FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 408.041 — Florida Code / Title XXIX / Chapter 408 / Part I / Section 408.041
408.041 Certificate of need required; penalties.
Status: in_force

It is unlawful for any person to undertake a project subject to review under ss. 408.031-408.045 without a valid certificate of need. Any person violating the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Each day of continuing violation shall be considered a separate offense.

History: s. 28, ch. 87-92; s. 62, ch. 91-224; s. 15, ch. 92-33; s. 14, ch. 95-144.
Fla. Stat. § 680.31 — Florida Code / Title XXXIX / Chapter 680 / Part III / Section 680.31
680.31 Lessor’s and lessee’s rights when goods become accessions.
Status: in_force

(1) Goods are “accessions” when they are installed in or affixed to other goods.

(2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (4).

(3) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subsection (4) but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole.

(4) The interest of a lessor or a lessee under a lease contract described in subsection (2) or subsection (3) is subordinate to the interest of: (a) A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or (b) A creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract.

(5) When under subsection (2) or subsection (3) and under subsection (4) a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may, on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this chapter, or if necessary to enforce his or her other rights and remedies under this chapter, remove the goods from the whole, free and clear of all interests in the whole, but he or she must reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.

History: s. 1, ch. 90-278; s. 712, ch. 97-102.
Fla. Stat. § 27.06 — Florida Code / Title V / Chapter 27 / Part II / Section 27.06
27.06 Habeas corpus and preliminary trials.
Status: in_force

The several state attorneys of this state shall represent the state in all cases of habeas corpus arising in their respective circuits, and shall also represent the state, either in person or by assistant, in cases of preliminary trials of persons charged with capital offenses in all cases where the committing trial court judge shall have given due and timely notice of the time and place of such trial. Notice of the application for the writ of habeas corpus shall be given to the prosecuting officer of the court wherein the statute under attack is being applied, the criminal law proceeding is being maintained, or the conviction has occurred.

History: s. 3, ch. 5399, 1905; RGS 3010; CGL 4746; s. 4, ch. 29737, 1955; s. 4, ch. 73-334; s. 2, ch. 2004-11.
Fla. Stat. § 679.323 — Florida Code / Title XXXIX / Chapter 679 / Part III / Section 679.323
679.323 Future advances.
Status: in_force

(1) Except as otherwise provided in subsection (3), for purposes of determining the priority of a perfected security interest under s. 679.322(1)(a), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that: (a) Is made while the security interest is perfected only: 1. Under s. 679.3091 when it attaches; or 2. Temporarily under s. 679.3121(5), (6), or (7); and (b) Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under s. 679.3091 or s. 679.3121(5), (6), or (7).

(2) Except as otherwise provided in subsection (3), a security interest is subordinate to the rights of a person who becomes a lien creditor to the extent that the security interest secures an advance made more than 45 days after the person becomes a lien creditor unless the advance is made: (a) Without knowledge of the lien; or (b) Pursuant to a commitment entered into without knowledge of the lien.

(3) Subsections (1) and (2) do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.

(4) Except as otherwise provided in subsection (5), a buyer of goods takes free of a security interest to the extent that it secures advances made after the earlier of: (a) The time the secured party acquires knowledge of the buyer’s purchase; or (b) Forty-five days after the purchase.

(5) Subsection (4) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer’s purchase and before the expiration of the 45-day period.

(6) Except as otherwise provided in subsection (7), a lessee of goods takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of: (a) The time the secured party acquires knowledge of the lease; or (b) Forty-five days after the lease contract becomes enforceable.

(7) Subsection (6) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.

History: s. 3, ch. 2001-198; s. 93, ch. 2025-92.
Fla. Stat. § 682.033 — Florida Code / Title XXXIX / Chapter 682 / Section 682.033
682.033 Consolidation of separate arbitration proceedings.
Status: in_force

(1) Except as otherwise provided in subsection (3), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if: (a) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person; (b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions; (c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and (d) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

(2) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.

(3) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation. Nothing in this section is intended or shall be construed to affect commencing, maintaining, or certifying a claim or defense on behalf of a class or as a class action.

History: s. 11, ch. 2013-232.
Fla. Stat. § 606.04 — Florida Code / Title XXXVI / Chapter 606 / Section 606.04
606.04 Master business index.
Status: in_force

(1)(a) The department shall create a master business index, using as an initial base the commercial regulation and registration program databases the department currently maintains. Each business entity shall be assigned a unique single business identifier for interagency use. The master business index shall serve as the state’s central index of business entities and shall reflect a listing of all licenses and registrations held by a business with any participating agency. (b) Each participating agency, notwithstanding any other requirement of law, shall: 1. Provide updated information regarding the status of a business entity which the agency regulates or licenses and on which the agency maintains records. 2. Have the discretion to use the index as an alternative means of acquiring information about a business entity and, as necessary, use the information in the index to comply with the various requirements for registration, license issuance, renewal, or otherwise in the fulfillment of the agency’s statutory responsibilities. 3. Have the discretion to use the index in any instance as an authorized source for the creation or amendment of any official records. (c) The department is authorized to create, in conjunction with the master business index, a directory of business activity which will facilitate the exchange of information on Florida’s business opportunities and further the international and domestic economic development efforts of this state.

(2) The department is authorized to take the actions it deems necessary to integrate all nonbusiness entity or commercial registrations it maintains into the master business index such that all registrations maintained for a business entity are reflected in the index in a consolidated manner.

(3) The department is authorized to enter into any formal agreement with federal, state, or local agencies to facilitate the registration of a business entity with that agency.

History: s. 4, ch. 97-15; s. 2, ch. 99-218.
Fla. Stat. § 733.304 — Florida Code / Title XLII / Chapter 733 / Part III / Section 733.304
733.304 Nonresidents.
Status: in_force

A person who is not domiciled in the state cannot qualify as personal representative unless the person is:

(1) A legally adopted child or adoptive parent of the decedent;

(2) Related by lineal consanguinity to the decedent;

(3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or

(4) The spouse of a person otherwise qualified under this section.

History: s. 1, ch. 74-106; s. 63, ch. 75-220; s. 6, ch. 79-343.
Fla. Stat. § 634.34 — Florida Code / Title XXXVII / Chapter 634 / Part II / Section 634.34
634.34 Appeals from orders of the department or office.
Status: in_force

Any person subject to an order of the department or office under s. 634.339 may obtain a review of such order by filing an appeal therefrom in accordance with the provisions and procedures for appeal from the orders of the department or office in general under s. 120.68.

History: s. 29, ch. 83-323; s. 1, ch. 84-94; s. 20, ch. 93-195; s. 1479, ch. 2003-261.
Fla. Stat. § 713.825 — Florida Code / Title XL / Chapter 713 / Part III / Section 713.825
713.825 Duration of lien.
Status: in_force

No lien provided by this part shall continue for a period longer than 1 year after the claim of lien has been recorded, unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction.

History: s. 1, ch. 75-51.
Fla. Stat. § 718.3026 — Florida Code / Title XL / Chapter 718 / Part III / Section 718.3026
718.3026 Contracts for products and services; in writing; bids; exceptions.
Status: in_force

Associations with 10 or fewer units may opt out of the provisions of this section if two-thirds of the unit owners vote to do so, which opt-out may be accomplished by a proxy specifically setting forth the exception from this section.

(1) All contracts as further described herein or any contract that is not to be fully performed within 1 year after the making thereof, for the purchase, lease, or renting of materials or equipment to be used by the association in accomplishing its purposes under this chapter, and all contracts for the provision of services, shall be in writing. If a contract for the purchase, lease, or renting of materials or equipment, or for the provision of services, requires payment by the association on behalf of any condominium operated by the association in the aggregate that exceeds 5 percent of the total annual budget of the association, including reserves, the association shall obtain competitive bids for the materials, equipment, or services. Nothing contained herein shall be construed to require the association to accept the lowest bid.

(2)(a) Notwithstanding the foregoing, contracts with employees of the association, and contracts for attorney, accountant, architect, community association manager, timeshare management firm, engineering, and landscape architect services are not subject to the provisions of this section. (b) Nothing contained herein is intended to limit the ability of an association to obtain needed products and services in an emergency. (c) This section shall not apply if the business entity with which the association desires to enter into a contract is the only source of supply within the county serving the association. (d) Nothing contained herein shall excuse a party contracting to provide maintenance or management services from compliance with s. 718.3025.

History: s. 13, ch. 91-103; s. 5, ch. 91-426; s. 10, ch. 92-49; s. 44, ch. 95-274; s. 19, ch. 2008-28; s. 5, ch. 2018-96.
Fla. Stat. § 309.02 — Florida Code / Title XXII / Chapter 309 / Section 309.02
309.02 Deposit of material on wharf or quay regulated.
Status: in_force

It is not lawful for any person to deposit or cause to be deposited on any wharf or quay, any ballast, stone, earth, or like material, except such wharf or quay may be so secured as to prevent such ballast or other material from washing into the waters of the harbor.

History: s. 3, ch. 3142, 1879; RS 937; GS 1291; RGS 2461; CGL 3870.
Fla. Stat. § 348.03101 — Florida Code / Title XXVI / Chapter 348 / Part I / Section 348.03101
348.03101 Department may be appointed agent of agency for construction.
Status: in_force

The department may be appointed by the agency as its agent for the purpose of constructing improvements and extensions to an expressway system and for the completion thereof. In such event, the agency shall provide the department with complete copies of all documents, agreements, resolutions, contracts, and instruments relating thereto; shall request the department to do such construction work, including the planning, surveying, and actual construction of the completion of and extensions and improvements to the expressway system; and shall transfer to the credit of an account of the department in the State Treasury the necessary funds therefor. The department shall thereupon proceed with such construction and use the funds for such purpose in the same manner as it is now authorized to use the funds otherwise provided by law for its use in the construction of roads and bridges.

History: s. 14, ch. 2019-169.
Fla. Stat. § 373.219 — Florida Code / Title XXVIII / Chapter 373 / Part II / Section 373.219
373.219 Permits required.
Status: in_force

(1) The governing board or the department may require such permits for consumptive use of water and may impose such reasonable conditions as are necessary to assure that such use is consistent with the overall objectives of the district or department and is not harmful to the water resources of the area. However, no permit shall be required for domestic consumption of water by individual users.

(2) In the event that any person shall file a complaint with the governing board or the department that any other person is making a diversion, withdrawal, impoundment, or consumptive use of water not expressly exempted under the provisions of this chapter and without a permit to do so, the governing board or the department shall cause an investigation to be made, and if the facts stated in the complaint are verified the governing board or the department shall order the discontinuance of the use.

(3) For Outstanding Florida Springs, the department shall adopt uniform rules for issuing permits which prevent groundwater withdrawals that are harmful to the water resources and adopt by rule a uniform definition of the term “harmful to the water resources” to provide water management districts with minimum standards necessary to be consistent with the overall water policy of the state. This subsection does not prohibit a water management district from adopting a definition that is more protective of the water resources consistent with local or regional conditions and objectives.

History: s. 2, part II, ch. 72-299; s. 9, ch. 73-190; s. 9, ch. 2016-1.
Fla. Stat. § 514.0231 — Florida Code / Title XXXIII / Chapter 514 / Section 514.0231
514.0231 Advisory committee to oversee sampling of beach waters.
Status: in_force

The Department of Health shall form an interagency technical advisory committee to oversee the performance of the study required in s. 514.023 and to advise it in rulemaking pertaining to standards for public bathing places along the coastal and intracoastal beaches and shores of the state. Membership on the committee shall consist of equal numbers of staff of the Department of Health and the Department of Environmental Protection with expertise in the subject matter of the study. Members shall be appointed by the State Surgeon General and the Secretary of Environmental Protection. The committee shall be chaired by a representative from the Department of Health.

History: s. 5, ch. 2000-309; s. 22, ch. 2001-63; s. 109, ch. 2008-6.
Fla. Stat. § 395.10973 — Florida Code / Title XXIX / Chapter 395 / Part I / Section 395.10973
395.10973 Powers and duties of the agency.
Status: in_force

It is the function of the agency to:

(1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this part and part II of chapter 408 conferring duties upon it.

(2) Develop a model risk management program for health care facilities which will satisfy the requirements of s. 395.0197.

(3) Enforce the special-occupancy provisions of the Florida Building Code which apply to hospitals, intermediate residential treatment facilities, and ambulatory surgical centers in conducting any inspection authorized by this chapter and part II of chapter 408.

History: ss. 38, 53, ch. 85-175; s. 32, ch. 88-166; s. 183, ch. 90-363; s. 4, ch. 91-429; s. 88, ch. 92-289; s. 28, ch. 98-89; s. 203, ch. 98-200; s. 23, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372; s. 49, ch. 2007-230; s. 35, ch. 2018-24.
Fla. Stat. § 98.0655 — Florida Code / Title IX / Chapter 98 / Section 98.0655
98.0655 Registration list maintenance forms.
Status: in_force

The department shall prescribe registration list maintenance forms to be used by the supervisors which must include:

(1) An address confirmation request that must contain: (a) The voter’s name and address of legal residence as shown on the voter registration record; (b) A request that the voter notify the supervisor if either the voter’s name or address of legal residence is incorrect; and (c) Information about updating voter information through the online voter registration system.

(2) An address change notice that must be sent to the newly recorded address of legal residence by forwardable mail, including a postage prepaid, preaddressed return form with which the voter may verify or correct the voter’s new address information.

(3) An address confirmation final notice that must be sent to the newly recorded address of legal residence, or to all addresses on file for the voter if no indication of new address has been received, by forwardable mail and must contain a postage prepaid, preaddressed return form and a statement that: (a) If the voter has not changed his or her legal residence or has changed his or her legal residence within the state, the voter should return the form within 30 days after the date on which the notice was sent to the voter. (b) If the voter has changed his or her legal residence to a location outside the state: 1. The voter shall return the form, which serves as a request to be removed from the registration books; and 2. The voter shall be provided with information on how to register in the new jurisdiction in order to be eligible to vote. (c) If the return form is not returned, the voter’s name shall be designated as inactive in the statewide voter registration system, and confirmation of the voter’s address of legal residence may be required before the voter is authorized to vote in an election.

History: s. 7, ch. 2008-95; s. 9, ch. 2022-73; s. 8, ch. 2023-120.
Fla. Stat. § 318.33 — Florida Code / Title XXIII / Chapter 318 / Section 318.33
318.33 Appeals.
Status: in_force

Decisions of the hearing officer are appealable, under the rules of court, to the circuit court. Appeals shall be based upon the record of the hearing before the hearing officer and shall not be hearings de novo. Appellants are responsible for producing the record of the hearing beyond that which normally results from the civil traffic infraction hearing process.

History: s. 4, ch. 89-337; s. 5, ch. 94-202.
Fla. Stat. § 871.04 — Florida Code / Title XLVI / Chapter 871 / Section 871.04
871.04 Advertising; religious discrimination; public places.
Status: in_force

(1) Except where the context clearly requires a different meaning, the following terms shall have for the purposes of this section the meaning respectively ascribed to them: (a) “Person” means any individual, partnership, association, corporation, or organized group of persons, whether incorporated or not. (b) “Establishment” means any building or part thereof, including, without being limited to, public inns, hotels, motels, apartment hotels, any structure, enclosure, tract of land, and all improvements, appurtenances, and additions, bodies of water whether natural or artificial, and any other place of whatsoever nature to which the general public is or will be admitted, allowed, or invited on payment of a fee, free of charge, or otherwise.

(2) No person, directly or indirectly, for herself or himself or for another, shall publish, post, broadcast by any means, maintain, circularize, issue, display, transmit, or otherwise disseminate or place in any manner before the public with reference to an establishment any advertisement that the patronage of any person is not welcome, or is objectionable, or is not acceptable because of the person’s religion. No person shall cause or solicit another person to violate this section.

(3) This section shall not apply to any establishment which is private or limited to membership only, to any camp administered by any religious organization, group, or sect, admission to which is based on religious belief or affiliation, or to any gathering, meeting, or assembly held under the auspices of any religious organization, group, or sect.

(4) Any person or persons violating this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History: ss. 1, 2, ch. 29845, 1955; s. 1132, ch. 71-136; s. 1406, ch. 97-102.