FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 607.1020 — Florida Code / Title XXXVI / Chapter 607 / Part I / Section 607.1020
607.1020 Amendment of bylaws by board of directors or shareholders.
Status: in_force

(1) A corporation’s board of directors may amend or repeal the corporation’s bylaws unless: (a) The articles of incorporation or this chapter reserves that power exclusively to the shareholders in whole or in part; or (b) Except as provided in s. 607.0206(5), the shareholders, in amending, repealing, or adopting the bylaws generally or a particular bylaw provision, expressly provide that the board of directors may not amend, repeal, adopt, or reinstate the bylaws generally or that particular bylaw provision.

(2) A corporation’s shareholders may amend or repeal the corporation’s bylaws even though the bylaws may also be amended or repealed by its board of directors.

(3) A shareholder does not have a vested property right resulting from any provision in the bylaws.

History: s. 106, ch. 89-154; s. 128, ch. 2019-90.
Fla. Stat. § 117.10 — Florida Code / Title X / Chapter 117 / Part I / Section 117.10
117.10 Law enforcement and correctional officers; administration of oaths.
Status: in_force

(1) For purposes of this section, the term “reliable electronic means” means the signing and transmission of a document through means compliant with criminal justice information system security measures. Such signing and transmission must be made by an affiant to an officer authorized to administer oaths under subsection (2) under circumstances that indicate that the document was submitted by the affiant.

(2) Law enforcement officers, correctional officers, and correctional probation officers, as defined in s. 943.10, and traffic accident investigation officers and traffic infraction enforcement officers, as described in s. 316.640, are authorized to administer oaths by reliable electronic means or in the physical presence of an affiant when engaged in the performance of official duties. Sections 117.01, 117.04, 117.045, 117.05, and 117.103 do not apply to this section. An officer may not notarize his or her own signature.

(3) An oath administered pursuant to this section is an acceptable method of verification as provided under s. 92.525.

History: s. 4, ch. 84-97; s. 43, ch. 89-526; s. 2, ch. 91-174; s. 9, ch. 91-291; s. 748, ch. 95-147; s. 4, ch. 95-283; s. 6, ch. 98-246; s. 2, ch. 2015-23.
Fla. Stat. § 817.701 — Florida Code / Title XLVI / Chapter 817 / Part III / Section 817.701
817.701 Surety bonds; exemption.
Status: in_force

The requirement to obtain a surety bond and establish a trust account as provided in s. 817.7005(1) shall be waived for any salesperson, agent, or representative of a credit service organization where the credit service organization obtains such surety bond and establishes such trust account.

History: s. 1, ch. 87-204.
Fla. Stat. § 631.042 — Florida Code / Title XXXVII / Chapter 631 / Part I / Section 631.042
631.042 Extension of time.
Status: in_force

(1) With respect to any action by or against an insurer, no statute of limitations or defense of laches shall run between the date the department files a petition for a delinquency proceeding against an insurer and the date the court enters an order granting or denying that petition. If the petition is denied, any action against the insurer that might have been commenced when the petition was filed may be commenced no later than 60 days after the order denying such relief or the remaining unexpired time under the applicable statute of limitations or defense of laches that was available on the day the petition was filed, whichever is longer.

(2) The running of any unexpired statute of limitations, as to any claims brought by the administrator, a receiver, or an official or agency exercising powers pursuant to this chapter seeking damages or other recoveries on behalf of an insurer, its policyholders, its creditors, or its estate, shall be tolled for a period of 4 years from the date the court enters an order placing the insurer in receivership. If the delinquency proceedings against the insurer terminate in fewer than 4 years, tolling shall cease at the time the proceedings are final, including all appeals.

(3) A cause of action does not accrue, and the limitations period for any such action does not run, during the time the insurer is controlled by parties acting contrary to the company’s interests or when facts giving rise to the claim are concealed fraudulently from regulatory authorities or from any members of company management. The provisions of chapter 95 shall be construed to be consistent with the provisions of this section. The receiver may institute any action or proceeding authorized under this part while any statute of limitation is tolled pursuant to this section. This tolling provision shall be in addition to any other applicable tolling provision.

(4) For actions not covered by subsection (2), if any unexpired time period is fixed by any agreement or in any proceeding for doing any act for the benefit of the estate, the receiver shall have 180 days, or for good cause shown more than 180 days as allowed by the court, from the date the court enters the order granting the department’s petition for a delinquency proceeding.

History: s. 8, ch. 2002-25.
Fla. Stat. § 945.035 — Florida Code / Title XLVII / Chapter 945 / Section 945.035
945.035 Notice of employment, appointment, or separation; response by the correctional officer; duty of department.
Status: in_force

(1) For the purposes of this section, the term “commission” refers to the Criminal Justice Standards and Training Commission.

(2) Pursuant to s. 943.139, the department shall immediately notify the commission in writing, on a form adopted by the commission, of the employment or appointment, or separation from employment or appointment, of any correctional officer. The department must maintain the form and submit, or electronically transmit, a copy of the form to the commission. “Separation from employment or appointment” includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave of absence of any correctional officer.

(3) In a case of separation from employment or appointment, the department shall execute and maintain an affidavit-of-separation form adopted by the commission, setting forth in detail the facts and reasons for such separation. A copy of the affidavit-of-separation form must be submitted, or electronically transmitted, to the commission. If the correctional officer is separated for failure to comply with s. 943.13, the notice must so specify. The affidavit must be executed under oath and constitutes an official statement within the purview of s. 837.06. The affidavit must include conspicuous language that intentional false execution of the affidavit constitutes a misdemeanor of the second degree. Any correctional officer who has separated from employment or appointment must be permitted to respond to the separation, in writing, to the commission, setting forth the facts and reasons for the separation as the officer understands them.

(4) Before employing or appointing any correctional officer, the department must contact the commission to inquire as to the facts and reasons an officer became separated from any previous employing agency. The commission shall, upon request and without prejudice, provide to the department all information that is required under subsections (2) and (3) and that is in its possession.

(5) An administrator of the department who discloses information pursuant to this section is immune from civil liability in accordance with the provisions of s. 768.095.

History: s. 53, ch. 96-312; s. 13, ch. 2019-113.
Fla. Stat. § 626.9923 — Florida Code / Title XXXVII / Chapter 626 / Part X / Section 626.9923
626.9923 Viatical settlement contracts; required disclosures.
Status: in_force

The viatical settlement broker, or the viatical settlement provider in transactions in which no broker is used, must inform the viator by the date of application for a viatical settlement contract:

(1) That there are possible alternatives to viatical settlement contracts for persons who have a catastrophic or life-threatening illness, including, but not limited to, accelerated benefits offered by the issuer of a life insurance policy.

(2) That proceeds of the viatical settlement could be taxable, and assistance should be sought from a personal tax advisor.

(3) That viatical settlement proceeds could be subject to the claims of creditors.

(4) That receipt of viatical settlement proceeds could adversely affect the recipient’s eligibility for Medicaid or other government benefits or entitlements, and advice should be obtained from the appropriate agencies.

(5) That all viatical settlement contracts entered into in this state must contain an unconditional rescission provision which allows the viator to rescind the contract within 15 days after the viator receives the viatical settlement proceeds, conditioned on the return of such proceeds.

(6) The name, business address, and telephone number of the independent third-party escrow agent, and the fact that the viator may inspect or receive copies of the relevant escrow or trust agreements or documents.

History: s. 14, ch. 96-336.
Fla. Stat. § 607.608 — Florida Code / Title XXXVI / Chapter 607 / Part III / Section 607.608
607.608 Benefit director.
Status: in_force

(1) If the articles of incorporation so provide, the board of directors of a benefit corporation may include a director who is designated as the benefit director and, in addition to the powers, duties, rights, and immunities of the other directors of the benefit corporation, has the powers, duties, rights, and immunities provided in this part.

(2) The benefit director shall be elected, and may be removed, in the manner provided by this chapter. Except as provided under subsection (5), the benefit director shall be independent and may serve as a benefit officer. The articles of incorporation or bylaws may prescribe additional qualifications of the benefit director.

(3) Unless the articles of incorporation or bylaws provide otherwise, the benefit director shall prepare, and the benefit corporation shall include in the annual benefit report to shareholders required under s. 607.612, the opinion of the benefit director on the following: (a) Whether the benefit corporation in all material respects acted in accordance with its general public benefit purpose and any specific public benefit purpose during the period covered by the report. (b) Whether the directors and officers complied with ss. 607.607(1) and 607.609(1). (c) Whether the benefit corporation or its directors or officers failed to comply with paragraph (a) or s. 607.607(1) or s. 607.609(1), including a description of the ways in which the benefit corporation or its directors or officers failed to comply.

(4) The action or inaction of an individual in his or her capacity as a benefit director shall constitute for all purposes an action or inaction of that individual in his or her capacity as a director of the benefit corporation.

(5) The benefit director of a corporation formed under chapter 621 is not required to be independent.

History: s. 28, ch. 2014-209.
Fla. Stat. § 186.801 — Florida Code / Title XIII / Chapter 186 / Section 186.801
186.801 Ten-year site plans.
Status: in_force

(1) Each electric utility shall submit to the Public Service Commission a 10-year site plan which shall estimate its power-generating needs and the general location of its proposed power plant sites. The 10-year plan shall be reviewed and submitted not less frequently than every 2 years.

(2) Within 9 months after the receipt of the proposed plan, the commission shall make a preliminary study of such plan and classify it as “suitable” or “unsuitable.” The commission may suggest alternatives to the plan. All findings of the commission shall be made available to the Department of Environmental Protection for its consideration at any subsequent electrical power plant site certification proceedings. It is recognized that 10-year site plans submitted by an electric utility are tentative information for planning purposes only and may be amended at any time at the discretion of the utility upon written notification to the commission. A complete application for certification of an electrical power plant site under chapter 403, when such site is not designated in the current 10-year site plan of the applicant, shall constitute an amendment to the 10-year site plan. In its preliminary study of each 10-year site plan, the commission shall consider such plan as a planning document and shall review: (a) The need, including the need as determined by the commission, for electrical power in the area to be served. (b) The effect on fuel diversity within the state. (c) The anticipated environmental impact of each proposed electrical power plant site. (d) Possible alternatives to the proposed plan. (e) The views of appropriate local, state, and federal agencies, including the views of the appropriate water management district as to the availability of water and its recommendation as to the use by the proposed plant of salt water or fresh water for cooling purposes. (f) The extent to which the plan is consistent with the state comprehensive plan. (g) The plan with respect to the information of the state on energy availability and consumption. (h) The amount of renewable energy resources the utility produces or purchases. (i) The amount of renewable energy resources the utility plans to produce or purchase over the 10-year planning horizon and the means by which the production or purchases will be achieved. (j) A statement describing how the production and purchase of renewable energy resources impact the utility’s present and future capacity and energy needs.

(3) In order to enable it to carry out its duties under this section, the commission may, after hearing, establish a study fee which shall not exceed $1,000 for each proposed plan studied.

(4) The commission may adopt rules governing the method of submitting, processing, and studying the 10-year plans as required by this section.

History: s. 1, ch 73-33; s. 2, ch. 76-76; s. 77, ch. 79-190; s. 2, ch. 81-167; s. 3, ch. 83-55; s. 41, ch. 94-356; s. 2, ch. 95-328; s. 15, ch. 2006-230; s. 2, ch. 2012-117; s. 32, ch. 2020-2.
Fla. Stat. § 218.3215 — Florida Code / Title XIV / Chapter 218 / Part III / Section 218.3215
218.3215 County transportation project data.
Status: in_force

(1) Each county shall, annually by January 15, report to the Office of Economic and Demographic Research all of the following information, by county fiscal year, for surtax revenues received pursuant to s. 212.055(1): (a) Total proceeds from the surtax received by the county. (b) The amount allocated by the county for road and bridge projects. The Office of Economic and Demographic Research, in consultation with the Department of Transportation, shall define broad categories, including, but not limited to, widening, repair and rehabilitation, sidewalks, or payment or pledge of bonds for the construction of roads or bridges, for reporting this information. This information must be reported as a total by category and by revenue source by category. (c) The total expenditure on road and bridge projects by category. (d) The unexpended balances of funds allocated to road and bridge projects by category. (e) A list of current road and bridge projects, including the project cost, location, and scope. (f) The amount allocated by the county to all other permissible uses of the proceeds from the surtax, excluding road and bridge projects and the payment or pledge of bonds for the construction of roads or bridges.

(2) Counties shall report the information required by this section in the format specified by the Office of Economic and Demographic Research. The Office of Economic and Demographic Research shall compile the information into a report and provide the report to the President of the Senate, the Speaker of the House of Representatives, and the Department of Transportation.

History: s. 2, ch. 2025-149.
Fla. Stat. § 15.182 — Florida Code / Title IV / Chapter 15 / Section 15.182
15.182 International travel by state-funded musical, cultural, or artistic organizations; notification to the Department of State.
Status: in_force

(1) If a musical, cultural, or artistic organization that receives state funding is traveling internationally for a presentation, performance, or other significant public viewing, including an organization associated with a college or university, such organization shall notify the Department of State in writing of its intentions to travel, together with the date, time, and location of each appearance. The notice shall be provided to the department at least 30 days prior to the date the international travel is to commence or, when an intention to travel internationally is not formed at least 30 days in advance of the date the travel is to commence, as soon as feasible after forming such travel intention. The department shall take an active role in informing such artistic organizations of the responsibility to provide notice of international travel intentions.

(2) The Department of State, in conjunction with the Department of Commerce, shall act as an intermediary between performing musical, cultural, and artistic organizations and Florida businesses to encourage and coordinate joint undertakings. Such coordination may include, but is not limited to, encouraging business and industry to sponsor cultural events, assistance with travel of such organizations, and coordinating travel schedules of cultural performance groups and international trade missions.

History: s. 4, ch. 97-278; s. 4, ch. 99-2; s. 5, ch. 2004-242; s. 38, ch. 2011-142; s. 2, ch. 2020-93; s. 8, ch. 2023-173.
Fla. Stat. § 712.12 — Florida Code / Title XL / Chapter 712 / Section 712.12
712.12 Covenant or restriction revitalization by parcel owners not subject to a homeowners’ association.
Status: in_force

(1) As used in this section, the term: (a) “Community” means the real property that is subject to a covenant or restriction that is recorded in the county where the property is located. (b) “Covenant or restriction” means any agreement or limitation contained in a document recorded in the public records of the county in which a parcel is located and which subjects the parcel to any use restriction that may be enforced by a parcel owner. (c) “Parcel” means real property that is used for residential purposes and that is subject to exclusive ownership and any covenant or restriction that may be enforced by a parcel owner. (d) “Parcel owner” means the record owner of legal title to a parcel.

(2) The parcel owners of a community not subject to a homeowners’ association may use the procedures set forth in ss. 720.403-720.407 to revive covenants or restrictions that have lapsed under the terms of this chapter, except: (a) A reference to a homeowners’ association or articles of incorporation or bylaws of a homeowners’ association under ss. 720.403-720.407 is not required to revive the covenants or restrictions. (b) The approval required under s. 720.405(6) must be in writing, and not at a meeting. (c) The requirements under s. 720.407(2) may be satisfied by having the organizing committee execute the revived covenants or restrictions in the name of the community. (d) The indexing requirements under s. 720.407(3) may be satisfied by indexing the community name in the covenants or restrictions as the grantee and the parcel owners as the grantors.

(3) With respect to any parcel that has ceased to be governed by covenants or restrictions as of October 1, 2018, the parcel owner may commence an action by October 1, 2019, for a judicial determination that the covenants or restrictions did not govern that parcel as of October 1, 2018, and that any revitalization of such covenants or restrictions as to that parcel would unconstitutionally deprive the parcel owner of rights or property.

(4) Revived covenants or restrictions that are implemented pursuant to this section do not apply to or affect the rights of the parcel owner which are recognized by any court order or judgment in any action commenced by October 1, 2019, and any such rights so recognized may not be subsequently altered by revived covenants or restrictions implemented under this section without the consent of the affected parcel owner.

History: s. 6, ch. 2018-55; s. 3, ch. 2022-171.
Fla. Stat. § 680.508 — Florida Code / Title XXXIX / Chapter 680 / Part V / Section 680.508
680.508 Lessee’s remedies.
Status: in_force

(1) If a lessor fails to deliver the goods in conformity to the lease contract (s. 680.509) or repudiates the lease contract (s. 680.402), or a lessee rightfully rejects the goods (s. 680.509) or justifiably revokes acceptance of the goods (s. 680.517), then with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (s. 680.51), the lessor is in default under the lease contract; and the lessee may: (a) Cancel the lease contract (s. 680.505(1)). (b) Recover so much of the rent and security as has been paid and is that which is just under the circumstances. (c) Cover and recover damages as to all goods affected, whether or not they have been identified to the lease contract (ss. 680.518 and 680.52), or recover damages for nondelivery (ss. 680.519 and 680.52). (d) Exercise any other rights or pursue any other remedies provided in the lease contract.

(2) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also: (a) If the goods have been identified, recover them (s. 680.522); or (b) In a proper case, obtain specific performance or replevy the goods (s. 680.521).

(3) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided for in the lease contract, which may include a right to cancel the lease, and in s. 680.519(3).

(4) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (s. 680.519(4)).

(5) On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessee’s possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to the provisions of s. 680.527(5).

(6) Subject to the provisions of s. 680.407, a lessee, on notifying the lessor of the lessee’s intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.

History: s. 1, ch. 90-278; s. 36, ch. 98-11.
Fla. Stat. § 907.04 — Florida Code / Title XLVII / Chapter 907 / Section 907.04
907.04 Disposition of defendant upon arrest.
Status: in_force

(1) Except as provided in subsection (2), if a person who is arrested does not have a right to bail for the offense charged, he or she shall be delivered immediately into the custody of the sheriff of the county in which the indictment, information, or affidavit is filed. If the person who is arrested has a right to bail, he or she shall be released after giving bond on the amount specified in the warrant.

(2) If the person who is arrested is, at the time of arrest, in the custody of the Department of Corrections under sentence of imprisonment, unless otherwise ordered by the court, such person shall remain in the department’s custody pending disposition of the charge or until the person’s underlying sentence of imprisonment expires, whichever occurs earlier. If the arrested state prisoner’s presence is required in court for any reason, the provisions of s. 944.17(8) shall apply.

History: s. 133a, ch. 19554, 1939; CGL 1940 Supp. 8663(139); s. 67, ch. 70-339; s. 1508, ch. 97-102; s. 1, ch. 2006-99.