FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 1006.0625 — Florida Code / Title XLVIII / Chapter 1006 / Part I / Section 1006.0625
1006.0625 Administration of psychotropic medication; prohibition; conditions.
Status: in_force

(1) As used in this section, the term “psychotropic medication” means a prescription medication that is used for the treatment of mental disorders and includes, without limitation, antihypnotics, antipsychotics, antidepressants, anxiety agents, sedatives, psychomotor stimulants, and mood stabilizers.

(2) A public school may not deny any student access to programs or services because the parent of the student has refused to place the student on psychotropic medication.

(3) A public school teacher and school district personnel may share school-based observations of a student’s academic, functional, and behavioral performance with the student’s parent and offer program options and other assistance that is available to the parent and the student based on the observations. However, a public school teacher and school district personnel may not compel or attempt to compel any specific actions by the parent or require that a student take medication. A parent may refuse psychological screening of the student.

Any medical decision made to address a student’s needs is a matter between the student, the student’s parent, and a competent health care professional chosen by the parent.

History: s. 6, ch. 2005-65.
Fla. Stat. § 414.33 — Florida Code / Title XXX / Chapter 414 / Section 414.33
414.33 Violations of food assistance program.
Status: in_force

(1) In accordance with federal law and regulations, the department shall establish procedures for notifying the appropriate federal and state agencies of any violation of federal or state laws or rules governing the food assistance program.

(2) In addition, the department shall establish procedures for referring any case that involves a suspected violation of federal or state law or rules governing the administration of the food assistance program to the Department of Financial Services pursuant to s. 414.411.

History: s. 35, ch. 96-175; s. 7, ch. 99-333; s. 9, ch. 2010-144; s. 26, ch. 2010-209.
Fla. Stat. § 681.106 — Florida Code / Title XXXIX / Chapter 681 / Section 681.106
681.106 Bad faith claims.
Status: in_force

Any claim by a consumer which is found by the court to have been filed in bad faith or solely for the purpose of harassment, or in complete absence of a justiciable issue of either law or fact raised by the consumer, shall result in the consumer being liable for all costs and reasonable attorney’s fees incurred by the manufacturer, or its agent, as a direct result of the bad faith claim.

History: s. 6, ch. 83-69; s. 19, ch. 88-95; s. 4, ch. 91-429.
Fla. Stat. § 916.303 — Florida Code / Title XLVII / Chapter 916 / Part III / Section 916.303
916.303 Determination of incompetency; dismissal of charges.
Status: in_force

(1) The charges against any defendant found to be incompetent to proceed due to intellectual disability or autism shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed within a reasonable time after such determination, not to exceed 2 years, unless the court in its order specifies its reasons for believing that the defendant will become competent to proceed within the foreseeable future and specifies the time within which the defendant is expected to become competent to proceed. The charges may be refiled by the state if the defendant is declared competent to proceed in the future.

(2) If the charges are dismissed and if the defendant is considered to lack sufficient capacity to give express and informed consent to a voluntary application for services and lacks the basic survival and self-care skills to provide for his or her well-being or is likely to physically injure himself or herself or others if allowed to remain at liberty, the agency, the state attorney, or the defendant’s attorney shall apply to the committing court to involuntarily admit the defendant to residential services pursuant to s. 393.11.

(3) If the defendant is considered to need involuntary residential services for reasons described in subsection (2) and, further, there is a substantial likelihood that the defendant will injure another person or continues to present a danger of escape, and all available less restrictive alternatives, including services in community residential facilities or other community settings, which would offer an opportunity for improvement of the condition have been judged to be inappropriate, the agency, the state attorney, or the defendant’s counsel may request the committing court to continue the defendant’s placement in a secure facility pursuant to this part. Any placement so continued must be reviewed by the court at least annually at a hearing. The annual review and hearing must determine whether the defendant continues to meet the criteria described in this subsection and, if so, whether the defendant still requires involuntary placement in a secure facility and whether the defendant is receiving adequate care, treatment, habilitation, and rehabilitation, including psychotropic medication and behavioral programming. Notice of the annual review and review hearing shall be given to the state attorney and the defendant’s attorney. A defendant’s placement in a secure facility may not exceed the maximum sentence for the crime for which the defendant was charged.

History: s. 27, ch. 98-92; s. 56, ch. 99-7; s. 21, ch. 2006-195; s. 35, ch. 2013-162.
Fla. Stat. § 350.03 — Florida Code / Title XXVII / Chapter 350 / Section 350.03
350.03 Power of Governor to remove and to fill vacancies.
Status: in_force

The Governor shall have the same power to remove, suspend, or appoint to fill vacancies in the office of commissioners as in other offices, as set forth in s. 7, Art. IV of the State Constitution.

History: s. 1, ch. 4700, 1899; GS 2884; RGS 4609; CGL 6694; s. 2, ch. 81-318; s. 6, ch. 87-50; s. 33, ch. 2008-227.
Fla. Stat. § 459.005 — Florida Code / Title XXXII / Chapter 459 / Section 459.005
459.005 Rulemaking authority.
Status: in_force

The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it.

History: ss. 1, 6, ch. 79-230; ss. 2, 3, ch. 81-318; ss. 27, 29, ch. 86-290; s. 4, ch. 91-429; s. 121, ch. 98-200; s. 101, ch. 99-397; s. 4, ch. 2009-198; s. 7, ch. 2010-211; s. 95, ch. 2012-184; s. 5, ch. 2019-130.
Fla. Stat. § 673.6021 — Florida Code / Title XXXIX / Chapter 673 / Part VI / Section 673.6021
673.6021 Payment.
Status: in_force

(1) Subject to subsection (2), an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay the instrument and to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under s. 673.3061 by another person.

(2) The obligation of a party to pay the instrument is not discharged under subsection (1) if: (a) A claim to the instrument under s. 673.3061 is enforceable against the party receiving payment and: 1. Payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction; or 2. In the case of an instrument other than a cashier’s check, teller’s check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or (b) The person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument.

History: s. 2, ch. 92-82.
Fla. Stat. § 492.113 — Florida Code / Title XXXII / Chapter 492 / Section 492.113
492.113 Disciplinary proceedings.
Status: in_force

(1) The following acts constitute grounds for which the disciplinary actions in subsection (3) may be taken: (a) Violation of any provision of s. 492.112 or any other provision of this chapter. (b) Attempting to procure a license to practice professional geology by bribery or fraudulent misrepresentations. (c) Having a license to practice professional geology revoked, suspended, or otherwise acted against, including the denial of licensure by the licensing authority of another state, territory, or country. (d) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of professional geology or the ability to practice professional geology. (e) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records include only those that are signed in the capacity of a licensed professional geologist. (f) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content. (g) Committing an act of fraud or deceit, negligence, incompetence, or misconduct in the practice of professional geology. (h) Violation of chapter 455. (i) Practicing on a revoked, suspended, inactive, or delinquent license. (j) Affixing or permitting to be affixed her or his name to geological papers, reports, or documents that were not prepared by her or him or under her or his responsible supervision, direction, or control. (k) Violating a rule of the department or board or any order of the department or board previously entered in a disciplinary hearing.

(2) The board shall specify, by rule, what acts or omissions constitute a violation of subsection (1).

(3) When the board finds any person guilty of any of the grounds set forth in subsection (1), it may enter an order imposing one or more of the following penalties: (a) Denial of an application for licensure. (b) Revocation or suspension of a license. (c) Imposition of an administrative fine not to exceed $1,000 for each count or separate offense. (d) Issuance of a reprimand. (e) Placement of the licensee on probation for a period of time and subject to such conditions as the board may specify. (f) Restriction of the authorized scope of practice by the licensee.

(4) The department shall reissue the license of a disciplined professional geologist upon certification by the board that the disciplined person has complied with the terms and conditions set forth in the final order.

History: ss. 13, 19, ch. 87-403; s. 4, ch. 91-429; s. 293, ch. 94-119; s. 524, ch. 97-103; s. 157, ch. 98-166; s. 218, ch. 2000-160; s. 63, ch. 2000-356; s. 3, ch. 2004-294; s. 73, ch. 2020-160.
Fla. Stat. § 20.42 — Florida Code / Title IV / Chapter 20 / Section 20.42
20.42 Agency for Health Care Administration.
Status: in_force

(1) There is created a department that, notwithstanding the provisions of s. 20.04(1), shall be called the Agency for Health Care Administration.

(2) The head of the department is the Secretary of Health Care Administration, who shall be appointed by the Governor, subject to confirmation by the Senate. The secretary shall serve at the pleasure of and report to the Governor.

(3) The department shall be the chief health policy and planning entity for the state. The department is responsible for health facility licensure, inspection, and regulatory enforcement; investigation of consumer complaints related to health care facilities and managed care plans; the implementation of the certificate of need program; the operation of the Florida Center for Health Information and Transparency; the administration of the Medicaid program; the administration of the contracts with the Florida Healthy Kids Corporation; the certification of health maintenance organizations and prepaid health clinics as set forth in part III of chapter 641; and any other duties prescribed by statute or agreement. The department is the lead agency responsible for the regulation of hospices, assisted living facilities, adult day care centers, and adult family-care homes.

History: s. 1, ch. 92-33; s. 2, ch. 93-129; s. 3, ch. 94-218; s. 10, ch. 96-403; s. 2, ch. 97-92; s. 1, ch. 98-89; s. 8, ch. 2000-209; s. 2, ch. 2000-305; s. 6, ch. 2006-261; s. 10, ch. 2016-234; s. 3, ch. 2019-11.
Fla. Stat. § 944.597 — Florida Code / Title XLVII / Chapter 944 / Section 944.597
944.597 Transportation and return of prisoners by private transport company.
Status: in_force

(1) The department is authorized to contract with private transport companies for the transportation of prisoners both within and beyond the limits of this state. Each prisoner shall be taken into custody by the transport company for the purpose of transportation and then delivered by the same transport company to the proper law enforcement official upon arriving at the point of destination. Any private transport company transporting a prisoner pursuant to this section shall be considered an independent contractor and shall be solely liable for the prisoner while she or he is in the custody of such company.

(2) The department shall include, but is not limited to, the following requirements in any contract with any transport company: (a) That the transport company shall maintain adequate liability coverage with respect to the transportation of prisoners. (b) That the transport company shall require its employees to complete at least 100 hours of training before transporting prisoners. The curriculum for such training must be approved by the department and include instruction in: 1. Use of restraints; 2. Searches of prisoners; 3. Use of force, including use of appropriate weapons and firearms; 4. Cardiopulmonary resuscitation; 5. Map reading; and 6. Defensive driving. (c) That the transport company shall adhere to standards which provide for humane treatment of prisoners while in the custody of the transport company. (d) That the transport company shall submit reports to the department regarding incidents of escape, use of force, and accidents involving prisoners in the custody of the transport company.

(3) Any company providing transport of inmates, pursuant to this section shall hold a Class “B” license pursuant to chapter 493, and any employee of such a company shall hold a Class “D” and Class “G” license pursuant to chapter 493.

(4) The department shall advertise for and receive competitive bids for the transportation of prisoners and award the contract to the lowest and best bidder.

History: s. 7, ch. 85-340; s. 1656, ch. 97-102; s. 5, ch. 2017-31.
Fla. Stat. § 631.66 — Florida Code / Title XXXVII / Chapter 631 / Part II / Section 631.66
631.66 Immunity.
Status: in_force

There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer, the association or its agents or employees, the board of directors, the Chief Financial Officer, or the department or office or their representatives for any action taken by them in the performance of their powers and duties under this part. Such immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.

History: s. 17, ch. 70-20; s. 809(1st), ch. 82-243; ss. 96, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1358, ch. 2003-261.
Fla. Stat. § 620.1109 — Florida Code / Title XXXVI / Chapter 620 / Part I / Section 620.1109
620.1109 Department of State; fees.
Status: in_force

In addition to the supplemental corporate fee of $88.75 imposed pursuant to s. 607.193, the fees of the Department of State under this act are as follows:

(1) For furnishing a certified copy: $52.50 for the first 15 pages plus $1.00 for each additional page.

(2) For filing an original certificate of limited partnership: $965.

(3) For filing an original application for registration as a foreign limited partnership: $965.

(4) For filing certificate of conversion: $52.50.

(5) For filing certificate of merger: $52.50 for each party thereto.

(6) For filing a reinstatement: $500 for each calendar year or part thereof the limited partnership was administratively dissolved or foreign limited partnership was revoked in the records of the Department of State.

(7) For filing an annual report: $411.25.

(8) For filing a certificate: (a) Designating a registered agent: $35; (b) Changing a registered agent or registered office address: $35; (c) Resigning as a registered agent: $87.50; or (d) Of amendment or restatement of the certificate of limited partnership: $52.50;

(9) For filing a statement of termination: $52.50.

(10) For filing a notice of cancellation for foreign limited partnership: $52.50.

(11) For furnishing a certificate of status or authorization: $8.75.

(12) For filing a certificate of dissolution: $52.50.

(13) For filing a certificate of revocation of dissolution: $52.50.

(14) For filing any other domestic or foreign limited partnership document: $52.50.

History: s. 17, ch. 2005-267.
Fla. Stat. § 732.701 — Florida Code / Title XLII / Chapter 732 / Part VII / Section 732.701
732.701 Agreements concerning succession.
Status: in_force

(1) No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two attesting witnesses. Such an agreement executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where the agreement was executed, whether or not the agreeing party is a Florida resident at the time of death.

(2) The execution of a joint will or mutual wills neither creates a presumption of a contract to make a will nor creates a presumption of a contract not to revoke the will or wills.

History: s. 1, ch. 74-106; s. 39, ch. 75-220; s. 55, ch. 2001-226.
Fla. Stat. § 471.031 — Florida Code / Title XXXII / Chapter 471 / Section 471.031
471.031 Prohibitions; penalties.
Status: in_force

(1) A person may not: (a) Practice engineering unless the person is licensed or exempt from licensure under this chapter. (b)1. Except as provided in subparagraph 2. or subparagraph 3., use the name or title “professional engineer” or any other title, designation, words, letters, abbreviations, or device tending to indicate that such person holds an active license as an engineer when the person is not licensed under this chapter, including, but not limited to, the following titles: “agricultural engineer,” “air-conditioning engineer,” “architectural engineer,” “building engineer,” “chemical engineer,” “civil engineer,” “control systems engineer,” “electrical engineer,” “environmental engineer,” “fire protection engineer,” “industrial engineer,” “manufacturing engineer,” “mechanical engineer,” “metallurgical engineer,” “mining engineer,” “minerals engineer,” “marine engineer,” “nuclear engineer,” “petroleum engineer,” “plumbing engineer,” “structural engineer,” “transportation engineer,” “software engineer,” “computer hardware engineer,” or “systems engineer.” 2. Any person who is exempt from licensure under s. 471.003(2)(j) may use the title or personnel classification of “engineer” in the scope of his or her work under that exemption if the title does not include or connote the term “professional engineer,” “registered engineer,” “licensed engineer,” “registered professional engineer,” or “licensed professional engineer.” 3. Any person who is exempt from licensure under s. 471.003(2)(c) or (e) may use the title or personnel classification of “engineer” in the scope of his or her work under that exemption if the title does not include or connote the term “professional engineer,” “registered engineer,” “licensed engineer,” “registered professional engineer,” or “licensed professional engineer” and if that person is a graduate from an approved engineering curriculum of 4 years or more in a school, college, or university which has been approved by the board. (c) Present as his or her own the license of another. (d) Give false or forged evidence to the board or a member thereof. (e) Use or attempt to use a license that has been suspended, revoked, or placed on inactive or delinquent status. (f) Employ nonexempt unlicensed persons to practice engineering. (g) Conceal information relative to violations of this chapter.

(2) Any person who violates any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History: ss. 14, 42, ch. 79-243; ss. 2, 3, ch. 81-318; s. 47, ch. 83-329; ss. 9, 14, 15, ch. 89-30; s. 4, ch. 91-429; s. 215, ch. 94-119; s. 335, ch. 97-103; s. 41, ch. 2000-356; s. 28, ch. 2002-299; s. 3, ch. 2003-425; s. 3, ch. 2004-332.
Fla. Stat. § 476.204 — Florida Code / Title XXXII / Chapter 476 / Section 476.204
476.204 Penalties.
Status: in_force

(1) It is unlawful for any person to: (a) Hold himself or herself out as a barber unless duly licensed as provided in this chapter. (b) Operate any barbershop unless it has been duly licensed as provided in this chapter. (c) Permit an employed person to practice barbering unless duly licensed, or otherwise authorized, as provided in this chapter. (d) Present as his or her own the license of another. (e) Give false or forged evidence to the department in obtaining any license provided for in this chapter. (f) Impersonate any other licenseholder of like or different name. (g) Use or attempt to use a license that has been revoked. (h) Violate any provision of s. 455.227(1), s. 476.194, or s. 476.214. (i) Violate or refuse to comply with any provision of this chapter or chapter 455 or a rule or final order of the board.

(2) Any person who violates any provision of this section shall be subject to one or more of the following penalties, as determined by the board: (a) Revocation or suspension of any license or registration issued pursuant to this chapter. (b) Issuance of a reprimand or censure. (c) Imposition of an administrative fine not to exceed $500 for each count or separate offense. (d) Placement on probation for a period of time and subject to such reasonable conditions as the board may specify. (e) Refusal to certify to the department an applicant for licensure.

History: ss. 20, 28, ch. 78-155; s. 131, ch. 79-164; ss. 2, 3, ch. 81-318; ss. 16, 19, 20, ch. 85-297; s. 34, ch. 89-344; s. 4, ch. 91-429; s. 10, ch. 94-119; s. 400, ch. 97-103; s. 125, ch. 98-166; s. 5, ch. 98-323; s. 185, ch. 2000-160; s. 58, ch. 2009-195; s. 49, ch. 2010-106.
Fla. Stat. § 373.506 — Florida Code / Title XXVIII / Chapter 373 / Part V / Section 373.506
373.506 Costs of district.
Status: in_force

If it should appear necessary to procure funds with which to pay the expenses of a district, or to meet emergencies, before a sufficient sum can be obtained from the collection of the tax, the board may borrow a sufficient amount of money to pay expenses and to meet emergencies and may issue interest-bearing negotiable notes therefor and pledge the proceeds of the tax imposed under the provisions of this chapter for the repayment thereof. Said board may issue to any person performing work or services or furnishing anything of value interest-bearing negotiable evidence of debt.

History: s. 19, ch. 25209, 1949; s. 25, ch. 73-190; s. 15, ch. 76-243.
Fla. Stat. § 112.3147 — Florida Code / Title X / Chapter 112 / Part III / Section 112.3147
112.3147 Forms.
Status: in_force

Except as otherwise provided, all information required to be furnished by ss. 112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149 and by s. 8, Art. II of the State Constitution shall be on forms prescribed by the Commission on Ethics.

History: s. 7, ch. 74-177; s. 3, ch. 76-18; s. 7, ch. 90-502; s. 8, ch. 91-85; s. 12, ch. 2000-243; s. 5, ch. 2006-275; s. 11, ch. 2013-36.