.
Fla. Stat. § 738.403 — Florida Code / Title XLII / Chapter 738 / Section 738.403
738.403 Business or other activity conducted by fiduciary.
Status: in_force

(1) This section applies to a business or other activity conducted by a fiduciary if the fiduciary determines that it is in the best interests of the beneficiaries to account separately for the business or other activity instead of: (a) Accounting for the business or other activity as part of the fiduciary’s general accounting records; or (b) Conducting the business or other activity through an entity described in s. 738.401(1)(b).

(2) A fiduciary may account separately under this section for the transactions of a business or another activity, regardless of whether assets of the business or other activity are segregated from other assets held by the fiduciary.

(3) A fiduciary who accounts separately under this section for a business or other activity: (a) May determine: 1. The extent to which the net cash receipts of the business or other activity must be retained for: a. Working capital; b. The acquisition or replacement of fixed assets; and c. Other reasonably foreseeable needs of the business or other activity; and 2. The extent to which the remaining net cash receipts are accounted for as principal or income in the fiduciary’s general accounting records for the trust. (b) May make a determination under paragraph (a) separately and differently from the fiduciary’s decisions concerning distributions of income or principal; and (c) Shall account for the net amount received from the sale of an asset of the business or other activity, other than a sale in the ordinary course of the business or other activity, as principal in the fiduciary’s general accounting records for the trust, to the extent the fiduciary determines that the net amount received is no longer required in the conduct of the business or other activity.

(4) Activities for which a fiduciary may account separately under this section include: (a) Retail, manufacturing, service, and other traditional business activities. (b) Farming. (c) Raising and selling livestock and other animals. (d) Managing rental properties. (e) Extracting minerals and other natural resources. (f) Growing and cutting timber. (g) An activity to which s. 738.414, s. 738.415, or s. 738.416 applies. (h) Any other business conducted by the fiduciary.

History: s. 1, ch. 2002-42; s. 14, ch. 2012-49; s. 22, ch. 2024-216.
Fla. Stat. § 468.353 — Florida Code / Title XXXII / Chapter 468 / Part V / Section 468.353
468.353 Board of Respiratory Care; powers and duties.
Status: in_force

(1) The board is authorized to establish minimum standards for the delivery of respiratory care services and to adopt those rules necessary to administer this part.

(2) The board may administer oaths, summon witnesses, and take testimony in all matters relating to its duties under this part.

(3) The board may adopt rules to administer this part, including rules governing the investigation, inspection, and review of schools and colleges that offer courses in respiratory care in order to ascertain their compliance with standards established by the board or appropriate accrediting agencies.

History: ss. 1, 2, 3, ch. 84-252; ss. 4, 5, ch. 91-429; s. 25, ch. 95-146; s. 177, ch. 99-397.
Fla. Stat. § 462.023 — Florida Code / Title XXXII / Chapter 462 / Section 462.023
462.023 Powers and duties of the department.
Status: in_force

The department may adopt such rules as are necessary to carry out the purposes of this chapter, initiate disciplinary action as provided by this chapter, and shall establish fees based on its estimates of the revenue required to administer this chapter but shall not exceed the fee amounts provided in this chapter. The department shall not adopt any rules which would cause any person who was not licensed in accordance with this chapter on July 1, 1959, and had not been a resident of the state for 2 years prior to such date, to become licensed.

History: ss. 2, 13, ch. 85-303; s. 4, ch. 91-429.
Fla. Stat. § 736.0415 — Florida Code / Title XLII / Chapter 736 / Part IV / Section 736.0415
736.0415 Reformation to correct mistakes.
Status: in_force

Upon application of a settlor or any interested person, the court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intent if it is proved by clear and convincing evidence that both the accomplishment of the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement. In determining the settlor’s original intent, the court may consider evidence relevant to the settlor’s intent even though the evidence contradicts an apparent plain meaning of the trust instrument.

History: s. 4, ch. 2006-217.