FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 605.1055 — Florida Code / Title XXXVI / Chapter 605 / Section 605.1055
605.1055 Articles of domestication.
Status: in_force

(1) The articles of domestication must be filed with the department. The articles of domestication must contain the following: (a) The date on which the domesticating entity was first formed, incorporated, created, or otherwise came into being. (b) The name of the domesticating entity immediately before the filing of the articles of domestication. (c) The articles of organization of the domesticated limited liability company, as an attachment. (d) The effective date of the domestication as a limited liability company, if the effective date of the domestication is not the same as the date of filing of the articles of domestication, subject to the limitations contained in s. 605.0207. (e) The jurisdiction that constituted the seat, siege social, or principal place of business or central administration of the domesticating entity, or any other equivalent thereto under the law of the jurisdiction of formation, immediately before the filing of the articles of domestication. (f) A statement that the domestication has been approved in accordance with the laws of the jurisdiction of formation of the domesticating entity.

(2) In addition to the requirements of subsection (1), articles of domestication may contain any other provision not prohibited by law.

(3) The articles of domestication which are filed with the department must be accompanied by a certificate of status or equivalent document, if any, from the domesticating entity’s jurisdiction of formation.

(4) The articles of domestication and the articles of organization of a domesticated limited liability company must satisfy the requirements of the law of this state, and may be executed by an authorized representative and registered agent in accordance with this chapter.

History: s. 2, ch. 2013-180.
Fla. Stat. § 604.28 — Florida Code / Title XXXV / Chapter 604 / Section 604.28
604.28 Department may employ help.
Status: in_force

The department may employ all help and services necessary to carry out and enforce the provisions of ss. 604.15-604.34 and fix their compensation. All expenses and salaries shall be paid out of the General Inspection Trust Fund.

History: s. 15, ch. 20678, 1941; s. 2, ch. 61-119; ss. 14, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; s. 7, ch. 85-36; ss. 9, 10, ch. 90-161; s. 4, ch. 91-429.
Fla. Stat. § 479.05 — Florida Code / Title XXXII / Chapter 479 / Part I / Section 479.05
479.05 Denial, suspension, or revocation of license.
Status: in_force

The department may deny, suspend, or revoke a license requested or granted under this chapter in any case in which it determines that the application for the license contains false or misleading information of material consequence, that the licensee has failed to pay fees or costs owed to the department for outdoor advertising purposes, or that the licensee has violated any of the provisions of this chapter, unless such licensee, within 30 days after the receipt of notice by the department, corrects such false or misleading information, pays the outstanding amounts, or complies with this chapter. Suspension of a license allows the licensee to maintain existing sign permits, but the department may not grant a transfer of an existing permit or issue an additional permit to a licensee with a suspended license. A person aggrieved by an action of the department which denies, suspends, or revokes a license under this chapter may, within 30 days after the receipt of the notice, apply to the department for an administrative hearing pursuant to chapter 120.

History: s. 4, ch. 20446, 1941; s. 17, ch. 63-512; s. 5, ch. 67-461; s. 1, ch. 69-267; ss. 23, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 56, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 6, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 8, ch. 2014-215; s. 29, ch. 2014-223.
Fla. Stat. § 400.461 — Florida Code / Title XXIX / Chapter 400 / Part III / Section 400.461
400.461 Short title; purpose.
Status: in_force

(1) This part, consisting of ss. 400.461-400.53, may be cited as the “Home Health Services Act.”

(2) The purpose of this part is to provide for the licensure of every home health agency and nurse registry and to provide for the development, establishment, and enforcement of basic standards that will ensure the safe and adequate care of persons receiving health services in their own homes.

History: ss. 36, 37, ch. 75-233; s. 2, ch. 81-318; ss. 61, 79, 83, ch. 83-181; s. 1, ch. 88-219; s. 1, ch. 90-319; ss. 1, 23, ch. 93-214; s. 47, ch. 98-171; s. 1, ch. 2005-243; s. 3, ch. 2020-9.
Fla. Stat. § 680.301 — Florida Code / Title XXXIX / Chapter 680 / Part III / Section 680.301
680.301 Enforceability of lease contract.
Status: in_force

Except as otherwise provided in this chapter, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods, and against creditors of the parties.

History: s. 1, ch. 90-278.
Fla. Stat. § 695.22 — Florida Code / Title XL / Chapter 695 / Section 695.22
695.22 Daily schedule of deeds and conveyances filed for record to be furnished property appraiser.
Status: in_force

After October 1, 1945, the several county recorders must keep and furnish to the respective county property appraisers in the counties where such instruments are recorded a daily schedule of the aforesaid deeds and conveyances so filed for recordation, in which schedule must be set forth the name of the grantor or grantors, the names and addresses of each grantee, and a description of the land as specified in each instrument so filed. The daily schedule must include notification of any information therein which is subject to a request for removal on file with the county recorder.

History: s. 2, ch. 23114, 1945; s. 1, ch. 77-102; s. 4, ch. 2021-215.
Fla. Stat. § 112.61 — Florida Code / Title X / Chapter 112 / Part VII / Section 112.61
112.61 Legislative intent.
Status: in_force

It is the intent of the Legislature in implementing the provisions of s. 14, Art. X of the State Constitution, relating to governmental retirement systems, that such retirement systems or plans be managed, administered, operated, and funded in such a manner as to maximize the protection of public employee retirement benefits. Inherent in this intent is the recognition that the pension liabilities attributable to the benefits promised public employees be fairly, orderly, and equitably funded by the current, as well as future, taxpayers. Accordingly, except as herein provided, it is the intent of this act to prohibit the use of any procedure, methodology, or assumptions the effect of which is to transfer to future taxpayers any portion of the costs which may reasonably have been expected to be paid by the current taxpayers. Actuarial experience may be used to fund additional benefits, provided that the present value of such benefits does not exceed the net actuarial experience accumulated from all sources of gains and losses. This act hereby establishes minimum standards for the operation and funding of public employee retirement systems and plans.

History: s. 1, ch. 78-170; s. 13, ch. 79-183; s. 1, ch. 83-37; s. 3, ch. 94-259.
Fla. Stat. § 627.6044 — Florida Code / Title XXXVII / Chapter 627 / Part VI / Section 627.6044
627.6044 Use of a specific methodology for payment of claims.
Status: in_force

(1) Each insurance policy that provides for payment of claims based on a specific methodology, including, but not limited to, usual and customary charges, reasonable and customary charges, or charges based upon the prevailing rate in the community, shall specify the formula or criteria used by the insurer in determining the amount to be paid.

(2) Each insurer issuing a policy that provides for payment of claims based on a specific methodology shall provide to an insured, upon her or his written request, an estimate of the amount the insurer will pay for a particular medical procedure or service. The estimate may be in the form of a range of payments or an average payment. The insurer may require the insured to provide detailed information regarding the procedure or service to be performed, including the procedure or service code number provided by the health care provider and the health care provider’s estimated charge. An insurer that provides an insured with a good faith estimate is not bound by the estimate. However, a pattern of providing estimates that vary significantly from the ultimate insurance payment constitutes a violation of this code.

History: ss. 9, 12, ch. 91-296; ss. 55, 114, ch. 92-318; s. 340, ch. 97-102.
Fla. Stat. § 552.38 — Florida Code / Title XXXIII / Chapter 552 / Section 552.38
552.38 Security requirement.
Status: in_force

(1) As a prerequisite to obtaining or renewing a valid user license as required by s. 552.091(5)(a), or obtaining or renewing a valid license or permit under s. 552.30, a person who uses explosives in connection with construction materials mining activities must post and maintain a bond or letter of credit as security as required under subsection (2). Evidence that the bond has been posted and maintained in compliance with this section must be maintained by any licensee or permitholder for the use of explosives in connection with construction materials mining activities as part of the mandatory record maintenance requirements of s. 552.112. The person must maintain, in a format approved by the Division of State Fire Marshal of the Department of Financial Services, a completed form that shows the amount and location of the bond or identifies the bond surety and the current bond value.

(2) The bond or letter of credit required under subsection (1) must be in an amount not less than $100,000, notwithstanding an award made by an administrative law judge under s. 552.40(7). In the case of a multiple licenseholder or multiple permitholder, a single bond in the aggregate amount of not less than $100,000 may be provided as security for the individual permits or licenses. If the user of explosives has not been identified as a respondent in any pending claim for damages under this chapter, and if renewal of the license or permit is not sought, the bond required under this section may be released upon the expiration of the license or permit or 181 days after the final use of explosives under the license, whichever occurs later, if the bond to be released is not security for other permits.

(3) The State Fire Marshal may adopt rules for the administration of this section.

History: s. 5, ch. 2003-62.
Fla. Stat. § 721.02 — Florida Code / Title XL / Chapter 721 / Part I / Section 721.02
721.02 Purposes.
Status: in_force

The purposes of this chapter are to:

(1) Give statutory recognition to real property timeshare plans and personal property timeshare plans in this state.

(2) Establish procedures for the creation, sale, exchange, promotion, and operation of timeshare plans.

(3) Provide full and fair disclosure to the purchasers and prospective purchasers of timeshare plans.

(4) Require every timeshare plan offered for sale or created and existing in this state to be subjected to the provisions of this chapter.

(5) Require full and fair disclosure of terms, conditions, and services by resale service providers acting on behalf of consumer timeshare resellers or on behalf of prospective consumer resale purchasers, regardless of the business model employed by the resale service provider.

(6) Recognize that the tourism industry in this state is a vital part of the state’s economy; that the sale, promotion, and use of timeshare plans is an emerging, dynamic segment of the tourism industry; that this segment of the tourism industry continues to grow, both in volume of sales and in complexity and variety of product structure; and that a uniform and consistent method of regulation is necessary in order to safeguard Florida’s tourism industry and the state’s economic well-being. In order to protect the quality of Florida timeshare plans and the consumers who purchase them, it is the intent of the Legislature that this chapter be interpreted broadly in order to encompass all forms of timeshare plans with a duration of at least 3 years that are created with respect to accommodations and facilities that are located in the state or that are offered for sale in the state as provided herein, including, but not limited to, condominiums, cooperatives, undivided interest campgrounds, cruise ships, vessels, houseboats, and recreational vehicles and other motor vehicles, and including vacation clubs, multisite vacation plans, and multiyear vacation and lodging certificates.

History: s. 1, ch. 81-172; s. 1, ch. 83-264; s. 47, ch. 85-62; s. 3, ch. 91-236; s. 1, ch. 2004-279; s. 1, ch. 2012-76.
Fla. Stat. § 736.0702 — Florida Code / Title XLII / Chapter 736 / Part VII / Section 736.0702
736.0702 Trustee’s bond.
Status: in_force

(1) A trustee shall give bond to secure performance of the trustee’s duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.

(2) The court may specify the amount of a bond, the trustee’s liabilities under the bond, and whether sureties are necessary. The court may modify or terminate a bond at any time.

History: s. 7, ch. 2006-217.
Fla. Stat. § 322.274 — Florida Code / Title XXIII / Chapter 322 / Section 322.274
322.274 Automatic revocation of driver license.
Status: in_force

(1) The driver license of any person convicted hereunder of theft of any motor vehicle or parts or components of a motor vehicle shall be revoked. If such revocation shall not be ordered by the court, the Department of Highway Safety and Motor Vehicles shall forthwith revoke the same. The department shall not consider the convicted person’s application for reinstatement of such revoked license until the expiration of the full term of the sentence imposed, whether served during actual imprisonment, probation, parole, or suspension.

(2) It shall be grounds for the revocation of any person’s parole or probation if he or she operates a motor vehicle while his or her license is revoked pursuant to this chapter. However, it shall be within the discretion of the trial judge who imposes sentence upon the person convicted hereunder to direct the reinstatement of the person’s driver license on a limited basis after a reasonable time.

History: s. 1, ch. 70-19; s. 1, ch. 70-439; s. 4, ch. 71-342; s. 65, ch. 74-383; s. 415, ch. 95-148.
Fla. Stat. § 66.021 — Florida Code / Title VI / Chapter 66 / Section 66.021
66.021 Ejectment.
Status: in_force

(1) RIGHT OF ACTION. — A person with a superior right to possession of real property may maintain an action of ejectment to recover possession of the property.

(2) JURISDICTION. — Circuit courts have exclusive jurisdiction in an action of ejectment.

(3) NOTICE. — A plaintiff may not be required to provide any presuit notice or presuit demand to a defendant as a condition to maintaining an action under this section.

(4) LANDLORD NOT A DEFENDANT. — When it appears before trial that a defendant in an action of ejectment is in possession as a tenant and that his or her landlord is not a party, the landlord must be made a party before further proceeding unless otherwise ordered by the court.

(5) DEFENSE MAY BE LIMITED. — A defendant in an action of ejectment may limit his or her defense to a part of the property mentioned in the complaint, describing such part with reasonable certainty.

(6) WRIT OF POSSESSION; EXECUTION TO BE JOINT OR SEVERAL. — When plaintiff recovers in an action of ejectment, he or she may have one writ for possession and for damages and costs or, at his or her election, may have separate writs for possession and for damages and costs.

(7) CHAIN OF TITLE. — The complaint and the answer must include a statement setting forth, chronologically, the chain of title upon which the party will rely at trial. Copies of each instrument identified in the statement must be attached to the complaint or answer. The statement must include the names of the grantors and the grantees, the date that each instrument was recorded, and the book and page or the instrument number for each recorded instrument. If a party relies on a claim or right without color of title, the statement must specify how and when the claim originated and the facts on which the claim is based. If defendant and plaintiff claim under a common source, the statement need not deraign title before the common source.

(8) TESTING SUFFICIENCY. — If either party seeks to test the legal sufficiency of any instrument or court proceeding in the chain of title of the opposite party, the party must do so before trial by motion setting up his or her objections with a copy of the instrument or court proceedings attached. The motion must be disposed of before trial. If either party determines that he or she will be unable to maintain his or her claim by reason of the order, that party may so state in the record and final judgment shall be entered for the opposing party.

(9) OPERATION. — This section is cumulative to other existing remedies and may not be construed to limit other remedies that are available under the laws of this state.

History: s. 21, ch. 67-254; s. 348, ch. 95-147; s. 1, ch. 2018-94.
Fla. Stat. § 1006.75 — Florida Code / Title XLVIII / Chapter 1006 / Part II / Section 1006.75
1006.75 Student career services.
Status: in_force

(1) Each career center, charter technical center, Florida College System institution, and state university shall ensure that their student career service centers and job placement resources prepare students for employment upon completion of their academic work.

(2) Student career service centers shall, to the extent possible, use state career planning resources to assist students with all of the following: (a) Exploring and identifying career opportunities. (b) Identifying in-demand jobs and associated earning outcomes. (c) Understanding the skills and credentials needed for specific jobs. (d) Identifying opportunities to gain on-the-job experiences. (e) Creating a digital résumé.

History: s. 28, ch. 2021-164.
Fla. Stat. § 509.405 — Florida Code / Title XXXIII / Chapter 509 / Part I / Section 509.405
509.405 Complaint; requirements.
Status: in_force

To obtain an order authorizing the issuance of a writ of distress upon final judgment, the operator must first file with the clerk of the court a complaint reciting and showing the following information:

(1) A statement as to the amount of the guest’s account at the public lodging establishment.

(2) A statement that the plaintiff is the operator of the public lodging establishment in which the guest has an outstanding account. If the operator’s interest in such account is based on written documents, a copy of such documents shall be attached to the complaint.

(3) A statement that the operator has reasonably attempted to obtain payment from the guest for an outstanding account, either by confronting the guest or by a lockout pursuant to s. 509.401, and that the guest has failed to make any payment or that the guest has vacated the premises without paying the outstanding account.

(4) A statement that the account is outstanding and unpaid by the guest; a statement of the services provided to the guest for which the outstanding account was accumulated; and the cause of such nonpayment according to the best knowledge, information, and belief of the operator.

(5) A statement as to what property the operator is requesting levy against, including the inventory conducted as prescribed by s. 509.402 if the operator has recovered the premises, and the authority under which the operator has a lien against such property.

(6) A statement, to the best of the operator’s knowledge, that the claimed property has not been taken for a tax, assessment, or fine pursuant to law or taken under an execution or attachment by order of any court.

History: s. 1, ch. 77-249; ss. 31, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 39, 51, 52, ch. 90-339; s. 4, ch. 91-429.
Fla. Stat. § 634.311 — Florida Code / Title XXXVII / Chapter 634 / Part II / Section 634.311
634.311 Duration of suspension; obligations of association during suspension period; reinstatement.
Status: in_force

(1) A suspension of the license of a home warranty association shall be for such period, not to exceed 1 year, as is fixed in the order of suspension, unless such suspension, or the order upon which the suspension is based, is modified, rescinded, or reversed.

(2) During the period of suspension, the association shall file its annual statement and pay fees, licenses, and taxes as required under this part as if the license had continued in full force.

(3) Upon expiration of the suspension period, if within such period the license has not otherwise terminated, the license of the association shall automatically be reinstated, unless it is determined, upon notice and hearing, that the causes of the suspension have not been removed or that the association is otherwise not in compliance with the requirements of this part.

(4) Upon reinstatement of the license of an association, or reinstatement of the certificate of authority of an insurer, following suspension, the authority of the sales representatives of the association in this state to represent the association or insurer shall likewise be reinstated. The office shall promptly notify the association.

History: s. 1, ch. 77-339; s. 3, ch. 81-148; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 9, 32, 33, 34, ch. 83-323; s. 1, ch. 84-94; s. 20, ch. 93-195; s. 1462, ch. 2003-261.
Fla. Stat. § 812.0147 — Florida Code / Title XLVI / Chapter 812 / Section 812.0147
812.0147 Unlawful possession or use of a fifth wheel.
Status: in_force

(1) A person may not modify, alter, attempt to alter, and if altered, sell, possess, offer for sale, move, or cause to be moved onto the highways of this state a device known as a fifth wheel with the intent to use the fifth wheel to commit or attempt to commit theft. As used in this section, the term “fifth wheel” applies only to a fifth wheel on a commercial motor vehicle.

(2) Any person who violates subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History: s. 2, ch. 2006-51.
Fla. Stat. § 397.6799 — Florida Code / Title XXIX / Chapter 397 / Part V / Section 397.6799
397.6799 Disposition of minor upon completion of alternative involuntary assessment.
Status: in_force

A minor who has been assessed pursuant to s. 397.6798 must, within the time specified, be released or referred for further voluntary or involuntary treatment, whichever is most appropriate to the needs of the minor.

History: s. 6, ch. 93-39; s. 33, ch. 2009-132.
Fla. Stat. § 420.529 — Florida Code / Title XXX / Chapter 420 / Part V / Section 420.529
420.529 Default by sponsor.
Status: in_force

If a default on a loan occurs, the corporation may foreclose on any mortgage or security interest or commence any legal action to protect the interest of the corporation or the fund and recover the amount of the unpaid principal, accrued interest, and fees on behalf of the fund. The corporation may also acquire real and personal property or any interest in the property if such acquisition is necessary or appropriate to protect any loan; to sell, transfer, and convey any such property to a buyer without regard to the provisions of chapters 253 and 270; and, if such sale, transfer, or conveyance cannot be effected within a reasonable time, to lease such property for occupancy by eligible persons. All sums recovered from the sale, transfer, conveyance, or lease of such property shall be deposited into the Housing Predevelopment Fund.

History: s. 13, ch. 88-376; s. 17, ch. 92-317; s. 17, ch. 93-181; s. 31, ch. 97-167.