FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 68.09 — Florida Code / Title VI / Chapter 68 / Section 68.09
68.09 Burden of proof.
Status: in_force

(1) In any action brought under this act, the department or the qui tam plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

(2) Notwithstanding any other provision of law, a final judgment or decree rendered in favor of the state or the Federal Government in any criminal proceeding concerning the conduct of the defendant that forms the basis for a civil cause of action under this act, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant in any action by the department pursuant to this act as to all matters as to which such judgment or decree would be an estoppel as if the department had been a party in the criminal proceeding.

History: s. 10, ch. 94-316; s. 10, ch. 2013-104.
Fla. Stat. § 601.37 — Florida Code / Title XXXV / Chapter 601 / Section 601.37
601.37 Unlawful acts of inspectors.
Status: in_force

An authorized inspector may not make or deliver a certificate of inspection and maturity and quality of any citrus fruit or the canned or concentrated products thereof upon which the inspection fees and advertising assessments have not been paid or the payment thereof guaranteed, or make or issue any false certificate as to inspection, maturity, quality, or payment of inspection fees.

History: s. 37, ch. 25149, 1949; s. 29, ch. 2012-182.
Fla. Stat. § 402.115 — Florida Code / Title XXIX / Chapter 402 / Section 402.115
402.115 Sharing confidential or exempt information.
Status: in_force

Notwithstanding any other provision of law to the contrary, the Department of Health, the Department of Children and Families, and the Agency for Persons with Disabilities may share confidential information or information exempt from disclosure under chapter 119 on any individual who is or has been the subject of a program within the jurisdiction of each agency. Information so exchanged remains confidential or exempt as provided by law.

History: s. 19, ch. 98-191; s. 45, ch. 2006-227; s. 130, ch. 2014-19.
Fla. Stat. § 1013.356 — Florida Code / Title XLVIII / Chapter 1013 / Part III / Section 1013.356
1013.356 Local funding for educational facilities benefit districts or community development districts.
Status: in_force

Upon confirmation by a district school board of the commitment of revenues by an educational facilities benefit district or community development district necessary to construct and maintain an educational facility contained within an individual district facilities work program or proposed by an approved charter school or a charter school applicant, the following funds shall be provided to the educational facilities benefit district or community development district annually, beginning with the next fiscal year after confirmation until the district’s financial obligations are completed:

(1) All educational facilities impact fee revenue collected for new development within the educational facilities benefit district or community development district. Funds provided under this subsection shall be used to fund the construction and capital maintenance costs of educational facilities.

(2) For construction and capital maintenance costs not covered by the funds provided under subsection (1), an annual amount contributed by the district school board equal to one-half of the remaining costs of construction and capital maintenance of the educational facility. Any construction costs above the cost-per-student criteria established in s. 1013.64(6)(b)1. shall be funded exclusively by the educational facilities benefit district or the community development district. Funds contributed by a district school board shall not be used to fund operational costs.

Educational facilities funded pursuant to this act may be constructed on land that is owned by any person after the district school board has acquired from the owner of the land a long-term lease for the use of this land for a period of not less than 40 years or the life expectancy of the permanent facilities constructed thereon, whichever is longer. All interlocal agreements entered into pursuant to this act shall provide for ownership of educational facilities funded pursuant to this act to revert to the district school board if such facilities cease to be used for public educational purposes prior to 40 years after construction or prior to the end of the life expectancy of the educational facilities, whichever is longer.

History: s. 19, ch. 2002-296; s. 131, ch. 2003-1; s. 62, ch. 2013-35.
Fla. Stat. § 607.609 — Florida Code / Title XXXVI / Chapter 607 / Part III / Section 607.609
607.609 Standard of conduct for officers.
Status: in_force

(1) If an officer of a benefit corporation reasonably believes that a matter may have a material effect on the ability of the corporation to create, or the creation by the corporation of, general public benefit or a specific public benefit identified in the articles of incorporation and the officer has discretion to act on the matter, the officer shall consider the interests and factors provided in s. 607.607(1).

(2) The officer’s consideration of interests and factors under subsection (1) does not constitute a violation of s. 607.0841.

(3) Except as provided in the articles of incorporation, an officer is not personally liable for monetary damages to the corporation or to any other person for the failure of the benefit corporation to pursue or create general public benefit or a specific public benefit; however, he or she is subject to s. 607.0841.

(4) Except as provided in the articles of incorporation, an officer does not have a duty to a person who is a beneficiary of the general public benefit purpose or any specific public benefit purpose of the benefit corporation arising from the status of the person as a beneficiary.

History: s. 29, ch. 2014-209.
Fla. Stat. § 316.189 — Florida Code / Title XXIII / Chapter 316 / Section 316.189
316.189 Establishment of municipal and county speed zones.
Status: in_force

(1) MUNICIPAL SPEED. — The maximum speed within any municipality is 30 miles per hour. With respect to residence districts, a municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It shall not be necessary to conduct a separate investigation for each residence district. A municipality may set speed zones altering the speed limit, both as to maximum, not to exceed 60 miles per hour, and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no changes shall be made on state highways or connecting links or extensions thereof, which shall be changed only by the Department of Transportation.

(2) SPEED ON COUNTY ROADS. — The maximum speed on any county-maintained road is: (a) In any business or residence district, 30 miles per hour in the daytime or nighttime; provided that with respect to residence districts a county may set a maximum speed limit of 25 miles per hour after an investigation determines that such a limit is reasonable; and it shall not be necessary to conduct a separate investigation in each residence district. (b) On any other part of a county road not a business or residence district, as set forth in s. 316.183. However, the board of county commissioners may set speed zones altering such speeds, both as to maximum and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no such speed zone shall permit a speed of more than 60 miles per hour.

(3) POSTING OF SPEED LIMITS. — All speed zones shall be posted with clearly legible signs. No change in speeds from 30 miles per hour or from those established in s. 316.183 shall take effect until the zone is posted by the authority changing the speed pursuant to this section and s. 316.187. All signs which limit or establish speed limits, maximum and minimum, shall be so placed and so painted as to be plainly visible and legible in daylight or in darkness when illuminated by headlights.

(4) PENALTY. — Violation of the speed limits established under this section must be cited as a moving violation, punishable as provided in chapter 318.

History: s. 1, ch. 71-135; ss. 1, 19, ch. 76-31; s. 2, ch. 76-218; s. 1, ch. 88-47; s. 22, ch. 90-227; s. 48, ch. 96-323; s. 22, ch. 96-350.
Fla. Stat. § 111.045 — Florida Code / Title X / Chapter 111 / Section 111.045
111.045 Salaries of officers payable upon requisition.
Status: in_force

The salary of every officer shall be payable monthly upon his or her own requisition.

History: Former s. 3, Art. XVI 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; see Flack v. Graham , 453 So. 2d 819 (Fla. 1984); s. 674, ch. 95-147.
Fla. Stat. § 320.414 — Florida Code / Title XXIII / Chapter 320 / Section 320.414
320.414 Restraining and enjoining violation.
Status: in_force

In a suit or other proceeding instituted in any court of competent jurisdiction in the name of the state by the Department of Legal Affairs or by a state attorney at the direction of the department, any motor carrier who violates any of the provisions of this chapter or who fails to pay the taxes and all interest and penalties due by the motor carrier to the state or the International Registration Plan under the provisions of this chapter may be restrained and enjoined from operating any commercial motor vehicle within this state until such motor carrier has paid all of such taxes, interest, and penalties due the state and has complied with the provisions of this chapter. Any proceeding instituted under this section shall not operate as a bar to the prosecution of any person guilty of violating any of the criminal laws of the state.

History: s. 40, ch. 87-198; s. 366, ch. 95-148.
Fla. Stat. § 290.06561 — Florida Code / Title XIX / Chapter 290 / Section 290.06561
290.06561 Designation of rural enterprise zone as catalyst site.
Status: in_force

Notwithstanding s. 290.0065(1), the Department of Commerce, upon request of the host county, shall designate as a rural enterprise zone any catalyst site as defined in s. 288.0656(2)(b) that was approved before January 1, 2010, and that is not located in an existing rural enterprise zone. The request from the host county must include the legal description of the catalyst site and the name and contact information for the county development authority responsible for managing the catalyst site. The designation shall provide businesses locating within the catalyst site the same eligibility for economic incentives and other benefits of a rural enterprise zone designated under s. 290.0065. The reporting criteria for a catalyst site designated as a rural enterprise zone under this section are the same as for other rural enterprise zones. Host county development authorities may enter into memoranda of agreement, as necessary, to coordinate their efforts to implement this section.

History: s. 1, ch. 2010-108; s. 225, ch. 2011-142; s. 85, ch. 2024-6.
Fla. Stat. § 255.519 — Florida Code / Title XVIII / Chapter 255 / Section 255.519
255.519 Variable rate obligations.
Status: in_force

(1) With respect to the provisions of s. 215.84(3), if the interest rate on bonds bearing a floating or variable rate of interest as calculated on the date of the initial sale thereof does not exceed the limitation provided by s. 215.84(3), so long as the basis, method, or formula for computing the floating or variable rate does not change during the life of the bonds, subsequent increases in the interest rate in accordance with said basis, method, or formula shall not cause the interest rate on the bonds to violate the limitation provided by s. 215.84(3). A certificate by the issuer of the bonds as to the computation of the interest rate in compliance with this requirement shall be deemed conclusive evidence of compliance with the provisions of s. 215.84(3).

(2) With respect to all variable rate obligations of 5 years’ maturity or less for purposes of determining compliance with all rate covenant tests under this act, the State Board of Administration shall recompute debt service to an amount which will fully amortize the debt in level payments of principal and interest over 25 years at the assumed rate.

History: s. 18, ch. 85-349.
Fla. Stat. § 794.075 — Florida Code / Title XLVI / Chapter 794 / Section 794.075
794.075 Sexual predators; erectile dysfunction drugs.
Status: in_force

(1) A person may not possess a prescription drug, as defined in s. 499.003(40), for the purpose of treating erectile dysfunction if the person is designated as a sexual predator under s. 775.21.

(2) A person who violates a provision of this section for the first time commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates a provision of this section a second or subsequent time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History: s. 1, ch. 2006-150; s. 41, ch. 2008-207; s. 44, ch. 2010-161; s. 46, ch. 2016-24; s. 20, ch. 2016-212; s. 34, ch. 2025-156.
Fla. Stat. § 768.138 — Florida Code / Title XLV / Chapter 768 / Part I / Section 768.138
768.138 Interruption of electric utility service by order of law enforcement; immunity.
Status: in_force

The good-faith compliance by an electric utility, as defined in s. 366.02, or the utility’s personnel, with a law enforcement or judicial order to interrupt or disconnect electric service at a location for the purpose of aiding law enforcement personnel in the performance of their duties constitutes an absolute defense for the electric utility and its personnel to any civil, criminal, or administrative action arising out of such interruption or disconnection, as long as the electric utility and its personnel exercise reasonable care in their actions. However, this provision does not create a duty of care where none existed prior to the enactment of this section.

History: s. 1, ch. 2001-165.
Fla. Stat. § 538.31 — Florida Code / Title XXXIII / Chapter 538 / Part III / Section 538.31
538.31 Definitions; applicability.
Status: in_force

(1) As used in this part, the term: (a) “Department” means the Department of Revenue. (b) “Jewelry” means a personal ornament that contains precious metals and may contain gemstones. (c) “Mail-in secondhand precious metals dealer” means any person or entity that: 1. Conducts business within this state and that contracts with other persons or entities to buy precious metals or jewelry through an Internet website, the United States mail, or telemarketing; or 2. Conducts business within this state and regularly engages in the business of purchasing jewelry or precious metals through the mail or Internet-based transactions. (d) “Precious metals” means any item containing any gold, silver, or platinum, or any combination thereof. (e) “Seller” means any person or entity offering precious metals or jewelry for purchase which belong solely to that person or entity and has absolute authority to sell such goods. (f) “Transaction” includes any event relating to the purchase of secondhand precious metals or jewelry by a mail-in secondhand precious metals dealer.

(2) This part does not apply to: (a) Any person or entity that is available to the public for walk-in business and regulated under part I. (b) The purchase, consignment, or trade of secondhand precious metals or jewelry with another mail-in secondhand precious metals dealer or secondhand dealer regulated under part I.

History: s. 2, ch. 2009-158; s. 3, ch. 2009-162.
Fla. Stat. § 607.0128 — Florida Code / Title XXXVI / Chapter 607 / Part I / Section 607.0128
607.0128 Certificate of status.
Status: in_force

(1) The department, upon request and payment of the requisite fee, shall issue a certificate of status for a corporation if the records filed in the department show that the department has accepted and filed the corporation’s articles of incorporation. A certificate of status must state the following: (a) The corporation’s name. (b) That the corporation was organized under the laws of this state and the date of organization. (c) Whether all fees due to the department under this chapter have been paid. (d) Whether the corporation’s most recent annual report required under s. 607.1622 has been filed by the department. (e) Whether the department has administratively dissolved the corporation or received a record notifying the department that the corporation has been dissolved by judicial action pursuant to s. 607.1433. (f) Whether the department has filed articles of dissolution for the corporation.

(2) The department, upon request and payment of the requisite fee, shall furnish a certificate of status for a foreign corporation if the records filed show that the department has filed a certificate of authority. A certificate of status for a foreign corporation must state the following: (a) The foreign corporation’s name and any current alternate name adopted pursuant to s. 607.1506 for use in this state. (b) That the foreign corporation is authorized to transact business in this state. (c) Whether all fees and penalties due to the department under this chapter or other law have been paid. (d) Whether the foreign corporation’s most recent annual report required under s. 607.1622 has been filed by the department. (e) Whether the department has: 1. Revoked the foreign corporation’s certificate of authority; or 2. Filed a notice of withdrawal of certificate of authority.

(3) Subject to any qualification stated in the certificate, a certificate of status issued by the department is conclusive evidence that the domestic corporation is in existence and is of active status in this state or that the foreign corporation is authorized to transact business in this state and is of active status in this state.

History: s. 11, ch. 89-154; s. 11, ch. 2019-90.
Fla. Stat. § 605.1053 — Florida Code / Title XXXVI / Chapter 605 / Section 605.1053
605.1053 Approval of domestication.
Status: in_force

A plan of domestication of a domesticating entity shall be approved:

(1) In accordance with the organic law of the domesticating entity’s jurisdiction of formation; and

(2) In a record, by each of the domesticating entity’s owners who will have interest holder liability for debts, obligations, and other liabilities that arise after the domestication becomes effective, unless: (a) The organic rules of the domesticating entity in a record provide for the approval of a domestication in which some or all of the persons who are its owners become subject to interest holder liability by the vote or consent of fewer than all of the persons who are its owners; and (b) The person who will be a member of the domesticated limited liability company consented in a record to or voted for that provision of the organic rules of the domesticating entity or became an owner of the domesticating entity after the adoption of that provision.

History: s. 2, ch. 2013-180.
Fla. Stat. § 191.015 — Florida Code / Title XIII / Chapter 191 / Section 191.015
191.015 Codification.
Status: in_force

Each fire control district existing on the effective date of this section, by December 1, 2004, shall submit to the Legislature a draft codified charter, at its expense, so that its special acts may be codified into a single act for reenactment by the Legislature, if there is more than one special act for the district. The Legislature may adopt a schedule for individual district codification. Any codified act relating to a district, which act is submitted to the Legislature for reenactment, shall provide for the repeal of all prior special acts of the Legislature relating to the district. The codified act shall be filed with the Department of Commerce pursuant to s. 189.016(2).

History: s. 15, ch. 97-256; s. 4, ch. 98-320; s. 73, ch. 2011-142; s. 76, ch. 2014-22; s. 43, ch. 2024-6.
Fla. Stat. § 402.35 — Florida Code / Title XXIX / Chapter 402 / Section 402.35
402.35 Employees.
Status: in_force

All personnel of the Department of Children and Families shall be governed by rules and regulations adopted and promulgated by the Department of Management Services relative thereto except the director and persons paid on a fee basis. The Department of Children and Families may participate with other state departments and agencies in a joint merit system.

History: s. 1, ch. 69-268; ss. 19, 31, 35, ch. 69-106; s. 1, ch. 70-255; s. 17, ch. 78-433; s. 126, ch. 92-279; s. 55, ch. 92-326; s. 149, ch. 99-8; s. 58, ch. 2011-213; s. 147, ch. 2014-19.
Fla. Stat. § 316.420 — Florida Code / Title XXIII / Chapter 316 / Section 316.420
316.420 Stop lamps.
Status: in_force

Every motorcycle and motor-driven cycle shall be equipped with at least one stop lamp meeting the requirements of s. 316.234(1). A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History: s. 1, ch. 71-135; s. 1, ch. 76-31; s. 225, ch. 99-248.
Fla. Stat. § 817.021 — Florida Code / Title XLVI / Chapter 817 / Part I / Section 817.021
817.021 False information to obtain a seaport security identification card.
Status: in_force

A person who willfully and knowingly provides false information in obtaining or attempting to obtain a seaport security identification card commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

History: s. 7, ch. 2006-193.
Fla. Stat. § 392.565 — Florida Code / Title XXIX / Chapter 392 / Section 392.565
392.565 Execution of certificate for involuntary hold.
Status: in_force

When a person who has active tuberculosis or who is reasonably suspected of having active tuberculosis presents to a physician licensed under chapter 458 or chapter 459 for examination or treatment and the physician has reason to believe that if the person leaves the treatment location the person will pose a threat to the public health based on test results or the patient’s medical history and the physician has reason to believe that the person is not likely to appear at a hearing scheduled under s. 392.55 or s. 392.56, the treating physician shall request the State Health Officer or his or her designee to order that the person be involuntarily held by executing a certificate stating that the person appears to meet the criteria for involuntary examination or treatment and stating the observation upon which that conclusion is based. The sheriff of the county in which the certificate was issued shall take such person into custody and shall deliver the person to the nearest available licensed hospital, or to another location where isolation is available, as appropriate, for observation, examination, and treatment for a period not to exceed 72 hours, pending a hearing scheduled under s. 392.55 or s. 392.56. The certificate must be filed with the circuit court in which the person is involuntarily held and constitutes a petition for a hearing under s. 392.55 or s. 392.56.

History: s. 8, ch. 94-320; s. 1042, ch. 95-148; s. 35, ch. 97-237.
Fla. Stat. § 455.017 — Florida Code / Title XXXII / Chapter 455 / Section 455.017
455.017 Applicability of this chapter.
Status: in_force

This chapter applies only to the regulation of professions by the department.

History: s. 60, ch. 94-218; s. 4, ch. 2010-106.