FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 61.739 — Florida Code / Title VI / Chapter 61 / Part IV / Section 61.739
61.739 Grant of temporary caretaking authority to nonparent.
Status: in_force

(1) Upon the motion of a deploying parent and in accordance with general law, if it is in the best interest of the child, a court may grant temporary caretaking authority to a nonparent who is an adult family member of the child or an adult who is not a family member with whom the child has a close and substantial relationship. In the case of an adult who is not a family member with whom the child has a close and substantial relationship, the best interest of the child must be established by clear and convincing evidence.

(2) Unless a grant of caretaking authority to a nonparent is agreed to by the other parent, the grant is limited to an amount of time that may not exceed: (a) The amount of time granted to the deploying parent under a permanent custody order; however, the court may add travel time necessary to transport the child; or (b) In the absence of a permanent custody order that is currently in effect, the amount of time the deploying parent habitually cared for the child before being notified of deployment; however, the court may add travel time necessary to transport the child.

(3) If, due to the operational constraints of the deployment, or a portion thereof, the deploying parent is unable to exercise decisionmaking authority and if it is in the best interest of the child, a court may grant part of that authority to a nonparent who is an adult family member of the child or an adult who is not a family member with whom the child has a close and substantial relationship. In the case of an adult who is not a family member with whom the child has a close and substantial relationship, the best interest of the child must be established by clear and convincing evidence. A grant of decisionmaking authority to a nonparent must be narrowly drawn to the reasonably foreseeable needs of the child during the time that the deploying parent is unable to exercise such authority and must consider the role of the other parent. If a court grants the authority to a nonparent, the court shall specify the decisionmaking powers granted and the duration of such grant, which shall not exceed the length of time in which the deploying parent is unable to exercise decisionmaking authority. Except as otherwise specified in this subsection, the deploying parent retains his or her decisionmaking authority for the child during deployment.

History: s. 1, ch. 2018-69.
Fla. Stat. § 286.031 — Florida Code / Title XIX / Chapter 286 / Section 286.031
286.031 Authority of Department of State in connection with patents, trademarks, copyrights, etc.
Status: in_force

The Department of State is authorized to do and perform any and all things necessary to secure letters patent, copyright and trademark on any invention or otherwise, and to enforce the rights of the state therein; to license, lease, assign, or otherwise give written consent to any person, firm or corporation for the manufacture or use thereof, on a royalty basis, or for such other consideration as said department shall deem proper; to take any and all action necessary, including legal actions, to protect the same against improper or unlawful use or infringement, and to enforce the collection of any sums due the state and said department for the manufacture or use thereof by any other party; to sell any of the same and to execute any and all instruments on behalf of the state necessary to consummate any such sale; and to do any and all other acts necessary and proper for the execution of powers and duties herein conferred upon said department for the benefit of the state.

History: s. 2, ch. 21959, 1943; ss. 22, 35, ch. 69-106; s. 2, ch. 70-440; s. 16, ch. 79-65.
Fla. Stat. § 560.128 — Florida Code / Title XXXIII / Chapter 560 / Part I / Section 560.128
560.128 Customer contacts; license display.
Status: in_force

(1) A money services business and authorized vendor must provide each customer with a toll-free telephone number for the purpose of contacting the money services business or authorized vendor or, in lieu of a toll-free telephone number, the address and telephone number of the office may be provided.

(2) The commission may by rule require a licensee to display its license at each location where the licensee engages in the activities authorized by the license.

History: s. 1, ch. 94-238; s. 1, ch. 94-354; s. 5, ch. 97-59; s. 708, ch. 2003-261; s. 23, ch. 2008-177.
Fla. Stat. § 704.07 — Florida Code / Title XL / Chapter 704 / Section 704.07
704.07 Solar easements; creation; remedies.
Status: in_force

(1) Easements obtained for the purpose of maintaining exposure of a solar energy device shall be created in writing and shall be subject to being recorded and indexed in the same manner as any other instrument affecting the title to real property. Solar easements may be preserved and protected from extinguishment by the filing of a notice in the form and in accordance with the provisions set forth in ss. 712.05 and 712.06.

(2) In addition to fulfilling the requirements of law relating to conveyance of interests in land, the instrument creating the solar easement shall include: (a) A description of the properties, servient and dominant. (b) The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement. (c) A description of where the easement falls across the servient property in relation to existing boundaries and various setbacks established by the local zoning authority. (d) The point on the dominant property from where the angles describing the solar easement are to be measured. (e) Terms or conditions under which the solar easement is granted or will terminate. (f) Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.

(3) No structure under construction on October 1, 1978, shall be subject to any solar easement recorded pursuant to this section.

History: ss. 2, 3, ch. 78-309.
Fla. Stat. § 112.46 — Florida Code / Title X / Chapter 112 / Part V / Section 112.46
112.46 Period during which suspension will lie.
Status: in_force

Any officer subject to suspension by the Governor pursuant to the State Constitution shall be subject to such suspension from the date provided by law for such officer to take office whether or not the Governor has executed and delivered the commission of office to the said officer. It is the intent of this part to provide that the formal execution of a commission by the Governor and a delivery thereof to the officer is a ministerial duty not necessary either to the performance of the duties of that officer or to the susceptibility to suspension of that officer. However, nothing in this part shall prohibit or preclude any officer claiming title to any office from seeking a judicial determination of his or her right to such office, regardless of the issuance or nonissuance of a commission to such office.

History: s. 7, ch. 69-277; s. 715, ch. 95-147.
Fla. Stat. § 872.04 — Florida Code / Title XLVI / Chapter 872 / Section 872.04
872.04 Autopsies; consent required, exception.
Status: in_force

(1) “Autopsy” means a postmortem dissection of a dead human body in order to determine the cause, seat, or nature of disease or injury and includes the retention of tissues customarily removed during the course of autopsy for evidentiary, identification, diagnostic, scientific, or therapeutic purposes.

(2) Unless otherwise authorized by statute, no autopsy shall be performed without the written consent by the health care surrogate, as provided in s. 765.202, if one has been designated. If a health care surrogate has not been designated, then written consent may be provided by the spouse, nearest relative, or, if no such next of kin can be found, the person who has assumed custody of the body for purposes of burial. When two or more persons assume custody of the body for such purposes, then the consent of any one of them shall be sufficient to authorize the autopsy.

(3) Any such written consent may be given by telegram, and any telegram purporting to have been sent by a person authorized to give such consent will be presumed to have been sent by such person. A duly witnessed telephone permission is acceptable in lieu of written permission in those circumstances where obtaining written permission would result in undue delay.

(4) If after diligent search and inquiry it is established by the chief law enforcement officer having jurisdiction, through his or her examination of missing persons records and other inquiry, that no person can be found who can authorize an autopsy as herein provided, then after a reasonable time, any person licensed to practice medicine under chapter 458 or osteopathic medicine under chapter 459, and whose practice involves the usual performance of autopsies, may conduct an autopsy, without written consent, on the remains for purposes of confirming medical diagnosis and suspected communicable diseases; and no cause of action will be brought against such physician for performance of such autopsy. A reasonable time for purposes of this provision shall be not less than 48 hours or more than 72 hours after death.

History: ss. 1-3, ch. 67-87; s. 1, ch. 70-367; s. 1, ch. 78-34; s. 182, ch. 79-164; s. 1, ch. 93-15; s. 1409, ch. 97-102.
Fla. Stat. § 941.20 — Florida Code / Title XLVII / Chapter 941 / Part I / Section 941.20
941.20 Guilt or innocence of accused, when inquired into.
Status: in_force

The guilt or innocence of the accused as to the crime of which he or she is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.

History: s. 20, ch. 20460, 1941; s. 1611, ch. 97-102.
Fla. Stat. § 493.6405 — Florida Code / Title XXXII / Chapter 493 / Part IV / Section 493.6405
493.6405 Sale of motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment by a licensee; penalty.
Status: in_force

(1) A Class “E” or Class “EE” licensee shall obtain, prior to sale, written authorization and a negotiable title from the owner or lienholder to sell any repossessed motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment.

(2) A Class “E” or Class “EE” licensee shall send the net proceeds from the sale of such repossessed motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment to the owner or lienholder, within 20 working days after the licensee executes the documents which permit the transfer of legal ownership to the purchaser.

(3) A person who violates a provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History: ss. 5, 11, ch. 90-364; s. 4, ch. 91-429; s. 7, ch. 2005-143.
Fla. Stat. § 338.2276 — Florida Code / Title XXVI / Chapter 338 / Section 338.2276
338.2276 Western Beltway turnpike project; financing.
Status: in_force

Upon a determination of economic feasibility, as defined in s. 338.221(8), for part C of the Western Beltway turnpike project, which part extends from Florida’s Turnpike near Ocoee in Orange County southerly through Orange County and Osceola County to an interchange with I-4 near the Osceola/Polk County line, the Department of Transportation shall include a request for the issuance of turnpike revenue bonds to construct the project as part of its next legislative budget request and tentative work program. If funding is insufficient to construct part C, it is the intent of the Legislature that such project be given priority as a project financed from subsequent issuances of turnpike revenue bonds approved by the Legislature; however, such priority consideration is contingent on the project’s meeting all economic feasibility requirements and upon the project’s being financed without the use of capitalized interest.

History: s. 13, ch. 90-136; s. 47, ch. 95-257; s. 21, ch. 97-280.
Fla. Stat. § 673.4201 — Florida Code / Title XXXIX / Chapter 673 / Part IV / Section 673.4201
673.4201 Conversion of instrument.
Status: in_force

(1) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by: (a) The issuer or acceptor of the instrument; or (b) A payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a copayee.

(2) In an action under subsection (1), the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff’s interest in the instrument.

(3) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.

History: s. 2, ch. 92-82.
Fla. Stat. § 501.922 — Florida Code / Title XXXIII / Chapter 501 / Part VI / Section 501.922
501.922 Violation.
Status: in_force

(1) The department may enter an order imposing one or more of the following penalties against any person who violates ss. 501.91-501.923 or who impedes, obstructs, or hinders the department in performing its duties under those sections: (a) Imposition of an administrative fine in the Class II category pursuant to s. 570.971 for each violation. (b) Revocation or suspension of any registration issued by the department. Any period of suspension may not exceed 1 year.

(2) If a registrant in violation of ss. 501.91-501.923 fails to pay a fine within 30 days after imposition of the fine, the department may suspend all registrations issued to the registrant by the department until the fine is paid.

(3) All fines collected by the department shall be deposited in the General Inspection Trust Fund.

History: s. 12, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429; s. 66, ch. 92-291; s. 643, ch. 97-103; s. 4, ch. 99-391; s. 44, ch. 2014-150.
Fla. Stat. § 220.735 — Florida Code / Title XIV / Chapter 220 / Part VIII / Section 220.735
220.735 Production of witnesses and records.
Status: in_force

(1) The department, or any officer or employee of the department designated by the executive director in writing or by regulation, shall at its, her, or his own instance, or on the written request of any other party to the proceeding, issue subpoenas requiring the attendance of, and the giving of testimony by, witnesses and issue subpoenas duces tecum requiring the production of books, papers, records, or memoranda. All subpoenas and subpoenas duces tecum issued under this chapter may be served by any person of full age.

(2) Witnesses other than employees of the state shall be entitled to receive for attendance and travel the same fees as witnesses before the circuit courts of this state, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed for the department or any officer or employee thereof, such fees shall be paid in the same manner as other expenses of the department. When the witness is subpoenaed for any other party, the cost of subpoena service and the witness fee shall be borne by the party at whose instance the witness is summoned, and the department may, in its discretion, require a deposit or advance payment to cover the cost of such service and witness fee. Subpoenas issued hereunder shall be served in the same manner as subpoenas issued from the circuit courts.

(3) Any circuit court of the state, or any judge thereof, upon application of the department or any officer or employee thereof or upon the application of any other party to the proceeding may, in its, her, or his discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda, and the giving of testimony before the department or any officer or employee thereof conducting an investigation authorized by this chapter in the same manner as the production of evidence may be compelled before said court.

History: s. 19, ch. 71-359; s. 54, ch. 78-95; s. 58, ch. 91-112; s. 1190, ch. 95-147.
Fla. Stat. § 617.1302 — Florida Code / Title XXXVI / Chapter 617 / Section 617.1302
617.1302 Authorized distributions.
Status: in_force

(1) A mutual benefit corporation may purchase its memberships pursuant to s. 617.0608 only if, after the purchase is completed: (a) The mutual benefit corporation is able to pay its debts as they become due in the usual course of its activities; and (b) The total assets of the mutual benefit corporation at least equal the sum of its total liabilities.

(2) A corporation may make distributions upon dissolution in conformity with the dissolution provisions of this chapter.

History: s. 38, ch. 2009-205.
Fla. Stat. § 298.61 — Florida Code / Title XXI / Chapter 298 / Section 298.61
298.61 Sureties on bonds; penalties payable to district; bonds cover defaults of specified persons.
Status: in_force

The sureties required on any or all bonds required to be given by this chapter may be a surety or bonding company approved by the board of supervisors and shall be made payable to the district by its corporate name, in which name all suits shall be instituted and prosecuted. All penalties herein named shall be payable to and recoverable by said district. All bonds required by this chapter shall cover defaults of deputies, clerks or assistants of the officers appointing them.

History: s. 32, ch. 6458, 1913; RGS 1129; CGL 1484.
Fla. Stat. § 403.52 — Florida Code / Title XXIX / Chapter 403 / Part II / Section 403.52
403.52 Short title.
Status: in_force

Sections 403.52-403.5365 may be cited as the “Florida Electric Transmission Line Siting Act.”

History: s. 1, ch. 80-65; s. 25, ch. 90-331; s. 45, ch. 2006-230.
Fla. Stat. § 607.1701 — Florida Code / Title XXXVI / Chapter 607 / Part I / Section 607.1701
607.1701 Application to existing domestic corporation.
Status: in_force

This chapter applies to all domestic corporations in existence on January 1, 2020, that were incorporated under any general statute of this state providing for incorporation of corporations for profit if power to amend or repeal the statute under which the corporation was incorporated was reserved.

History: s. 157, ch. 89-154; s. 226, ch. 2019-90.
Fla. Stat. § 549.03 — Florida Code / Title XXXIII / Chapter 549 / Section 549.03
549.03 Sheriff to exclude from course vehicles and persons.
Status: in_force

Every sheriff and every deputy appointed by her or him shall exclude from the course over which any race shall be about to occur, and at least 30 minutes prior to the starting thereof, all animals, vehicles, and persons, except those officiating or participating in such race, and their assistants, and shall keep such course free from the intrusion of any animal, vehicle, or person, except as above-provided, for a period beginning at least 30 minutes prior to the starting of such race and extending during the whole time such race shall be in progress.

History: s. 3, ch. 5438, 1905; RGS 2361; CGL 3765; s. 779, ch. 97-103.
Fla. Stat. § 736.141 — Florida Code / Title XLII / Chapter 736 / Part XIV / Section 736.141
736.141 Duty to provide information.
Status: in_force

(1) Subject to s. 736.1411, relating to limitations on the duties of trustees or trust directors to monitor, inform, or advise on matters involving the other, a trustee shall provide information to a trust director to the extent the information is reasonably related to the powers or duties of the trust director.

(2) Subject to s. 736.1411, relating to limitations on the duties of trustees or trust directors to monitor, inform, or advise on matters involving the other, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related to the powers or duties of the trustee or other trust director.

(3) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.

(4) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.

(5) A trust director shall provide information within the trust director’s knowledge or control to a qualified beneficiary upon a written request of a qualified beneficiary to the extent the information is reasonably related to the powers or duties of the trust director.

History: s. 21, ch. 2021-183.
Fla. Stat. § 159.8101 — Florida Code / Title XI / Chapter 159 / Part VI / Section 159.8101
159.8101 Applications for a carryforward; carryforward confirmations.
Status: in_force

(1) Any issuer that wishes to elect to carryforward an allocation of state volume limitation under s. 146(f) of the Code must first request and obtain a carryforward confirmation from the division.

(2) The division shall, when requested, issue a carryforward confirmation for those confirmations issued pursuant to this part for those projects that qualify for a carryforward pursuant to s. 146(f) of the Code, provided that such request includes an opinion of bond counsel that such allocation of state volume limitation will be used for a carryforward purpose pursuant to s. 146(f)(5) of the Code and is received by the division at least 3 business days before the expiration of such confirmation.

(3) A request for a carryforward confirmation must be made by filing with the division a notice of intent to issue meeting all requirements of this section and s. 159.8051(2). Such request must include an opinion of bond counsel that such allocation of state volume limitation will be used for a carryforward purpose pursuant to s. 146(f)(5) of the Code. All such requests must be timely filed with the division in accordance with s. 159.814 by or on behalf of the issuer requesting to carryforward an allocation of state volume limitation.

History: s. 23, ch. 2024-220.
Fla. Stat. § 738.407 — Florida Code / Title XLII / Chapter 738 / Section 738.407
738.407 Insurance policy or contract.
Status: in_force

(1) This section does not apply to a contract to which s. 738.409 applies.

(2) Except as otherwise provided in subsection (3), a fiduciary shall allocate to principal the proceeds of a life insurance policy or other contract received by the fiduciary as beneficiary, including a contract that insures against damage to, destruction of, or loss of title to an asset. The fiduciary shall allocate dividends on an insurance policy to income to the extent that premiums on the policy are paid from income and to principal to the extent premiums on the policy are paid from principal.

(3) A fiduciary shall allocate to income proceeds of a contract that insures the fiduciary against loss of: (a) Occupancy or other use by a current income beneficiary; (b) Income; or (c) Subject to s. 738.403, profits from a business.

History: s. 26, ch. 2024-216.