FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 568.07 — Florida Code / Title XXXIV / Chapter 568 / Section 568.07
568.07 Name sufficient proof; competency of witness.
Status: in_force

(1) In every prosecution for a violation of this chapter, proof that the liquor in question was and is known as whiskey, moonshine whiskey, shine, rum, gin, or brandy or by any other similar name or names shall be prima facie evidence that such liquor is intoxicating and contains more than 6.243 percent of alcohol by volume and that such content is intoxicating. Any person who by experience in the past in the handling or use of intoxicating liquors, or who by taste, smell, or the drinking of such liquors, has knowledge as to the intoxicating nature of such liquors may testify as to this opinion, whether such beverage or liquor is or is not intoxicating; and a verdict based upon such testimony shall be valid.

(2) The alcoholic content of any liquor, wine, or beer, or other beverage, may be shown by hydrometer or gravity test made in or away from the presence of the jury by any person who has knowledge of the uses of such instruments, but the production of such evidence shall be optional. The alcoholic content of any liquor or beverage, or compound, which is the subject of any inquiry in any proceedings or prosecution may also be shown by chemical analysis or any other analysis made by and certified by any competent chemist. The sample analyzed may be identified by the sworn testimony of any peace officer or prosecuting officer, that he or she personally delivered to such chemist such sample for analysis and that it was personally taken by him or her from the receptacle containing the beverage, drink, or alcoholic liquor or compound which is the subject of inquiry.

(3) The mode of proof herein provided shall be considered cumulative and not exclusive.

History: s. 7, ch. 18016, 1937; CGL 1940 Supp. 7648(16); s. 3, ch. 84-299; s. 19, ch. 86-269; s. 49, ch. 91-220; s. 100, ch. 92-291; s. 881, ch. 97-103.
Fla. Stat. § 103.071 — Florida Code / Title IX / Chapter 103 / Section 103.071
103.071 Compensation of electors.
Status: in_force

Each presidential elector attending as such in Tallahassee shall be reimbursed for his or her travel expenses, as provided in s. 112.061, from the elector’s place of residence to Tallahassee and return. Such expenses shall be paid upon approval of the Governor. The amounts necessary to meet the requirements of this section shall be included in the legislative budget request of the Governor. If the amounts appropriated for this purpose are insufficient, the Executive Office of the Governor may release the necessary amounts from the deficiency appropriation.

History: s. 12, ch. 71, 1847; RS 210; GS 294; RGS 390; CGL 455; ss. 7, chs. 26869, 26870, 1951; s. 1, ch. 61-32; s. 6, ch. 63-400; ss. 2, 3, ch. 67-371; ss. 31, 35, ch. 69-106; s. 86, ch. 79-190; s. 605, ch. 95-147.
Fla. Stat. § 499.062 — Florida Code / Title XXXIII / Chapter 499 / Part I / Section 499.062
499.062 Seizure and condemnation of drugs, devices, or cosmetics.
Status: in_force

(1) Any article of any drug, device, or cosmetic that is adulterated or misbranded under this part is subject to seizure and condemnation by the department or by its duly authorized agents designated for that purpose in regard to drugs, devices, or cosmetics.

(2) Whenever a duly authorized officer or employee of the department finds cause, or has probable cause to believe that cause exists, for the seizure of any drug, device, or cosmetic, as set out in this part, he or she shall affix to the article a tag, stamp, or other appropriate marking, giving notice that the article is, or is suspected of being, subject to seizure under this part and that the article has been detained and seized by the department. Such officer or employee shall also warn all persons not to remove or dispose of the article, by sale or otherwise, until permission is given by the department or the court. Any person who violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (a) When any article detained or seized under this subsection has been found by the department to be subject to seizure and condemnation, the department shall petition the court for an order of condemnation or sale, as the court directs. The proceeds of the sale of drugs, devices, and cosmetics, less the legal costs and charges, shall be deposited into the Professional Regulation Trust Fund. (b) If the department finds that any article seized under this subsection was not subject to seizure, the department or the designated officer or employee shall remove the tag or marking.

History: s. 34, ch. 82-225; s. 1, ch. 83-265; ss. 42, 43, 44, 52, ch. 92-69; s. 593, ch. 97-103; s. 33, ch. 2008-207; s. 15, ch. 2012-143.
Fla. Stat. § 409.25658 — Florida Code / Title XXX / Chapter 409 / Part I / Section 409.25658
409.25658 Use of unclaimed property for past due support.
Status: in_force

(1) In a joint effort to facilitate the collection and payment of past due support, the Department of Revenue, in cooperation with the Department of Financial Services, shall identify persons owing support collected by the department who are presumed to have unclaimed property held by the Department of Financial Services.

(2) The Department of Financial Services shall periodically provide the department with an electronic file of unclaimed property accounts. The department shall use the data to identify obligors with unclaimed property accounts and shall provide the Department of Financial Services with an electronic data file that includes the names and other personal identifying information of the obligors.

(3) As the state’s Title IV-D agency under s. 409.2557(1), the department is authorized to submit claims for unclaimed property to the Department of Financial Services for the purpose of collecting past due support and shall do so in accordance with the standards established by the Department of Financial Services.

(4) Before paying an obligor’s approved claim, the Department of Financial Services shall notify the department that such claim has been approved. Upon confirmation that the Department of Financial Services has approved the claim or a claim submitted by the department, the department shall send a notice by regular mail to the obligor advising the obligor of the department’s intent to intercept the property up to the amount of the past due support, and informing the obligor of the obligor’s right to request a hearing under chapter 120. If there is a hearing, the Department of Financial Services shall retain custody of the property until a final order has been entered and any appeals thereon have been concluded. If the obligor fails to request a hearing, the department shall inform the Department of Financial Services to transfer to the department the property up to the amount of past due support owed. Upon transfer, the Department of Financial Services shall be released from further liability related to the transferred property.

(5) This section provides a supplemental remedy, and the department may use this remedy in conjunction with any other method of collecting support.

History: s. 26, ch. 98-397; s. 37, ch. 2001-158; s. 12, ch. 2002-173; s. 444, ch. 2003-261; s. 8, ch. 2021-103.
Fla. Stat. § 120.82 — Florida Code / Title X / Chapter 120 / Section 120.82
120.82 Keep Our Graduates Working Act.
Status: in_force

(1) SHORT TITLE. — This section may be cited as the “Keep Our Graduates Working Act of 2020.”

(2) PURPOSE. — The purpose of this act is to ensure that Floridians who graduate from an accredited college or university can maintain their occupational licenses, as defined in subsection (3), and remain in the workforce while they attempt to pay off their student loan debt.

(3) DEFINITIONS. — As used in this section, the term: (a) “Default” means the failure to repay a student loan according to the terms agreed to in the promissory note. (b) “Delinquency” means the failure to make a student loan payment when it is due. (c) “License” means any professional license, certificate, registration, or permit granted by the applicable state authority. (d) “State authority” means any department, board, or agency with the authority to grant a license to any person in this state. (e) “Student loan” means a federal-guaranteed or state-guaranteed loan for the purposes of postsecondary education.

(4) STUDENT LOAN DEFAULT; DELINQUENCY. — A state authority may not deny a license, refuse to renew a license, or suspend or revoke a license that it has issued to a person who is in default on or delinquent in the payment of his or her student loans solely on the basis of such default or delinquency.

History: s. 1, ch. 2020-125.
Fla. Stat. § 159.622 — Florida Code / Title XI / Chapter 159 / Part IV / Section 159.622
159.622 Limitation on rates.
Status: in_force

The intent of this legislation is that consumers receive maximum possible benefits; therefore, no lending institution receiving proceeds of bond issues pursuant to this act may loan any of the proceeds of such bond issue at the rate violative of federal arbitrage regulations.

History: s. 24, ch. 78-89.
Fla. Stat. § 617.1908 — Florida Code / Title XXXVI / Chapter 617 / Section 617.1908
617.1908 Applicability of Florida Business Corporation Act.
Status: in_force

Except as made applicable by specific reference in any other section of this chapter, part I of chapter 607, the Florida Business Corporation Act, does not apply to any corporations not for profit.

History: s. 115, ch. 90-179; s. 76, ch. 93-281; s. 2, ch. 94-165; s. 49, ch. 2014-209.
Fla. Stat. § 732.2045 — Florida Code / Title XLII / Chapter 732 / Part II / Section 732.2045
732.2045 Exclusions and overlapping application.
Status: in_force

(1) EXCLUSIONS. — Section 732.2035 does not apply to: (a) Except as provided in s. 732.2155(4), any transfer of property by the decedent to the extent the transfer is irrevocable before the effective date of this subsection or after that date but before the date of the decedent’s marriage to the surviving spouse. (b) Any transfer of property by the decedent to the extent the decedent received adequate consideration in money or money’s worth for the transfer. (c) Any transfer of property by the decedent made with the written consent of the decedent’s spouse. For this purpose, spousal consent to split-gift treatment under the United States gift tax laws does not constitute written consent to the transfer by the decedent. (d) The proceeds of any policy of insurance on the decedent’s life in excess of the net cash surrender value of the policy whether payable to the decedent’s estate, a trust, or in any other manner. (e) Any policy of insurance on the decedent’s life maintained pursuant to a court order. (f) The decedent’s one-half of the property to which ss. 732.216-732.228, or any similar provisions of law of another state, apply and real property that is community property under the laws of the jurisdiction where it is located. (g) Property held in a qualifying special needs trust on the date of the decedent’s death. (h) Property included in the gross estate of the decedent for federal estate tax purposes solely because the decedent possessed a general power of appointment. (i) Property which constitutes the protected homestead of the decedent if the surviving spouse validly waived his or her homestead rights as provided under s. 732.702, or otherwise under applicable law, and such spouse did not receive any interest in the protected homestead upon the decedent’s death.

(2) OVERLAPPING APPLICATION. — If s. 732.2035(1) and any other subsection of s. 732.2035 apply to the same property interest, the amount included in the elective estate under other subsections is reduced by the amount included under subsection (1). In all other cases, if more than one subsection of s. 732.2035 applies to a property interest, only the subsection resulting in the largest elective estate shall apply.

History: s. 4, ch. 99-343; s. 21, ch. 2001-226; s. 4, ch. 2009-115; s. 3, ch. 2017-121.
Fla. Stat. § 582.28 — Florida Code / Title XXXV / Chapter 582 / Section 582.28
582.28 Cooperation between districts.
Status: in_force

The supervisors of any two or more districts organized under the provisions of this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter.

History: s. 12, ch. 18144, 1937; CGL 1940 Supp. 4151(483).
Fla. Stat. § 626.734 — Florida Code / Title XXXVII / Chapter 626 / Part II / Section 626.734
626.734 Corporations, liability of agent.
Status: in_force

Any general lines insurance agent who is an officer, director, or stockholder of an incorporated general lines insurance agency shall remain personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of this code committed by such licensee or by any person under his or her direct supervision and control while acting on behalf of the corporation. Nothing in this section shall be construed to render any person criminally liable or subject to any disciplinary proceedings for any act unless such person personally committed or knew or should have known of such act and of the facts constituting a violation of this chapter.

History: s. 4, ch. 63-20; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 3, ch. 81-282; ss. 2, 3, ch. 81-318; ss. 241, 807, 810, ch. 82-243; ss. 70, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 242, ch. 97-102.
Fla. Stat. § 627.739 — Florida Code / Title XXXVII / Chapter 627 / Part XI / Section 627.739
627.739 Personal injury protection; optional limitations; deductibles.
Status: in_force

(1) The named insured may elect a deductible or modified coverage or combination thereof to apply to the named insured alone or to the named insured and dependent relatives residing in the same household, but may not elect a deductible or modified coverage to apply to any other person covered under the policy.

(2) Insurers shall offer to each applicant and to each policyholder, upon the renewal of an existing policy, deductibles, in amounts of $250, $500, and $1,000. The deductible amount must be applied to 100 percent of the expenses and losses described in s. 627.736. After the deductible is met, each insured is eligible to receive up to $10,000 in total benefits described in s. 627.736(1). However, this subsection shall not be applied to reduce the amount of any benefits received in accordance with s. 627.736(1)(c).

(3) Insurers shall offer coverage wherein, at the election of the named insured, the benefits for loss of gross income and loss of earning capacity described in s. 627.736(1)(b) shall be excluded.

(4) The named insured shall not be prevented from electing a deductible under subsection (2) and modified coverage under subsection (3). Each election made by the named insured under this section shall result in an appropriate reduction of premium associated with that election.

(5) All such offers shall be made in clear and unambiguous language at the time the initial application is taken and prior to each annual renewal and shall indicate that a premium reduction will result from each election. At the option of the insurer, the requirements of the preceding sentence are met by using forms of notice approved by the office, or by providing the following notice in 10-point type in the insurer’s application for initial issuance of a policy of motor vehicle insurance and the insurer’s annual notice of renewal premium: For personal injury protection insurance, the named insured may elect a deductible and to exclude coverage for loss of gross income and loss of earning capacity (“lost wages”). These elections apply to the named insured alone, or to the named insured and all dependent resident relatives. A premium reduction will result from these elections. The named insured is hereby advised not to elect the lost wage exclusion if the named insured or dependent resident relatives are employed, since lost wages will not be payable in the event of an accident.

History: s. 10, ch. 71-252; s. 3, ch. 76-168; s. 6, ch. 76-266; s. 1, ch. 77-457; s. 37, ch. 77-468; s. 6, ch. 78-374; ss. 2, 3, ch. 81-318; ss. 557, 563, ch. 82-243; s. 1, ch. 99-381; s. 1196, ch. 2003-261; ss. 9, 19, ch. 2003-411; s. 15, ch. 2007-324.
Fla. Stat. § 620.8603 — Florida Code / Title XXXVI / Chapter 620 / Part II / Section 620.8603
620.8603 Effect of partner’s dissociation.
Status: in_force

(1) If a partner’s dissociation results in a dissolution and winding up of the partnership business, ss. 620.8801-620.8807 apply; otherwise, ss. 620.8701-620.8705 apply.

(2) Upon a partner’s dissociation: (a) The partner’s right to participate in the management and conduct of the partnership business terminates, except as otherwise provided in s. 620.8803; (b) The partner’s duty of loyalty under s. 620.8404(2)(c) terminates; and (c) The partner’s duty of loyalty under s. 620.8404(2)(a) and (b) and duty of care under s. 620.8404(3) continue only with regard to matters arising and events occurring before the partner’s dissociation, unless the partner participates in winding up the partnership’s business pursuant to s. 620.8803.

History: s. 13, ch. 95-242.
Fla. Stat. § 744.342 — Florida Code / Title XLIII / Chapter 744 / Part V / Section 744.342
744.342 Minors; guardianship.
Status: in_force

Upon petition, the court may appoint a guardian for a minor without appointing an examining committee or conducting an adjudicatory hearing pursuant to s. 744.331.

History: s. 71, ch. 90-271.
Fla. Stat. § 69.011 — Florida Code / Title VI / Chapter 69 / Section 69.011
69.011 Supreme Court; bond not to be required of certain officers in certain original proceedings.
Status: in_force

Constitutional officers of the state, boards of county commissioners, and school boards of the several counties of this state shall not be required to furnish any bond or other security for the procurement of or to render effective any restraining order, injunction, or other order, writ or judgment in cases of original jurisdiction in the Supreme Court of Florida.

History: s. 1, ch. 19172, 1939; CGL 4621(1); s. 23, ch. 67-254; s. 1, ch. 69-300.
Fla. Stat. § 78.055 — Florida Code / Title VI / Chapter 78 / Section 78.055
78.055 Complaint; requirements.
Status: in_force

To obtain an order authorizing the issuance of a writ of replevin prior to final judgment, the plaintiff shall first file with the clerk of the court a complaint reciting and showing the following information:

(1) A description of the claimed property that is sufficient to make possible its identification and a statement, to the best knowledge, information, and belief of the plaintiff of the value of such property and its location.

(2) A statement that the plaintiff is the owner of the claimed property or is entitled to possession of it, describing the source of such title or right. If the plaintiff’s interest in such property is based on a written instrument, a copy of said instrument must be attached to the complaint.

(3) A statement that the property is wrongfully detained by the defendant, the means by which the defendant came into possession thereof, and the cause of such detention according to the best knowledge, information, and belief of the plaintiff.

(4) A statement that the claimed property has not been taken for a tax, assessment, or fine pursuant to law.

(5) A statement that the property has not been taken under an execution or attachment against the property of the plaintiff or, if so taken, that it is by law exempt from such taking, setting forth a reference to the exemption law relied upon.

History: s. 1, ch. 73-20; s. 3, ch. 76-19.
Fla. Stat. § 322.26151 — Florida Code / Title XXIII / Chapter 322 / Section 322.26151
322.26151 Review of materials submitted by law enforcement officer.
Status: in_force

The Department of Highway Safety and Motor Vehicles shall review the materials submitted by the law enforcement officer to determine whether the materials comply with applicable statutes, rules, and policies, and the department shall inform the law enforcement officer when a deficiency exists so that the deficiency may be corrected prior to the hearing.

History: s. 2, ch. 2004-379.
Fla. Stat. § 400.907 — Florida Code / Title XXIX / Chapter 400 / Part VI / Section 400.907
400.907 Denial, suspension, revocation of licensure; administrative fines; grounds.
Status: in_force

(1) In accordance with part II of chapter 408, the agency may deny, revoke, and suspend a license and impose an administrative fine for the violation of any provision of this part, part II of chapter 408, or applicable rules.

(2) Any of the following actions by a PPEC center or its employee is grounds for action by the agency against a PPEC center or its employee: (a) An intentional or negligent act materially affecting the health or safety of children in the PPEC center. (b) A violation of the provisions of this part, part II of chapter 408, or applicable rules. (c) Multiple and repeated violations of this part or part II of chapter 408 or of minimum standards or rules adopted pursuant to this part or part II of chapter 408.

History: ss. 7, 17, ch. 87-290; ss. 5, 14, ch. 93-66; s. 19, ch. 98-288; s. 96, ch. 2007-230.
Fla. Stat. § 186.005 — Florida Code / Title XIII / Chapter 186 / Section 186.005
186.005 Designation of departmental planning officer.
Status: in_force

(1) The head of each executive department and the Public Service Commission, the Fish and Wildlife Conservation Commission, the Florida Commission on Offender Review, and the Department of Military Affairs shall select from within such agency a person to be designated as the planning officer for such agency. The planning officer shall be responsible for coordinating with the Executive Office of the Governor and with the planning officers of other agencies all activities and responsibilities of such agency relating to planning.

(2) The head of each agency shall notify the Executive Office of the Governor in writing of the person initially designated as the planning officer for such agency and of any changes in persons so designated thereafter.

History: s. 5, ch. 72-295; s. 67, ch. 79-190; s. 1, ch. 81-169; s. 32, ch. 88-122; s. 68, ch. 99-245; s. 7, ch. 2014-191.