FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 607.1435 — Florida Code / Title XXXVI / Chapter 607 / Part I / Section 607.1435
607.1435 Provisional director.
Status: in_force

(1) In a proceeding under s. 607.1430, a provisional director may be appointed in the discretion of the court if it appears that such action by the court will remedy the grounds alleged by the complaining shareholder to support the jurisdiction of the court under s. 607.1430. A provisional director may be appointed notwithstanding the absence of a vacancy on the board of directors, and such director shall have all the rights and powers of a duly elected director, including the right to notice of and to vote at meetings of directors, until such time as the provisional director is removed by order of the court or, unless otherwise ordered by a court, removed by a vote of the shareholders sufficient either to elect a majority of the board of directors or, if greater than majority voting is required by the articles of incorporation or the bylaws, to elect the requisite number of directors needed to take action. A provisional director shall be an impartial person who is neither a shareholder nor a creditor of the corporation or of any subsidiary or affiliate of the corporation, and whose further qualifications, if any, may be determined by the court.

(2) A provisional director shall report from time to time to the court concerning the matter complained of, or the status of the deadlock, if any, and of the status of the corporation’s business, as the court shall direct. No provisional director shall be liable for any action taken or decision made, except as directors may be liable under s. 607.0831. In addition, the provisional director shall submit to the court, if so directed, recommendations as to the appropriate disposition of the action. Whenever a provisional director is appointed, any officer or director of the corporation may, from time to time, petition the court for instructions clarifying the duties and responsibilities of such officer or director.

(3) In any proceeding under which a provisional director is appointed pursuant to this section, the court shall allow reasonable compensation to the provisional director for services rendered and reimbursement or direct payment of reasonable costs and expenses, which amounts shall be paid by the corporation.

History: s. 10, ch. 94-327; s. 194, ch. 2019-90.
Fla. Stat. § 138.09 — Florida Code / Title XI / Chapter 138 / Section 138.09
138.09 Canvass of votes of second election; establishing county seat.
Status: in_force

The county commissioners shall, within 5 days after the election provided for in s. 138.07 is held, meet and publicly canvass the same; and the place receiving the majority of all the votes cast shall be the county seat for the next 10 years. The county commissioners shall erect a courthouse as soon as possible and provide suitable offices for all the county officers who are required by law to keep their offices at the courthouse at the place so selected as the county seat.

History: s. 9, ch. 6239, 1911; RGS 1586; CGL 2434; s. 1, ch. 82-43.
Fla. Stat. § 468.5245 — Florida Code / Title XXXII / Chapter 468 / Part XI / Section 468.5245
468.5245 Change of ownership.
Status: in_force

(1) A license or registration issued to any entity under this part may not be transferred or assigned. The board shall adopt rules to provide for a licensee’s or registrant’s change of name or location.

(2) A person or entity that seeks to purchase or acquire control of an employee leasing company or group licensed or registered under this part must first apply to the board for a certificate of approval for the proposed change of ownership. However, prior approval is not required if, at the time the purchase or acquisition occurs, a controlling person of the employee leasing company or group maintains a controlling person license under this part. Notification must be provided to the board within 30 days after the purchase or acquisition of such company in the manner prescribed by the board.

(3) Any application that is submitted to the board under this section shall be deemed approved if the board has not approved the application or rejected the application, and provided the applicant with the basis for a rejection, within 90 days after the receipt of the completed application.

(4) The board shall establish filing fees for a change-of-ownership application in accordance with s. 468.524(1).

History: s. 36, ch. 94-119; s. 1, ch. 2010-126.
Fla. Stat. § 815.01 — Florida Code / Title XLVI / Chapter 815 / Section 815.01
815.01 Short title.
Status: in_force

The provisions of this act shall be known and may be cited as the “Florida Computer Crimes Act.”

History: s. 1, ch. 78-92.
Fla. Stat. § 408.12 — Florida Code / Title XXIX / Chapter 408 / Part I / Section 408.12
408.12 Patient overpayments; refunds.
Status: in_force

(1) A licensee who tenders charges for reimbursement shall refund to the patient the amount of any overpayment made by the patient to the licensee no later than 30 days after the date that the licensee determines that such overpayment was made. For purposes of this section, the term “tenders charges for reimbursement” means the licensee files a claim for reimbursement with any government-sponsored program or private health insurer or health maintenance organization for services rendered to the patient.

(2) This section does not apply to an overpayment subject to s. 627.6131 or s. 641.3155.

(3) A licensee who violates this section is subject to an administrative fine under s. 408.813.

History: s. 1, ch. 2025-48.
Fla. Stat. § 392.58 — Florida Code / Title XXIX / Chapter 392 / Section 392.58
392.58 Service of notice and processes; duties of sheriff.
Status: in_force

(1) All notices required to be given, warrants, petitions, processes issued, and orders entered pursuant to s. 392.55, s. 392.56, or s. 392.57 shall be served by the sheriff of the county in which the person alleged to be infected with tuberculosis resides or is found.

(2) The judge, in his or her order for hospitalization or placement in another health care or residential facility under s. 392.56, shall direct the sheriff of the county in which such person resides or is found to take the person into his or her custody and immediately deliver him or her to the director of the facility named in the order.

History: s. 1, ch. 88-389; s. 1, ch. 88-398; s. 698, ch. 95-148.
Fla. Stat. § 634.343 — Florida Code / Title XXXVII / Chapter 634 / Part II / Section 634.343
634.343 Civil liability.
Status: in_force

The provisions of this part are cumulative to rights under the general civil and common law, and no action of the department or office will abrogate such rights to damages or other relief in any court.

History: s. 29, ch. 83-323; s. 1, ch. 84-94; s. 20, ch. 93-195; s. 1482, ch. 2003-261.
Fla. Stat. § 718.118 — Florida Code / Title XL / Chapter 718 / Part I / Section 718.118
718.118 Equitable relief.
Status: in_force

In the event of substantial damage to or destruction of all or a substantial part of the condominium property, and if the property is not repaired, reconstructed, or rebuilt within a reasonable period of time, any unit owner may petition a court for equitable relief, which may include a termination of the condominium and a partition.

History: s. 1, ch. 76-222.
Fla. Stat. § 561.424 — Florida Code / Title XXXIV / Chapter 561 / Section 561.424
561.424 Vinous beverages; in-store servicing authorized.
Status: in_force

(1) It is the finding of the Legislature that the in-store servicing of wine by a distributor is a necessary part of a distributor’s function and responsibility to a vendor. It is further the finding of the Legislature that the in-store servicing of wine by a distributor is not intended by the distributor to induce a vendor to purchase wine from the distributor nor does the distributor intend to provide any financial assistance to a vendor by providing such in-store servicing to the vendor. In addition, it is the finding of the Legislature that in-store servicing of wine by a distributor is a normal trade or business practice which has substantially contributed to the increase in sales of wine resulting in a substantial benefit to the state by increased tax revenues resulting from the increased sales, and therefore is not a rendering of financial assistance to a vendor or an inducement to purchase wine.

(2) Nothing in s. 561.42 or any other provision of the alcoholic beverage law prohibits a distributor of wine from providing in-store servicing of wine sold by the distributor to a vendor.

(3) As used in this section, the term “in-store servicing” means: (a) Placing wine on the vendor’s shelves and maintaining the appearance and display of the wine on the vendor’s shelves in the vendor’s licensed premises. (b) Placing the wine that is not shelved or displayed in a storage area designated by the vendor, which is located in the vendor’s licensed premises. (c) Rotating vinous beverages. (d) Price stamping vinous beverages in the vendor’s licensed premises.

History: s. 3, ch. 77-192; s. 1, ch. 2024-81.
Fla. Stat. § 23.20 — Florida Code / Title IV / Chapter 23 / Part II / Section 23.20
23.20 Legislative intent with respect to paperwork reduction.
Status: in_force

The Legislature finds that:

(1) The paperwork burden associated with collecting information from individuals, private sector organizations, and local governments may have a significant economic impact on these entities as they attempt to comply with the state’s information reporting requirements.

(2) These information-reporting requirements are found in most interactions between state government and these entities, such as application and permitting processes, title registration, various licensure processes, environmental monitoring, growth management, and tax collection.

(3) The failure of state agencies to identify information they are collecting and to share that information with other agencies, as well as with local governments, has increased the paperwork burden on other entities.

(4) The state must minimize the paperwork burden by evaluating its need for information, determining whether it already has access to the necessary information, and coordinating data collection initiatives at their source.

(5) The collection of information by state government must be done in a manner that balances the efficiency and cost-effectiveness of government with the cost and convenience to individuals, private sector organizations, and local governments providing the information.

History: s. 3, ch. 96-390.
Fla. Stat. § 201.01 — Florida Code / Title XIV / Chapter 201 / Section 201.01
201.01 Documents taxable, generally.
Status: in_force

There shall be levied, collected, and paid the taxes specified in this chapter, for and in respect to the several documents, bonds, debentures or certificates of stock and indebtedness, and other documents, instruments, matters, writings, and things described in the following sections, or for or in respect of the vellum, parchment, paper, or any other medium whether tangible, electronic, or otherwise, upon which such document, instrument, matter, writing, or thing, or any of them, is written, printed, or created electronically or otherwise, by any person who makes, signs, executes, issues, sells, removes, consigns, assigns, records, or ships the same, or for whose benefit or use the same are made, signed, executed, issued, sold, removed, consigned, assigned, recorded, or shipped in the state. Unless exempt under s. 201.24 or under any state or federal law, if the United States, the state, or any political subdivision of the state is a party to a document taxable under this chapter, any tax specified in this chapter shall be paid by a nonexempt party to the document. The documentary stamp taxes shall be paid on all recordable instruments requiring documentary stamp tax according to law, prior to recordation. With respect to mortgages or trust deeds which do not incorporate the certificate of indebtedness, a notation shall be made on the note or certificate that the tax has been paid on the mortgage or trust deed.

History: s. 1, ch. 15787, 1931; CGL 1936 Supp. 1279(111); s. 1, ch. 61-278; s. 1, ch. 77-414; s. 6, ch. 87-102; s. 5, ch. 96-395; s. 2, ch. 2007-233.
Fla. Stat. § 40.50 — Florida Code / Title V / Chapter 40 / Section 40.50
40.50 Jury duty and instructions in civil cases.
Status: in_force

(1) In any civil action immediately after the jury is sworn, the court shall instruct the jury concerning its duties, its conduct, the order of proceedings, the procedure for submitting written questions of witnesses, and the legal issues involved in the proceeding.

(2) In any civil action which the court determines is likely to exceed 5 days, the court shall instruct that the jurors may take notes regarding the evidence and keep the notes to refresh their memories and to use during recesses and deliberations. The court may provide materials suitable for this purpose. The court should emphasize the confidentiality of the notes. After the jury has rendered its verdict, any notes shall be collected by the bailiff or clerk who shall promptly destroy them.

(3) The court shall permit jurors to submit to the court written questions directed to witnesses or to the court. The court shall give counsel an opportunity to object to such questions outside the presence of the jury. The court may, as appropriate, limit the submission of questions to witnesses.

(4) The court shall instruct the jury that any questions directed to witnesses or the court must be in writing, unsigned, and given to the bailiff. If the court determines that the juror’s question calls for admissible evidence, the question may be asked by court or counsel in the court’s discretion. Such question may be answered by stipulation or other appropriate means, including, but not limited to, additional testimony upon such terms and limitations as the court prescribes. If the court determines that the juror’s question calls for inadmissible evidence, the question shall not be read or answered. If the court rejects a juror’s question, the court should tell the jury that trial rules do not permit some questions and that the jurors should not attach any significance to the failure of having their question asked.

(5) The court may give final instructions to the jury before closing arguments of counsel to enhance jurors’ ability to apply the law to the facts. In that event, the court may withhold giving the necessary procedural and housekeeping instructions until after closing arguments.

History: s. 1, ch. 99-225.
Fla. Stat. § 560.1235 — Florida Code / Title XXXIII / Chapter 560 / Part I / Section 560.1235
560.1235 Anti-money laundering requirements.
Status: in_force

(1) A licensee and authorized vendor must comply with all state and federal laws and rules relating to the detection and prevention of money laundering, including, as applicable, s. 560.123, and 31 C.F.R. ss. 1010.306, 1010.311, 1010.312, 1010.313, 1010.340, 1010.410, 1010.415, 1022.320, 1022.380, and 1022.410.

(2) A licensee and authorized vendor must maintain an anti-money laundering program in accordance with 31 C.F.R. s. 1022.210. The program must be reviewed and updated as necessary to ensure that the program continues to be effective in detecting and deterring money laundering activities.

(3) A licensee must comply with United States Treasury Interpretive Release 2004-1.

History: s. 18, ch. 2008-177; s. 3, ch. 2014-81.
Fla. Stat. § 641.446 — Florida Code / Title XXXVII / Chapter 641 / Part II / Section 641.446
641.446 Cease and desist and penalty orders.
Status: in_force

After the hearing provided in s. 641.445, the office shall enter a final order in accordance with s. 120.569. If it is determined that the person, entity, or prepaid health clinic charged has engaged in an unfair or deceptive act or practice or the unlawful operation of a prepaid health clinic, the office also shall issue an order requiring the violator to cease and desist from engaging in such method of competition, act, or practice or unlawful operation of a prepaid health clinic. Furthermore, the office may, at its discretion, order any one or more of the following:

(1) The suspension or revocation of the certificate of authority of the prepaid health clinic if it knew, or reasonably should have known, that it was in violation of this part.

(2) If it is determined that the person or entity charged has engaged in the business of operating a prepaid health clinic without a certificate of authority, an administrative penalty not to exceed $1,000 for each prepaid health clinic contract offered or effectuated.

History: ss. 10, 11, ch. 84-313; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 288, ch. 96-410; s. 1616, ch. 2003-261.
Fla. Stat. § 316.430 — Florida Code / Title XXIII / Chapter 316 / Section 316.430
316.430 Multiple-beam road-lighting equipment.
Status: in_force

(1) Every motorcycle other than a motor-driven cycle shall be equipped with multiple-beam road-lighting equipment.

(2) Such equipment shall: (a) Reveal persons and vehicles at a distance of at least 300 feet ahead when the uppermost distribution of light is selected; (b) Reveal persons and vehicles at a distance of at least 150 feet ahead when the lowermost distribution of light is selected. On a straight, level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

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

History: s. 1, ch. 71-135; s. 1, ch. 76-31; s. 227, ch. 99-248.
Fla. Stat. § 157.10 — Florida Code / Title XI / Chapter 157 / Section 157.10
157.10 Application to lateral ditches.
Status: in_force

The provisions of this chapter with reference to locating, surveying, cutting and maintaining the same, and every other provision of said chapter with reference to such public ditch, drain or canal, are made applicable to all lateral ditches and drains that may be deemed necessary or expedient for the drainage and benefit of lands lying in the vicinity of such public ditch, drain or canal, that may be reached, drained or benefited by lateral ditches or drains.

History: s. 12, ch. 5201, 1903; GS 959; RGS 1744; CGL 2795.
Fla. Stat. § 414.56 — Florida Code / Title XXX / Chapter 414 / Section 414.56
414.56 Office of Continuing Care.
Status: in_force

The department shall establish an Office of Continuing Care to ensure young adults who age out of the foster care system between 18 and 21 years of age, or 22 years of age with a documented disability, have a point of contact until the young adult reaches the age of 26 in order to receive ongoing support and care coordination needed to achieve self-sufficiency. Duties of the office include, but are not limited to:

(1) Informing young adults who age out of the foster care system of the purpose of the office, the types of support the office provides, and how to contact the office.

(2) Serving as a direct contact to the young adult in order to provide information on how to access services to support the young adult’s self-sufficiency, including, but not limited to, food assistance, behavioral health services, housing, Medicaid, and educational services.

(3) Assisting in accessing services and supports for the young adult to attain self-sufficiency, including, but not limited to, completing documentation required to apply for services.

(4) Collaborating with community-based care lead agencies to identify local resources that can provide support to young adults served by the office and to assist young adults in accessing these supports.

(5) Developing and administering the Step into Success Workforce Education and Internship Pilot Program for foster youth and former foster youth as required under s. 409.1455.

(6) In coordination with the Statewide Guardian ad Litem Office, identifying supportive adults for children transitioning out of foster care to live independently in accordance with s. 39.6036.

History: s. 20, ch. 2021-169; s. 2, ch. 2023-255; s. 35, ch. 2024-70.
Fla. Stat. § 288.9614 — Florida Code / Title XIX / Chapter 288 / Part VIII / Section 288.9614
288.9614 Authorized programs.
Status: in_force

The department may take any action that it deems necessary to achieve the purposes of this act in partnership with private enterprises, public agencies, and other organizations, including, but not limited to, efforts to address the long-term debt needs of small-sized and medium-sized firms, to address the needs of microenterprises, to expand availability of venture capital, and to increase international trade and export finance opportunities for firms critical to achieving the purposes of this act.

History: s. 38, ch. 93-187; s. 108, ch. 96-320; s. 41, ch. 97-278; s. 42, ch. 99-251; s. 95, ch. 2023-173.
Fla. Stat. § 775.03 — Florida Code / Title XLVI / Chapter 775 / Section 775.03
775.03 Benefit of clergy.
Status: in_force

The doctrine of benefit of clergy shall have no operation in this state.

History: s. 75, Feb. 10, 1832; RS 2371; GS 3196; RGS 5026; CGL 7128.
Fla. Stat. § 623.04 — Florida Code / Title XXXVI / Chapter 623 / Section 623.04
623.04 Charter; amendment.
Status: in_force

The charter of any corporation incorporated under this act may be amended as follows: When the members of the corporation at a regular or special meeting held in accordance with its bylaws shall approve a resolution providing an amendment to the charter, a copy of such resolution certified by the president and secretary shall be presented to the judge of the circuit court of the county and if she or he finds the amendment to be proper in form and substance she or he shall endorse her or his approval thereon and it shall be recorded by the clerk of the circuit court and the amendment shall be effective from the date of record.

History: s. 4, ch. 59-113; s. 173, ch. 97-102.
Fla. Stat. § 500.033 — Florida Code / Title XXXIII / Chapter 500 / Section 500.033
500.033 Florida Food Safety and Food Defense Advisory Council.
Status: in_force

(1) There is created the Florida Food Safety and Food Defense Advisory Council for the purpose of serving as a forum for presenting, investigating, and evaluating issues of current importance to the assurance of a safe and secure food supply to the citizens of Florida. The Florida Food Safety and Food Defense Advisory Council shall consist of, but not be limited to: the Commissioner of Agriculture or his or her designee; the State Surgeon General or his or her designee; the Secretary of Business and Professional Regulation or his or her designee; the person responsible for domestic security with the Department of Law Enforcement; members representing the production, processing, distribution, and sale of foods; consumers or members of citizens groups; representatives of food industry groups; scientists or other experts in aspects of food safety from state universities; representatives from local, state, and federal agencies that are charged with responsibilities for food safety or food defense; the chairs of the Agriculture Committees of the Senate and the House of Representatives or their designees; and the chairs of the committees of the Senate and the House of Representatives with jurisdictional oversight of home defense issues or their designees. The Commissioner of Agriculture shall appoint the remaining members. The council shall make periodic reports to the Department of Agriculture and Consumer Services concerning findings and recommendations in the area of food safety and food defense.

(2) The council shall consider the development of appropriate advice or recommendations on food safety or food defense issues. In the discharge of their duties, the council members may receive for review confidential data exempt from the provisions of s. 119.07(1); however, it is unlawful for any member of the council to use the data for his or her advantage or reveal the data to the general public.

History: s. 1, ch. 2003-255; s. 6, ch. 2006-289; s. 108, ch. 2008-6.