FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 403.74 — Florida Code / Title XXIX / Chapter 403 / Part IV / Section 403.74
403.74 Management of hazardous materials by governmental agencies.
Status: in_force

(1) For the purposes of this section, “hazardous materials” are those substances which are: (a) Listed as constituents of waste streams F001, F002, F003, F004, and F005 in 40 C.F.R. s. 261.31, or (b) Listed in 40 C.F.R. s. 261.33, including those substances which are “pesticides” as defined by s. 487.021.

(2) Every local, state, or other governmental agency and every institution of the State University System that disposes of hazardous materials shall: (a) Notify the department of the type and approximate annual quantity of each hazardous material that is generated. (b) Notify the department of the management practices used for disposal of its hazardous materials.

(3) Each such agency shall develop written plans for the management of the disposal of hazardous material.

(4) Each such agency shall develop plans for spill prevention control and countermeasures for hazardous materials incidents.

(5) Hazardous materials which are used by governmental agencies in annual quantities of less than 1 kilogram, except for those hazardous materials which are listed because of reactivity, are exempt from this section.

History: s. 36, ch. 83-310; s. 39, ch. 84-338; s. 56, ch. 85-81; s. 35, ch. 92-115; s. 415, ch. 94-356.
Fla. Stat. § 605.0715 — Florida Code / Title XXXVI / Chapter 605 / Section 605.0715
605.0715 Reinstatement.
Status: in_force

(1) A limited liability company that is administratively dissolved under s. 605.0714 or former s. 608.4481 may apply to the department for reinstatement at any time after the effective date of dissolution. The company must submit all fees and penalties then owed by the company at the rates provided by law at the time the company applies for reinstatement, together with an application for reinstatement prescribed and furnished by the department, which is signed by both the registered agent and an authorized representative of the company and states: (a) The name of the limited liability company. (b) The street address of the company’s principal office and mailing address. (c) The date of the company’s organization. (d) The company’s federal employer identification number or, if none, whether one has been applied for. (e) The name, title or capacity, and address of at least one person who has authority to manage the company. (f) Additional information that is necessary or appropriate to enable the department to carry out this chapter.

(2) In lieu of the requirement to file an application for reinstatement as described in subsection (1), an administratively dissolved limited liability company may submit all fees and penalties owed by the company at the rates provided by law at the time the company applies for reinstatement, together with a current annual report, signed by both the registered agent and an authorized representative of the company, which contains the information described in subsection (1).

(3) If the department determines that an application for reinstatement contains the information required under subsection (1) or subsection (2) and that the information is correct, upon payment of all required fees and penalties, the department shall reinstate the limited liability company.

(4) When reinstatement under this section becomes effective: (a) The reinstatement relates back to and takes effect as of the effective date of the administrative dissolution. (b) The limited liability company may resume its activities and affairs as if the administrative dissolution had not occurred. (c) The rights of a person arising out of an act or omission in reliance on the dissolution before the person knew or had notice of the reinstatement are not affected.

(5) The name of the dissolved limited liability company is not available for assumption or use by another business entity until 1 year after the effective date of dissolution unless the dissolved limited liability company provides the department with a record executed as required pursuant to s. 605.0203 permitting the immediate assumption or use of the name by another business entity.

(6) If the name of the dissolved limited liability company has been lawfully assumed in this state by another business entity, the department shall require the dissolved limited liability company to amend its articles of organization to change its name before accepting the application for reinstatement.

History: s. 2, ch. 2013-180; s. 7, ch. 2015-148; s. 253, ch. 2019-90.
Fla. Stat. § 944.596 — Florida Code / Title XLVII / Chapter 944 / Section 944.596
944.596 Transfer of convicted foreign citizens or nationals under treaty.
Status: in_force

When a treaty is in effect between the United States and a foreign country providing for the transfer of a convicted offender who is a citizen or national of a foreign country to the foreign country of which she or he is a citizen or national, the Governor or the Governor’s designee is authorized, subject to the terms of such treaty, to consent to the transfer of such convicted offender.

History: s. 1, ch. 79-75; s. 1655, ch. 97-102.
Fla. Stat. § 403.0643 — Florida Code / Title XXIX / Chapter 403 / Part I / Section 403.0643
403.0643 Applicability of rules when reclaimed water is injected into specified receiving groundwater.
Status: in_force

To further promote the reuse of reclaimed water for irrigation purposes, the rules that apply when reclaimed water is injected into a receiving groundwater that has 1,000 to 3,000 mg/L total dissolved solids are applicable to reclaimed water aquifer storage and recovery wells injecting into a receiving groundwater of less than 1,000 mg/L total dissolved solids if the applicant demonstrates that it is injecting into a confined aquifer, that there are no potable water supply wells within 3,500 feet of the aquifer storage and recovery wells, that it has implemented institutional controls to prevent the future construction of potable water supply wells within 3,500 feet of the aquifer storage and recovery wells, and that the recovered water is being used for irrigation purposes. The injection of reclaimed water that meets the requirements of this section is not potable reuse. This section may not be construed to exempt the reclaimed water aquifer storage and recovery wells from requirements that prohibit the causing of or contribution to violations of water quality standards in surface waters, including groundwater discharges that flow by interflow and affect water quality in surface waters.

History: s. 3, ch. 2021-168.
Fla. Stat. § 709.2105 — Florida Code / Title XL / Chapter 709 / Part II / Section 709.2105
709.2105 Qualifications of agent; execution of power of attorney.
Status: in_force

(1) The agent must be a natural person who is 18 years of age or older or a financial institution that has trust powers, has a place of business in this state, and is authorized to conduct trust business in this state.

(2) A power of attorney must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public or as otherwise provided in s. 695.03.

(3) If the principal is physically unable to sign the power of attorney, the notary public before whom the principal’s oath or acknowledgment is made may sign the principal’s name on the power of attorney pursuant to s. 117.05(14).

History: s. 7, ch. 2011-210; s. 3, ch. 2013-90.
Fla. Stat. § 467.011 — Florida Code / Title XXXII / Chapter 467 / Section 467.011
467.011 Licensed midwives; qualifications; examination.
Status: in_force

The department shall issue a license to practice midwifery to an applicant who meets all of the following criteria:

(1) Demonstrates that he or she has graduated from one of the following: (a) An accredited and approved midwifery program. (b) A medical or midwifery program offered in another state, jurisdiction, territory, or country whose graduation requirements were equivalent to or exceeded those required by s. 467.009 and the rules adopted thereunder at the time of graduation.

(2) Demonstrates that he or she has successfully completed a prelicensure course offered by an accredited and approved midwifery program. Students graduating from an accredited and approved midwifery program may meet this requirement by showing that the content requirements for the prelicensure course were covered as part of their course of study.

(3) Submits an application for licensure on a form approved by the department and pays the appropriate fee.

(4) Demonstrates that he or she has received a passing score on an examination specified by the department.

(5) Submits to background screening in accordance with s. 456.0135.

History: ss. 1, 3, ch. 82-99; s. 8, ch. 84-268; ss. 4, 5, ch. 91-429; ss. 6, 19, ch. 92-179; s. 79, ch. 2001-62; s. 14, ch. 2022-71; s. 15, ch. 2024-243.
Fla. Stat. § 627.843 — Florida Code / Title XXXVII / Chapter 627 / Part XV / Section 627.843
627.843 Delivery of copy of premium finance agreement.
Status: in_force

Before the due date of the first installment payable under a premium finance agreement, the premium finance company holding the agreement or the insurance agent shall deliver to the insured, or mail to the insured at her or his address as shown in the agreement, a copy thereof or, if the agreement contained any blank space when it was signed and such blank space was subsequently filled in, in accordance with s. 627.839(4), a copy of the agreement as so filled in.

History: s. 1, ch. 63-16; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 607, 612, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318; s. 371, ch. 97-102.
Fla. Stat. § 479.02 — Florida Code / Title XXXII / Chapter 479 / Part I / Section 479.02
479.02 Duties of the department.
Status: in_force

The department shall:

(1) Administer and enforce this chapter, the 1972 agreement between the state and the United States Department of Transportation, Title 23 of the United States Code, and federal regulations, including, but not limited to, those pertaining to the maintenance, continuance, and removal of nonconforming signs.

(2) Regulate size, height, lighting, and spacing of signs permitted on commercial and industrial parcels and in unzoned commercial or industrial areas on the interstate highway system and the federal-aid primary highway system.

(3) Determine commercial and industrial parcels and unzoned commercial or industrial areas in the manner provided in s. 479.024.

(4) Implement a specific information panel program on the limited access highway system to promote tourist-oriented businesses by providing directional information safely and aesthetically.

(5) Implement a rest area information panel or devices program at rest areas along the interstate highway system and the federal-aid primary highway system to promote tourist-oriented businesses.

(6) Test and, if economically feasible, implement alternative methods of providing information in the specific interest of the traveling public which allow the traveling public freedom of choice, conserve natural beauty, and present information safely and aesthetically.

(7) Adopt such rules as the department deems necessary or proper for the administration of this chapter, including rules that identify activities that may not be recognized as industrial or commercial activities for purposes of determination of a commercial or industrial parcel or an unzoned commercial or industrial area in the manner provided in s. 479.024.

(8) Inventory and determine the location of all signs on the state highway system, interstate highway system, and federal-aid primary highway system to be used as the database and permit information for all permitted signs. The inventory shall be updated at least every 2 years. The department may perform the inventory using department staff or may contract with a private firm to perform the work, whichever is more cost-efficient. The department shall maintain a database of sign inventory information such as sign location, size, height, and structure type, the permittee’s name, and any other information the department finds necessary to administer the program.

History: s. 2, ch. 20446, 1941; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 2, ch. 71-971; s. 1, ch. 72-274; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 2, ch. 78-8; s. 134, ch. 79-164; ss. 2, 3, ch. 81-318; ss. 3, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 33, ch. 94-237; s. 1, ch. 96-201; s. 4, ch. 2014-215; s. 25, ch. 2014-223.
Fla. Stat. § 258.158 — Florida Code / Title XVIII / Chapter 258 / Part I / Section 258.158
258.158 Exemption from s. 588.15.
Status: in_force

The state is exempt from the provisions of s. 588.15 with respect to any property within the state park system that has free-roaming animal populations.

History: s. 3, ch. 2011-110.
Fla. Stat. § 112.081 — Florida Code / Title X / Chapter 112 / Part I / Section 112.081
112.081 Circuit judges, participation.
Status: in_force

All circuit judges who, on July 1, 1967, are participating in an insurance program for county employees are hereby deemed to be county employees for the purpose of such participation even though there is no actual cash salary supplement received from the county.

History: s. 4, ch. 67-301.
Fla. Stat. § 627.955 — Florida Code / Title XXXVII / Chapter 627 / Part XIX / Section 627.955
627.955 Limitation on deductibles.
Status: in_force

A purchasing group may not purchase insurance that provides for a deductible or self-insured retention that is applicable to the group as a whole. However, coverage may provide for a deductible or self-insured retention that is applicable to individual members.

History: s. 18, ch. 2000-370.
Fla. Stat. § 73.014 — Florida Code / Title VI / Chapter 73 / Section 73.014
73.014 Taking property to eliminate nuisance, slum, or blight conditions prohibited.
Status: in_force

(1) Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, the state, any political subdivision as defined in s. 1.01(8), or any other entity to which the power of eminent domain is delegated may not exercise the power of eminent domain to take private property for the purpose of abating or eliminating a public nuisance. Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, abating or eliminating a public nuisance is not a valid public purpose or use for which private property may be taken by eminent domain and does not satisfy the public purpose requirement of s. 6(a), Art. X of the State Constitution. This subsection does not diminish the power of counties or municipalities to adopt or enforce county or municipal ordinances related to code enforcement or the elimination of public nuisances to the extent such ordinances do not authorize the taking of private property by eminent domain.

(2) Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, the state, any political subdivision as defined in s. 1.01(8), or any other entity to which the power of eminent domain is delegated may not exercise the power of eminent domain to take private property for the purpose of preventing or eliminating slum or blight conditions. Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, taking private property for the purpose of preventing or eliminating slum or blight conditions is not a valid public purpose or use for which private property may be taken by eminent domain and does not satisfy the public purpose requirement of s. 6(a), Art. X of the State Constitution.

History: s. 2, ch. 2006-11.
Fla. Stat. § 165.011 — Florida Code / Title XII / Chapter 165 / Section 165.011
165.011 Short title.
Status: in_force

This chapter shall be known and may be cited as the “Formation of Municipalities Act.”

History: s. 1, ch. 74-192; s. 35, ch. 89-169.
Fla. Stat. § 161.26 — Florida Code / Title XI / Chapter 161 / Part II / Section 161.26
161.26 Expenses; use of county funds.
Status: in_force

The board of county commissioners of any of the counties is authorized to use any available county funds to meet necessary expenses of its beach and shore preservation program. This may include, among other things, costs of studies, surveys, planning, engineering, coordination, negotiation, acquisition of lands, construction of works and facilities, operation and maintenance, and other activities incidental to acquisition and construction to the extent considered proper and desirable by the board of county commissioners.

History: s. 1, ch. 65-408.
Fla. Stat. § 636.046 — Florida Code / Title XXXVII / Chapter 636 / Part I / Section 636.046
636.046 Insolvency protection.
Status: in_force

(1) Except as required in subsection (2), each prepaid limited health service organization must deposit with the department cash or securities of the type eligible under s. 641.35 which must have at all times a market value in the amount set forth in this subsection. The amount of the deposit shall be reviewed annually or more often as the office deems necessary. The market value of the deposit must be $50,000.

(2)(a) If securities or assets deposited by a prepaid limited health service organization under this act are subject to material fluctuations in market value, the office may in its discretion require the organization to deposit and maintain on deposit additional securities or assets in an amount as may be reasonably necessary to assure that the deposit will at all times have a market value of not less than the amount specified under this section. (b) If for any reason the market value of assets and securities of a prepaid limited health service organization held on deposit under this act falls below the amount required, the organization must promptly deposit other or additional assets or securities eligible for deposit sufficient to cure the deficiency. If the prepaid limited health service organization has failed to cure the deficiency within 30 days after receipt of notice by certified mail from the office, the office may revoke the certificate of authority of the prepaid limited health service organization. (c) A prepaid limited health service organization may, at its option, deposit assets or securities in an amount exceeding its deposit required or otherwise permitted under this act for the purpose of absorbing fluctuations in the value of securities and assets deposited and to facilitate the exchange and substitution of securities and assets. During the solvency of the prepaid limited health service organization any excess must be released to the organization upon its request. During the insolvency of the prepaid limited health service organization, any excess deposit may be released only as provided in s. 625.62.

(3) All income from deposits belongs to the depositing prepaid limited health service organization and must be paid to it as it becomes available.

History: s. 37, ch. 93-148; s. 1540, ch. 2003-261.
Fla. Stat. § 627.671 — Florida Code / Title XXXVII / Chapter 627 / Part VIII / Section 627.671
627.671 Medicare supplement reform; short title.
Status: in_force

Sections 627.671-627.675 may be cited as the “Alonzo Mourning Access to Care Act.”

History: s. 4, ch. 80-156; s. 2, ch. 81-318; ss. 527, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318; s. 1, ch. 2009-141.
Fla. Stat. § 15.03 — Florida Code / Title IV / Chapter 15 / Section 15.03
15.03 State seal.
Status: in_force

(1) The great seal of the state shall be of the size of the American silver dollar, having in the center thereof a view of the sun’s rays over a highland in the distance, a sabal palmetto palm tree, a steamboat on water, and an Indian female scattering flowers in the foreground, encircled by the words “Great Seal of the State of Florida: In God We Trust.”

(2)(a) The Department of State shall be the custodian of the great seal of the state. (b) The great seal of this state shall also be the seal of the Department of State, and the department may certify under said seal, copies of any statute, law, resolution, record, paper, letter or document, by law placed in its custody, keeping and care, and such certified copy shall have the same force and effect in evidence, as the original would have.

(3) Only the Department of State shall be authorized to affix the seal to any document for the purpose of attesting, certifying, or otherwise formalizing such document. Any facsimile or reproduction of the great seal shall be manufactured, used, displayed, or otherwise employed by anyone only upon the approval of the Department of State. The Department of State may grant a certificate of approval upon application to it by any person showing good cause for the use of the seal for a proper purpose. The Department of State may adopt reasonable rules for the manufacture or use of the great seal or any facsimile or reproduction thereof. Any person violating the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History: s. 4, ch. 1, 1845; RS 75; GS 76; RGS 90; CGL 112; s. 1, ch. 29841, 1955; s. 1, ch. 65-209; ss. 10, 35, ch. 69-106; (2)(a) former s. 21, Art. IV of the State Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the State Constitution as revised in 1968; s. 1, ch. 70-300; s. 11, ch. 71-136; s. 1, ch. 80-59.
Fla. Stat. § 486.103 — Florida Code / Title XXXII / Chapter 486 / Section 486.103
486.103 Physical therapist assistant; application for license; fee.
Status: in_force

A person who desires to be licensed as a physical therapist assistant shall apply to the department in writing on a form furnished by the department. She or he shall embody in that application evidence under oath, satisfactory to the board, of possession of the qualifications preliminary to examination required by s. 486.104. The applicant shall pay to the department at the time of filing the application a fee not to exceed $100, as fixed by the board.

History: s. 11, ch. 67-537; s. 7, ch. 73-354; s. 4, ch. 78-278; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 12, 24, ch. 83-86; ss. 10, 17, 18, ch. 86-31; s. 33, ch. 88-205; s. 4, ch. 91-429; s. 465, ch. 97-103; s. 182, ch. 97-264; s. 160, ch. 99-397.
Fla. Stat. § 627.94071 — Florida Code / Title XXXVII / Chapter 627 / Part XVIII / Section 627.94071
627.94071 Minimum standards for home health care benefits.
Status: in_force

A long-term care insurance policy, certificate, or rider that contains a home health care benefit must meet or exceed the minimum standards specified in this section. The policy, certificate, or rider may not exclude benefits by any of the following means:

(1) Providing that home health care cannot be covered unless the insured or claimant would, without the home health care, require skilled care in a skilled nursing facility.

(2) Requiring that the insured or claimant first or simultaneously receive nursing or therapeutic services in a home setting or community setting before home health care services are covered.

(3) Limiting eligible services to services provided by registered nurses or licensed practical nurses.

(4) Requiring that a nurse or therapist provide services covered by the policy that can be provided by a home health aide or by another licensed or certified home care worker acting within the scope of his or her license or certification.

(5) Requiring that a licensed home health agency provide services covered by the policy that can be provided by a nurse registry licensed under chapter 400.

(6) Excluding coverage for personal care services provided by a home health aide.

(7) Requiring that the provision of home health care services be at a level of certification of licensure greater than that required by the eligible service.

(8) Requiring that the insured/claimant have an acute condition before home health care services are covered.

(9) Limiting benefits to services provided by Medicare-certified agencies or providers.

(10) Excluding coverage for adult day care services.

History: s. 147, ch. 92-33; s. 3, ch. 96-275; s. 18, ch. 97-179.