FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 672.207 — Florida Code / Title XXXIX / Chapter 672 / Part II / Section 672.207
672.207 Additional terms in acceptance or confirmation.
Status: in_force

(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.

(2) The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless: (a) The offer expressly limits acceptance to the terms of the offer; (b) They materially alter it; or (c) Notification of objection to them has already been given or is given within a reasonable time after notice of them is received.

(3) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this code.

History: s. 1, ch. 65-254.
Fla. Stat. § 315.10 — Florida Code / Title XXII / Chapter 315 / Section 315.10
315.10 Refunding bonds.
Status: in_force

The governing body is hereby authorized to provide by resolution for the issuance of refunding bonds of the unit for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this law or which shall have been issued to provide funds for the payment of the cost of any port facilities under the provisions of any other law, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the governing body, for the additional purpose of acquiring or constructing additional port facilities. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the unit in respect of the same, shall be governed by the provisions of this law insofar as the same may be applicable.

History: s. 10, ch. 59-411.
Fla. Stat. § 88.6021 — Florida Code / Title VI / Chapter 88 / Part VI / Section 88.6021
88.6021 Procedure to register order for enforcement.
Status: in_force

(1) Except as otherwise provided in s. 88.7061, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state: (a) A letter of transmittal to the tribunal requesting registration and enforcement. (b) Two copies, including one certified copy, of the order to be registered, including any modification of the order. (c) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage. (d) The name of the obligor and, if known: 1. The obligor’s address and social security number. 2. The name and address of the obligor’s employer and any other source of income of the obligor. 3. A description and the location of property of the obligor in this state not exempt from execution. (e) Except as otherwise provided in s. 88.3121, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

(2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.

(3) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

(4) If two or more orders are in effect, the person requesting registration shall: (a) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section; (b) Specify the order alleged to be the controlling order, if any; and (c) Specify the amount of consolidated arrears, if any.

(5) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

History: s. 6, ch. 96-189; s. 45, ch. 2011-92.
Fla. Stat. § 772.17 — Florida Code / Title XLV / Chapter 772 / Section 772.17
772.17 Limitation of actions.
Status: in_force

Notwithstanding any other provision of law, a civil action or proceeding under this chapter may be commenced at any time within 5 years after the conduct in violation of a provision of this act terminates or the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought or intervened in by the state or by the United States to punish, prevent, or restrain any criminal activity or criminal conduct which forms the basis for a civil action under this chapter, the running of the period of limitations prescribed by this section shall be suspended during the pendency of such prosecution, action, or proceeding and for 2 years following its termination.

History: s. 3, ch. 86-277.
Fla. Stat. § 520.69 — Florida Code / Title XXXIII / Chapter 520 / Part V / Section 520.69
520.69 Scope of license authority; scope of provisions.
Status: in_force

(1) All persons engaged in the home improvement business as defined herein shall be required to obtain a license under this act as well as any other licenses required by law.

(2) No mortgage broker’s license shall be required pursuant to chapter 494 of a person whose business is exclusively in home improvement contracts or related instruments.

(3) This act may not be construed to limit or restrict the power of a city or county to regulate the quality, performance, or character of work of contractors, including requiring submission to and approval by the city or county of plans and specifications for an installation before commencement of construction of the installation, inspection of work done, and regulation by a system of permits and inspections which are designed to secure compliance with, and aid in the enforcement of, applicable state and local building laws, or enforcement of other laws necessary for the protection of the public health and safety.

(4) Nothing in this section may be construed to authorize a city or county to enact ordinances or regulations relating to the qualifications necessary to engage in the home improvement business.

History: s. 1, ch. 69-44; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 80-256; s. 2, ch. 81-318; ss. 35, 36, ch. 90-103; s. 4, ch. 91-429.
Fla. Stat. § 605.1064 — Florida Code / Title XXXVI / Chapter 605 / Section 605.1064
605.1064 Notice of intent to demand payment.
Status: in_force

(1) If a proposed appraisal event is submitted to a vote at a members’ meeting, a member who is entitled to and who wishes to assert appraisal rights with respect to a class or series of membership interests: (a) Must deliver, before the vote is taken, to any other member of a member-managed limited liability company, to a manager of a manager-managed limited liability company, or, if the limited liability company has appointed officers, to an officer written notice of such person’s intent to demand payment if the proposed appraisal event is effectuated; and (b) May not vote, or cause or permit to be voted, any membership interests of the class or series in favor of the appraisal event.

(2) If a proposed appraisal event is to be approved by less than unanimous written consent of the members, a member who is entitled to and who wishes to assert appraisal rights with respect to a class or series of membership interests must not sign a consent in favor of the proposed appraisal event with respect to that class or series of membership interests.

(3) A person who may otherwise be entitled to appraisal rights, but does not satisfy the requirements of subsection (1) or subsection (2), is not entitled to payment under ss. 605.1006 and 605.1061-605.1072.

History: s. 2, ch. 2013-180.
Fla. Stat. § 629.251 — Florida Code / Title XXXVII / Chapter 629 / Section 629.251
629.251 Aggregate liability.
Status: in_force

No one policy or subscriber as to such policy shall be assessed or charged with an aggregate of contingent liability as to obligations incurred by a domestic reciprocal insurer in any one calendar year in excess of the amount provided for in the power of attorney or in the subscribers’ agreement, computed solely upon premium earned on such policy during that year.

History: s. 695, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 681, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
Fla. Stat. § 985.438 — Florida Code / Title XLVII / Chapter 985 / Part VII / Section 985.438
985.438 Graduated response matrix.
Status: in_force

(1) The department shall create and administer a statewide plan to hold youths accountable to the terms of their court-ordered probation and the terms of their conditional release. The plan must be based upon the principle that sanctions must reflect the seriousness of the violation, provide immediate accountability for violations, the assessed criminogenic needs and risks of the child, and the child’s age and maturity level. The plan is designed to provide swift and appropriate consequences or incentives to a child who is alleged to be noncompliant with or in violation of his or her probation.

(2) The graduated response matrix shall outline sanctions for youth based on their risk to reoffend and shall include, but not be limited to: (a) Increased contacts. (b) Increased drug tests. (c) Curfew reductions. (d) Increased community service. (e) Additional evaluations. (f) Addition of electronic monitoring.

(3) The graduated response matrix shall be adopted in rule by the department.

History: s. 14, ch. 2024-130.
Fla. Stat. § 196.1977 — Florida Code / Title XIV / Chapter 196 / Section 196.1977
196.1977 Exemption for property used by proprietary continuing care facilities.
Status: in_force

(1) Each apartment in a continuing care facility certified under chapter 651, which facility is not qualified for exemption under s. 196.1975, or other similar exemption, is exempt to the extent of $25,000 of assessed valuation of such property for each apartment which is occupied on January 1 of the year in which exemption from ad valorem property taxation is requested by a person holding a continuing care contract as defined under chapter 651 who resides therein and in good faith makes the same his or her permanent home. No apartment shall be eligible for the exemption provided under this section if the resident of the apartment is eligible for the homestead exemption under s. 196.031.

(2) Each facility applying for an exemption must file with the annual application for exemption an affidavit from each person who occupies an apartment for which an exemption is claimed stating that the person resides therein and in good faith makes that apartment his or her permanent residence.

(3) Any portion of such property used for nonexempt purposes may be valued and placed upon the tax rolls separately from any portion entitled to exemption.

(4) The owner shall disclose to a qualifying resident the full amount of the benefit derived from the exemption and the method for ensuring that the resident receives such benefit. The resident shall receive the full benefit derived from this exemption in either an annual or monthly credit to his or her unit’s monthly maintenance fee. For a nonqualifying resident who subsequently qualifies for the exemption, the same disclosure shall be made.

(5) It is the intent of the Legislature that this section implements s. 6(c), Art. VII of the State Constitution.

History: s. 2, ch. 98-177; s. 28, ch. 2010-5.
Fla. Stat. § 456.016 — Florida Code / Title XXXII / Chapter 456 / Section 456.016
456.016 Use of professional testing services.
Status: in_force

Notwithstanding any other provision of law to the contrary, the department may use a professional testing service to prepare, administer, grade, and evaluate any computerized examination, when that service is available and approved by the board, or the department if there is no board.

History: s. 53, ch. 97-261; s. 48, ch. 2000-160.
Fla. Stat. § 870.06 — Florida Code / Title XLVI / Chapter 870 / Section 870.06
870.06 Unauthorized military organizations.
Status: in_force

No body of persons, other than the regularly organized land and naval militia of this state, the troops of the United States, and the students of regularly chartered educational institutions where military science is a prescribed part of the course of instruction, shall associate themselves together as a military organization for drill or parade in public with firearms, in this state, without special license from the Governor for each occasion, and application for such license must be approved by the mayor and aldermen of the cities and towns where such organizations may propose to parade. Each person unlawfully engaging in the formation of such military organization, or participating in such drill or parade, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History: s. 15, ch. 1466, 1866; RS 2411; s. 10, ch. 5202, 1903; GS 3246; RGS 5077; CGL 7179; s. 1129, ch. 71-136; s. 1403, ch. 97-102.
Fla. Stat. § 459.0141 — Florida Code / Title XXXII / Chapter 459 / Section 459.0141
459.0141 Sexual misconduct in the practice of osteopathic medicine.
Status: in_force

The osteopathic physician-patient relationship is founded on mutual trust. Sexual misconduct in the practice of osteopathic medicine means violation of the osteopathic physician-patient relationship through which the osteopathic physician uses the relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of the practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of osteopathic medicine is prohibited.

History: ss. 13, 17, ch. 89-374; s. 4, ch. 91-429.
Fla. Stat. § 381.7356 — Florida Code / Title XXIX / Chapter 381 / Section 381.7356
381.7356 Local matching funds; grant awards.
Status: in_force

(1) One or more Closing the Gap grants may be awarded in a county, or in a group of adjoining counties from which a multicounty application is submitted.

(2) Closing the Gap grants shall be awarded on a matching basis. One dollar in local matching funds must be provided for each $3 grant payment made by the state, except that: (a) In counties with populations greater than 50,000, up to 50 percent of the local match may be in kind in the form of free services or human resources. Fifty percent of the local match must be in the form of cash. (b) In counties with populations of 50,000 or less, the required local matching funds may be provided entirely through in-kind contributions. (c) Grant awards to Front Porch Florida Communities shall not be required to have a matching requirement.

(3) The amount of the grant award shall be based on the county or neighborhood’s population, or on the combined population in a group of adjoining counties from which a multicounty application is submitted, and on other factors, as determined by the department.

(4) The department may not establish a minimum amount or a maximum amount for grants and shall determine the amount of each award based on the merits of the application. The department shall ensure that grants are awarded to applicants in various regions of this state.

(5) In addition to the requirements provided in s. 381.7353, and subject to the availability of state and federal funds in the HIV/AIDS program, the department shall promote synergistic initiatives between the Closing the Gap grant program and the HIV/AIDS program to leverage the expertise of the Closing the Gap grant program. These initiatives may include the establishment of a supplemental grant program whereby persons, entities, or organizations eligible for a Closing the Gap grant under s. 381.7354 may submit to the department a grant proposal, pursuant to the application process established under s. 381.7355, for funding to further the purposes listed in s. 381.7355(2)(a) and to promote innovative prevention, treatment, and awareness initiatives for minority populations in metropolitan areas which have a higher prevalence of HIV/AIDS for the purposes of reducing the incidence of the HIV infection in such communities and prioritizing the identification of individuals, in a manner consistent with the clinical guidelines of the federal Health Resources and Services Administration, who are not yet aware of their HIV status.

(6) A Closing the Gap grant shall be funded for 1 year and may be renewed annually upon application to and approval by the department, subject to the achievement of quality standards, objectives, and outcomes and to the availability of funds.

(7) Implementation of the Reducing Racial and Ethnic Health Disparities: Closing the Gap grant program shall be subject to a specific appropriation provided in the General Appropriations Act.

History: s. 32, ch. 2000-256; s. 61, ch. 2012-184; s. 3, ch. 2019-154.
Fla. Stat. § 455.2235 — Florida Code / Title XXXII / Chapter 455 / Section 455.2235
455.2235 Mediation.
Status: in_force

(1) Notwithstanding the provisions of s. 455.225, the board, or the department when there is no board, shall adopt rules to designate which violations of the applicable professional practice act are appropriate for mediation. The board, or the department when there is no board, may designate as mediation offenses those complaints where harm caused by the licensee is economic in nature or can be remedied by the licensee.

(2) After the department determines a complaint is legally sufficient and the alleged violations are defined as mediation offenses, the department or any agent of the department may conduct informal mediation to resolve the complaint. If the complainant and the subject of the complaint agree to a resolution of a complaint within 14 days after contact by the mediator, the mediator shall notify the department of the terms of the resolution. The department or board shall take no further action unless the complainant and the subject each fail to record with the department an acknowledgment of satisfaction of the terms of mediation within 60 days of the mediator’s notification to the department. In the event the complainant and subject fail to reach settlement terms or to record the required acknowledgment, the department shall process the complaint according to the provisions of s. 455.225.

(3) Conduct or statements made during mediation are inadmissible in any proceeding pursuant to s. 455.225. Further, any information relating to the mediation of a case shall be subject to the confidentiality provisions of s. 455.225.

(4) No licensee shall go through the mediation process more than three times without approval of the department. The department may consider the subject and dates of the earlier complaints in rendering its decision. Such decision shall not be considered a final agency action for purposes of chapter 120.

(5) If any board fails to adopt rules designating which violations are appropriate for resolution by mediation by January 1, 1995, the department shall have exclusive authority to, and shall, adopt rules to designate the violations which are appropriate for mediation. Any board created on or after January 1, 1995, shall have 6 months to adopt rules designating which violations are appropriate for mediation, after which time the department shall have exclusive authority to adopt rules pursuant to this section. A board shall have continuing authority to amend its rules adopted pursuant to this section.

History: s. 19, ch. 92-149; s. 8, ch. 94-119.
Fla. Stat. § 790.336 — Florida Code / Title XLVI / Chapter 790 / Section 790.336
790.336 Lists, records, or registries to be destroyed.
Status: in_force

Any list, record, or registry maintained or under construction on the effective date of this act shall be destroyed, unless prohibited by law, within 60 calendar days after this act becomes law. Thereafter, failure to destroy any such list, record, or registry may result in prosecution under this act.

History: s. 2, ch. 2004-59.
Fla. Stat. § 320.862 — Florida Code / Title XXIII / Chapter 320 / Section 320.862
320.862 Revocation of license held by firms or corporations.
Status: in_force

If any applicant or licensee is a firm or corporation, it shall be sufficient cause for the denial, suspension, or revocation of a license that any officer, director, or trustee of the firm or corporation, or any member in case of a partnership, has been guilty of an act or omission which would be cause for refusing, suspending, or revoking a license to such party as an individual. Each licensee shall be responsible for the acts of any of its employees while acting as its agent if the licensee approved of, or had knowledge of, the acts or other similar acts and, after such approval or knowledge, retained the benefits, proceeds, profits, or advantages accruing from, or otherwise ratified, the acts.

History: s. 13, ch. 74-68; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 16, 17, ch. 80-217; ss. 2, 3, ch. 81-318; ss. 19, 20, ch. 88-147; s. 4, ch. 91-429.
Fla. Stat. § 501.92 — Florida Code / Title XXXIII / Chapter 501 / Part VI / Section 501.92
501.92 Formula may be required.
Status: in_force

The department may, if required for the analysis of antifreeze by the department, require the applicant to furnish a statement of the formula of such antifreeze, unless the applicant can furnish other satisfactory evidence that such antifreeze is not adulterated or misbranded. Such statement need not include inhibitor or other minor ingredients which total less than 5 percent by weight of the antifreeze; and, if over 5 percent, the composition of the inhibitor and such other ingredients may be given in generic terms.

History: s. 10, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429; s. 14, ch. 2018-84.
Fla. Stat. § 663.303 — Florida Code / Title XXXVIII / Chapter 663 / Part II / Section 663.303
663.303 Creation of an international development bank.
Status: in_force

When authorized by the office as provided herein, a corporation may be formed under the laws of this state for the purpose of becoming an international development bank and engaging in activities authorized by this part.

History: ss. 1, 5, ch. 86-82; s. 1, ch. 91-307; s. 1, ch. 92-303; s. 1846, ch. 2003-261.