FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 343.62 — Florida Code / Title XXVI / Chapter 343 / Part II / Section 343.62
343.62 Definitions.
Status: in_force

As used in this part, unless the context clearly indicates otherwise, the term:

(1) “Authority” means the Central Florida Regional Transportation Authority.

(2) “Board” means the governing body of the authority.

(3) “Commuter railroad” means a complete system of tracks, stations, parking facilities, and rolling stock necessary to effectuate medium-distance to long-distance passenger rail service to or from the surrounding regional municipalities.

(4) “Member” means the individuals constituting the board.

(5) “Public transportation” means transportation of goods and passengers for hire, as a charter service, or without charge, by means, without limitation, of a street railway, elevated railway or fixed guideway, commuter railroad, subway, motor vehicle, motor bus, and any bus, truck, or other means of conveyance operating as a common carrier or otherwise.

(6) “Public transportation facilities” means property, equipment, or buildings that are acquired, built, installed, or established for public transportation systems.

(7) “Public transportation system” means, without limitation, a combination of real and personal property, structures, improvements, buildings, terminals, parking facilities, equipment, plans, and rights-of-way, public rail and fixed guideway transportation facilities, rail or fixed guideway access to, from, or between other transportation terminals, and commuter railroads and commuter rail facilities, or any combination thereof or addition thereto, used, directly or indirectly, useful or convenient for the purpose of public transportation by automobile, truck, bus, rapid transit vehicle, light rail, or heavy rail.

History: s. 1, ch. 89-351; s. 1, ch. 91-142; s. 2, ch. 93-103.
Fla. Stat. § 112.360 — Florida Code / Title X / Chapter 112 / Part IV / Section 112.360
112.360 Amendments.
Status: in_force

References in this act to state and federal laws are intended to include such laws as they now exist or may hereafter be amended.

History: s. 10, ch. 67-276.
Fla. Stat. § 732.301 — Florida Code / Title XLII / Chapter 732 / Part III / Section 732.301
732.301 Pretermitted spouse.
Status: in_force

When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:

(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;

(2) The spouse is provided for in the will; or

(3) The will discloses an intention not to make provision for the spouse.

The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805.

History: s. 1, ch. 74-106; s. 16, ch. 75-220; s. 9, ch. 77-87.
Fla. Stat. § 77.04 — Florida Code / Title VI / Chapter 77 / Section 77.04
77.04 Writ; form.
Status: in_force

The writ shall require the garnishee to serve an answer on the plaintiff within 20 days after service of the writ stating whether the garnishee is indebted to the defendant at the time of the answer, or was indebted at the time of service of the writ, plus up to 1 business day for the garnishee to act expeditiously on the writ, or at any time between such times; in what sum and what tangible or intangible personal property of defendant the garnishee has in his or her possession or control at the time of his or her answer, or had at the time of the service of the writ, or at any time between such times; and whether the garnishee knows of any other person indebted to defendant, or who may have any of the property of defendant in his or her possession or control. The writ shall state the amount named in plaintiff’s motion. If the garnishee is a business entity, an authorized employee or agent of the entity may execute, file, and serve the answer on behalf of the entity.

History: s. 1, ch. 43, 1845; RS 1668; s. 1, ch. 4393, 1895; GS 2132; RGS 3434; CGL 5287; s. 11, ch. 28301, 1953; s. 27, ch. 67-254; s. 385, ch. 95-147; s. 14, ch. 2005-241; s. 1, ch. 2013-233.
Fla. Stat. § 775.0824 — Florida Code / Title XLVI / Chapter 775 / Section 775.0824
775.0824 Dangerous unauthorized alien offender; legislative intent; definitions; mandatory minimum prison terms.
Status: in_force

(1) It is the intent of the Legislature that dangerous unauthorized alien offenders be punished to the fullest extent of the law and as provided in this section.

(2) As used in this section, the term: (a) “Dangerous unauthorized alien offender” means an unauthorized alien who is a member of a criminal gang as defined in s. 874.03 and who commits or attempts to commit a felony offense in this state. (b) “Unauthorized alien” has the same meaning as in s. 908.111.

(3) For an offense committed on or after February 13, 2025, if the state attorney determines that a person is a dangerous unauthorized alien offender, the state attorney shall seek to have the court sentence the person as a dangerous unauthorized alien offender. In a separate proceeding conducted pursuant to this section, upon proof from the state attorney that establishes that the person is a dangerous unauthorized alien offender, such person is not eligible for sentencing under the sentencing guidelines and must be sentenced as follows: (a) For a felony punishable by life, by a term of life imprisonment. (b) For a felony of the first degree, by a term of imprisonment of 30 years. (c) For a felony of the second degree, by a term of imprisonment of 15 years. (d) For a felony of the third degree, by a term of imprisonment of 5 years.

(4) A person sentenced under subsection (3) shall be released only by expiration of sentence and is not eligible for parole, control release, or any form of early release. Any person sentenced under subsection (3) must serve 100 percent of the court-imposed sentence.

(5) This section does not prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law.

History: ss. 9, 32, ch. 2025-1.
Fla. Stat. § 672.320 — Florida Code / Title XXXIX / Chapter 672 / Part III / Section 672.320
672.320 “C.I.F.” and “C. & F.” terms.
Status: in_force

(1) The term “C.I.F.” means that the price includes in a lump sum the cost of the goods and the insurance and freight to the named destination. The term “C. & F.” or “C.F.” means that the price so includes cost and freight to the named destination.

(2) Unless otherwise agreed and even though used only in connection with the stated price and destination, the term C.I.F. destination or its equivalent requires the seller at his or her own expense and risk to: (a) Put the goods into the possession of a carrier at the port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation to the named destination; and (b) Load the goods and obtain a receipt from the carrier (which may be contained in the bill of lading) showing that the freight has been paid or provided for; and (c) Obtain a policy or certificate of insurance, including any war risk insurance, of a kind and on terms then-current at the port of shipment in the usual amount, in the currency of the contract, shown to cover the same goods covered by the bill of lading and providing for payment of loss to the order of the buyer or for the account of whom it may concern; but the seller may add to the price the amount of the premium for any such war risk insurance; and (d) Prepare an invoice of the goods and procure any other documents required to effect shipment or to comply with the contract; and (e) Forward and tender with commercial promptness all the documents in due form and with any indorsement necessary to perfect the buyer’s rights.

(3) Unless otherwise agreed the term C. & F. or its equivalent has the same effect and imposes upon the seller the same obligations and risks as a C.I.F. term except the obligation as to insurance.

(4) Under the term C.I.F. or C. & F. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.

History: s. 1, ch. 65-254; s. 569, ch. 97-102.
Fla. Stat. § 641.312 — Florida Code / Title XXXVII / Chapter 641 / Part I / Section 641.312
641.312 Scope.
Status: in_force

The Office of Insurance Regulation may adopt rules to administer the National Association of Insurance Commissioners’ Uniform Health Carrier External Review Model Act, issued by the National Association of Insurance Commissioners and dated April 2010. This section does not apply to the types of benefits or coverages provided under s. 627.6513(1)-(14) issued in any market.

History: s. 13, ch. 2012-44; s. 108, ch. 2013-15; s. 24, ch. 2016-194; s. 112, ch. 2018-24.
Fla. Stat. § 1013.50 — Florida Code / Title XLVIII / Chapter 1013 / Part III / Section 1013.50
1013.50 Final payment to contractor.
Status: in_force

(1) The final payment to the contractor shall not be made until the construction project has been inspected by the architect or other person designated by the board for that purpose and until he or she has issued a written certificate that the project has been constructed in accordance with the approved plans and specifications and approved change orders and until the board, acting on these recommendations, has accepted the project. After acceptance by the board, a duplicate copy of this written certificate, duly certified as having been accepted by the board, as well as other related data on contract costs and total costs per student station, space inventory update, and other related building information must be filed with the department for budget and cost reporting purposes.

(2) Boards shall have full authority and responsibility for all decisions regarding educational and ancillary plant construction contracts, change orders, and payments.

History: s. 850, ch. 2002-387.
Fla. Stat. § 717.1245 — Florida Code / Title XL / Chapter 717 / Section 717.1245
717.1245 Garnishment of unclaimed property.
Status: in_force

If any person files a petition for writ of garnishment seeking to obtain property paid or delivered to the department under this chapter, the petitioner shall be ordered to pay the department reasonable costs and attorney’s fees in any proceeding brought by the department to oppose, appeal, or collaterally attack the petition or writ if the department is the prevailing party in any such proceeding.

History: s. 14, ch. 2005-163.
Fla. Stat. § 1012.84 — Florida Code / Title XLVIII / Chapter 1012 / Part IV / Section 1012.84
1012.84 Exemption from county civil service commissions.
Status: in_force

(1) Any Florida College System institution located in a county which has either a budget commission or a civil service commission is exempt from the regulation, supervision, and control of any such commission.

(2) Any general or special law conflicting with this section is repealed to the extent that said law conflicts with this section.

History: s. 770, ch. 2002-387; s. 189, ch. 2011-5.
Fla. Stat. § 83.809 — Florida Code / Title VI / Chapter 83 / Part III / Section 83.809
83.809 Application of act.
Status: in_force

(1) Nothing in this act shall be construed as in any manner impairing or affecting the right of parties to create additional rights, duties, and obligations in and by virtue of a rental agreement. The provisions of ss. 83.801-83.809 shall be in addition to all other rights allowed by law in a creditor-debtor or landlord-tenant relationship.

(2) Chapter 82-151, Laws of Florida, shall apply to all rental agreements entered into, extended, or renewed after July 1, 1982.

History: ss. 7, 10, ch. 82-151.
Fla. Stat. § 893.065 — Florida Code / Title XLVI / Chapter 893 / Section 893.065
893.065 Counterfeit-resistant prescription blanks for controlled substances listed in Schedule II, Schedule III, Schedule IV, or Schedule V.
Status: in_force

The Department of Health shall develop and adopt by rule the form and content for a counterfeit-resistant prescription blank which must be used by practitioners for the purpose of prescribing a controlled substance listed in Schedule II, Schedule III, Schedule IV, or Schedule V pursuant to s. 456.42. The Department of Health may require the prescription blanks to be printed on distinctive, watermarked paper and to bear the preprinted name, address, and category of professional licensure of the practitioner and that practitioner’s federal registry number for controlled substances. The prescription blanks may not be transferred.

History: s. 4, ch. 2007-156; s. 24, ch. 2011-141.
Fla. Stat. § 626.828 — Florida Code / Title XXXVII / Chapter 626 / Part IV / Section 626.828
626.828 This part supplements licensing law.
Status: in_force

This part is supplementary to part I, the “Licensing Procedures Law.”

History: s. 303, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 3, ch. 81-282; ss. 2, 3, ch. 81-318; ss. 271, 807, 810, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429.
Fla. Stat. § 40.355 — Florida Code / Title V / Chapter 40 / Section 40.355
40.355 Accounting and payment.
Status: in_force

The clerk of the court shall, within 2 weeks after the last day of the state’s quarterly fiscal period, render to the state attorney, the public defender, and the criminal conflict and civil regional counsel in each circuit a full statement of accounts for state moneys received and disbursed under this chapter for the payment of witnesses.

History: s. 28, ch. 2005-236; s. 22, ch. 2008-111.
Fla. Stat. § 634.329 — Florida Code / Title XXXVII / Chapter 634 / Part II / Section 634.329
634.329 Dissolution or liquidation.
Status: in_force

Any dissolution or liquidation of a corporation subject to the provisions of this part shall be under the supervision of the department, which shall have all powers with respect thereto granted to it under the laws of this state with respect to the dissolution and liquidation of property and casualty insurance companies pursuant to chapter 631.

History: s. 4, ch. 78-255; s. 3, ch. 81-148; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 32, 33, 34, ch. 83-323; s. 1, ch. 84-94; s. 20, ch. 93-195.
Fla. Stat. § 379.3512 — Florida Code / Title XXVIII / Chapter 379 / Part VI / Section 379.3512
379.3512 Competitive bidding for certain sale of licenses and permits and the issuance of authorization numbers.
Status: in_force

The commission is authorized to establish the following, using competitive bidding procedures:

(1) A process and a vendor fee for the sale of licenses and permits, and the issuance of authorization numbers, over the telephone.

(2) A process and a vendor fee for the electronic sale of licenses and permits and for the electronic issuance of authorization numbers.

History: s. 12, ch. 2002-46; s. 136, ch. 2008-247.
Fla. Stat. § 817.802 — Florida Code / Title XLVI / Chapter 817 / Part IV / Section 817.802
817.802 Unlawful fees and costs.
Status: in_force

(1) It is unlawful for any person, while engaging in debt management services or credit counseling services, to charge or accept from a debtor residing in this state, directly or indirectly, a fee or contribution greater than $50 for the initial setup or initial consultation. Subsequently, the person may not charge or accept a fee or contribution from a debtor residing in this state greater than $120 per year for additional consultations or, alternatively, if debt management services as defined in s. 817.801(4)(b) are provided, the person may charge up to the lesser of 15 percent of the amount paid monthly by the debtor to the person or $75 per month.

(2) This section does not prohibit any person, while engaging in debt management or credit counseling services, from imposing upon and receiving from a debtor a reasonable and separate charge or fee for insufficient funds transactions.

History: s. 1, ch. 2004-351; s. 2, ch. 2006-136; s. 1, ch. 2023-206.
Fla. Stat. § 732.7025 — Florida Code / Title XLII / Chapter 732 / Part VII / Section 732.7025
732.7025 Waiver of homestead rights through deed.
Status: in_force

(1) A spouse waives his or her rights as a surviving spouse with respect to the devise restrictions under s. 4(c), Art. X of the State Constitution if the following or substantially similar language is included in a deed: “By executing or joining this deed, I intend to waive homestead rights that would otherwise prevent my spouse from devising the homestead property described in this deed to someone other than me.”

(2) The waiver language in subsection (1) may not be considered a waiver of the protection against the owner’s creditor claims during the owner’s lifetime and after death. Such language may not be considered a waiver of the restrictions against alienation by mortgage, sale, gift, or deed without the joinder of the owner’s spouse.

History: s. 1, ch. 2018-22.
Fla. Stat. § 409.5091 — Florida Code / Title XXX / Chapter 409 / Part I / Section 409.5091
409.5091 Department responsible for weatherizing agencies; energy assessment.
Status: in_force

(1) The department is responsible for ensuring that weatherizing agencies comply with state laws and department rules.

(2) Before a residence is weatherized, the department shall require that an energy assessment be conducted.

History: s. 3, ch. 91-287.
Fla. Stat. § 460.407 — Florida Code / Title XXXII / Chapter 460 / Section 460.407
460.407 Renewal of license.
Status: in_force

(1) The department shall renew a license upon receipt of the renewal application and the fee set by the board not to exceed $500. An applicant for a renewed license must also submit the information required under s. 456.039 to the department on a form and under procedures specified by the department, along with payment in an amount equal to the costs incurred by the Department of Health for the statewide criminal background check of the applicant. The applicant must submit a set of fingerprints to the Department of Health on a form and under procedures specified by the department, along with payment in an amount equal to the costs incurred by the department for a national criminal background check of the applicant for the initial renewal of his or her license after January 1, 2000. If the applicant fails to submit either the information required under s. 456.039 or a set of fingerprints to the department as required by this section, the department shall issue a notice of noncompliance, and the applicant will be given 30 additional days to comply. If the applicant fails to comply within 30 days after the notice of noncompliance is issued, the department or board, as appropriate, may issue a citation to the applicant and may fine the applicant up to $50 for each day that the applicant is not in compliance with the requirements of s. 456.039. The citation must clearly state that the applicant may choose, in lieu of accepting the citation, to follow the procedure under s. 456.073. If the applicant disputes the matter in the citation, the procedures set forth in s. 456.073 must be followed. However, if the applicant does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation becomes a final order and constitutes discipline. Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the applicant’s last known address. If an applicant has submitted fingerprints to the department for a national criminal history check upon initial licensure and is renewing his or her license for the first time, then the applicant need only submit the information and fee required for a statewide criminal history check.

(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses.

History: ss. 1, 7, ch. 79-211; ss. 2, 3, ch. 81-318; ss. 7, 17, 18, ch. 86-285; s. 30, ch. 89-162; s. 2, ch. 90-25; s. 4, ch. 91-429; s. 168, ch. 94-119; s. 139, ch. 97-237; s. 15, ch. 97-273; s. 58, ch. 98-166; s. 117, ch. 2000-160.
Fla. Stat. § 641.407 — Florida Code / Title XXXVII / Chapter 641 / Part II / Section 641.407
641.407 Minimum surplus.
Status: in_force

(1) Each prepaid health clinic shall have and maintain minimum surplus in accordance with the following schedule: On January 1, 1996, $150,000 or 10 percent of total liabilities, whichever is greater.

(2) In lieu of having any minimum surplus, the prepaid health clinic may provide a written guaranty to assure payment of covered subscriber claims if the guaranteeing organization has been in operation for at least 3 years and has a surplus, not including land, buildings, and equipment, equal to the product of 2 times the amount of the required statutory surplus. Such guaranteeing organization and such written guaranty must be acceptable to, and approved by, the office. The office shall consider the likelihood of the payment of subscriber claims in granting or withholding such approval.

History: ss. 10, 11, ch. 84-313; s. 30, ch. 85-62; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 56, ch. 93-148; s. 82, ch. 2000-158; s. 1604, ch. 2003-261.
Fla. Stat. § 627.402 — Florida Code / Title XXXVII / Chapter 627 / Part II / Section 627.402
627.402 Definitions.
Status: in_force

As used in this part, the term:

(1) “Grandfathered health plan” has the same meaning as provided in 42 U.S.C. s. 18011, subject to the conditions for maintaining status as a grandfathered health plan specified in regulations adopted by the federal Department of Health and Human Services in 45 C.F.R. s. 147.140.

(2) “Nongrandfathered health plan” is a health insurance policy or health maintenance organization contract that is not a grandfathered health plan and does not provide the benefits or coverages specified under s. 627.6513(1)-(14).

(3) “Policy” means a written contract of insurance or written agreement for or effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements, and papers that are a part thereof. The term “certificate” as used in this subsection does not include certificates as to group life or health insurance or as to group annuities issued to individual insureds.

(4) “PPACA” means the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, and regulations adopted pursuant to those acts.

History: s. 451, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 359, 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; ss. 28, 114, ch. 92-318; s. 14, ch. 2013-101; s. 6, ch. 2016-194.
Fla. Stat. § 222.201 — Florida Code / Title XV / Chapter 222 / Section 222.201
222.201 Availability of federal bankruptcy exemptions.
Status: in_force

(1) Notwithstanding s. 222.20, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of s. 522 of that act.

(2) The provisions of this section apply to any bankruptcy action that is filed on or after October 1, 1987.

History: s. 2, ch. 87-375.