FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 373.233 — Florida Code / Title XXVIII / Chapter 373 / Part II / Section 373.233
373.233 Competing applications.
Status: in_force

(1) If two or more applications that otherwise comply with the provisions of this part are pending for a quantity of water that is inadequate for both or all, or that for any other reason are in conflict, and the water management district or department has deemed the applications complete, the water management district or the department has the right to approve or modify the application that best serves the public interest.

(2)(a) If two or more competing applications qualify equally under subsection (1), the governing board or the department shall give preference to a renewal application over an initial application. (b) If two or more competing applications qualify equally under subsection (1) and none of the competing applications is a renewal application, the governing board or the department shall give preference to the application for the use where the source is nearest to the area of use or application consistent with s. 373.016(4)(a).

History: s. 6, part II, ch. 72-299; s. 9, ch. 2013-92; s. 13, ch. 2016-1.
Fla. Stat. § 736.0501 — Florida Code / Title XLII / Chapter 736 / Part V / Section 736.0501
736.0501 Rights of beneficiary’s creditor or assignee.
Status: in_force

Except as provided in s. 736.0504, to the extent a beneficiary’s interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary’s interest by attachment of present or future distributions to or for the benefit of the beneficiary or by other means. The court may limit the award to such relief as is appropriate under the circumstances.

History: s. 5, ch. 2006-217; s. 11, ch. 2007-153.
Fla. Stat. § 25.025 — Florida Code / Title V / Chapter 25 / Section 25.025
25.025 Headquarters.
Status: in_force

(1)(a) A Supreme Court justice who permanently resides outside Leon County is eligible for the designation of a district court of appeal courthouse, a county courthouse, or another appropriate facility in his or her district of residence as his or her official headquarters for purposes of s. 112.061. This official headquarters may serve only as the justice’s private chambers. (b)1. A justice for whom an official headquarters is designated in his or her district of residence under this subsection is eligible for subsistence at a rate to be established by the Chief Justice for each day or partial day that the justice is at the headquarters of the Supreme Court to conduct court business, as authorized by the Chief Justice. The Chief Justice may authorize a justice to choose between subsistence based on lodging at a single-occupancy rate and meal reimbursement as provided in s. 112.061 and subsistence at a fixed rate prescribed by the Chief Justice. 2. In addition to subsistence, a justice is eligible for reimbursement for travel expenses as provided in s. 112.061(7) and (8) for travel between the justice’s official headquarters and the headquarters of the Supreme Court to conduct court business. (c) Payment of subsistence and reimbursement for travel expenses between a justice’s official headquarters and the headquarters of the Supreme Court shall be made to the extent that appropriated funds are available, as determined by the Chief Justice.

(2) The Chief Justice shall coordinate with each affected justice and other state and local officials as necessary to implement subsection (1).

(3)(a) This section does not require a county to provide space in a county courthouse for a justice. A county may enter into an agreement with the Supreme Court governing the use of space in a county courthouse. (b) The Supreme Court may not use state funds to lease space in a district court of appeal courthouse, county courthouse, or other facility to allow a justice to establish an official headquarters pursuant to subsection (1).

(4) The Chief Justice may establish parameters governing the authority provided in this section, including, but not limited to, specifying minimum operational requirements for the designated headquarters, limiting the number of days for which subsistence and travel reimbursement may be provided, and prescribing activities that qualify as the conduct of court business.

(5) If any term of this section conflicts with s. 112.061, this section shall control to the extent of the conflict.

History: s. 1, ch. 2019-95; ss. 64, 115, ch. 2019-116; s. 1, ch. 2020-61.
Fla. Stat. § 499.002 — Florida Code / Title XXXIII / Chapter 499 / Part I / Section 499.002
499.002 Purpose, administration, and enforcement of and exemption from this part.
Status: in_force

(1) This part is intended to: (a) Safeguard the public health and promote the public welfare by protecting the public from injury by product use and by merchandising deceit involving drugs, devices, and cosmetics. (b) Provide uniform legislation to be administered so far as practicable in conformity with the provisions of, and regulations issued under the authority of, the Federal Food, Drug, and Cosmetic Act and that portion of the Federal Trade Commission Act which expressly prohibits the false advertisement of drugs, devices, and cosmetics. (c) Promote thereby uniformity of such state and federal laws, and their administration and enforcement, throughout the United States.

(2) The department shall administer and enforce this part to prevent fraud, adulteration, misbranding, or false advertising in the preparation, manufacture, repackaging, or distribution of drugs, devices, and cosmetics.

(3) For the purpose of any investigation or proceeding conducted by the department under this part, the department may administer oaths, take depositions, issue and serve subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, or other evidence. The department shall exercise this power on its own initiative. Challenges to, and enforcement of, the subpoenas and orders shall be handled as provided in s. 120.569.

(4) Each state attorney, county attorney, or municipal attorney to whom the department or its designated agent reports any violation of this part shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

(5) This part does not require the department to report, for the institution of proceedings under this part, minor violations of this part when it believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.

(6) Common carriers engaged in interstate commerce are not subject to this part if they are engaged in the usual course of business as common carriers.

(7) Notwithstanding any other law or local ordinance or regulation to the contrary, the regulation of over-the-counter proprietary drugs and cosmetics is expressly preempted to the state.

History: s. 34, ch. 82-225; s. 1, ch. 83-265; ss. 2, 3, ch. 86-133; s. 2, ch. 87-50; ss. 2, 4, 6, 48, 49, 50, 52, ch. 92-69; s. 240, ch. 96-410; s. 236, ch. 99-8; s. 1, ch. 2008-207; s. 1, ch. 2020-118.
Fla. Stat. § 288.1097 — Florida Code / Title XIX / Chapter 288 / Part I / Section 288.1097
288.1097 Qualified job training organizations; certification; duties.
Status: in_force

(1) As used in this section, the term “qualified job training organization” means an organization that satisfies all of the following: (a) Is accredited by the Commission for Accreditation of Rehabilitation Facilities. (b) Collects Florida state sales tax. (c) Operates statewide and has more than 100 locations within the state. (d) Is exempt from income taxation under s. 501(c)(3) or (4) of the Internal Revenue Code of 1986, as amended. (e) Specializes in the retail sale of donated items. (f) Provides job training and employment services to individuals who have workplace disadvantages and disabilities. (g) Uses a majority of its revenues for job training and placement programs that create jobs and foster economic development.

(2) To be eligible for funding, an organization must be certified by the department as meeting the criteria in subsection (1). After certification, the department may release funds to the qualified job training organization pursuant to a contract with the organization. The contract must include the performance conditions that must be met in order to obtain the award or portions of the award, including, but not limited to, net new employment in the state, the methodology for validating performance, the schedule of payments, and sanctions for failure to meet the performance requirements including any provisions for repayment of awards. The contract must also require that salaries paid to officers and employees of the qualified job training organization comply with s. 4958 of the Internal Revenue Code of 1986, as amended.

(3) A qualified job training organization that is certified must use the proceeds provided solely to encourage and provide economic development through capital construction, improvements, or the purchase of equipment that will result in expanded employment opportunities. Proceeds provided under this section for a qualified job training organization must result, within a 10-year period, in: (a) The creation of at least 5,000 direct, new jobs. (b) A minimum of 23,000 new clients served. (c) The production of a minimum of $24 million in new sales tax revenues from increased sales. (d) A minimum of $42 million in new salaries. (e) A minimum of $6 million for job placement services.

(4) The failure to use the proceeds as required constitutes grounds for revoking certification.

(5) Notwithstanding s. 624.4625(1)(b), any member of a qualified job training organization that is both certified under this section and has at least one roadside cleaning service contract with a state agency among its membership may participate in a self-insurance fund authorized under s. 624.4625.

History: s. 4, ch. 2006-55; s. 40, ch. 2012-96; s. 1, ch. 2016-239.
Fla. Stat. § 627.6041 — Florida Code / Title XXXVII / Chapter 627 / Part VI / Section 627.6041
627.6041 Children with disabilities; continuation of coverage.
Status: in_force

(1) A hospital or medical expense insurance policy or health care services plan contract that is delivered or issued for delivery in this state and that provides that coverage of a dependent child terminates upon attainment of the limiting age for dependent children specified in the policy or contract must also provide in substance that attainment of the limiting age does not terminate the coverage of the child while the child continues to be both: (a) Incapable of self-sustaining employment by reason of an intellectual or physical disability. (b) Chiefly dependent upon the policyholder or subscriber for support and maintenance.

(2) If a claim is denied under a policy or contract for the stated reason that the child has attained the limiting age for dependent children specified in the policy or contract, the notice of denial must state that the policyholder has the burden of establishing that the child continues to meet the criteria specified in subsection (1).

History: s. 1, ch. 70-187; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 453, 497, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 18, ch. 83-288; ss. 122, 149, ch. 92-33; s. 114, ch. 92-318; s. 19, ch. 2013-162.
Fla. Stat. § 628.917 — Florida Code / Title XXXVII / Chapter 628 / Part V / Section 628.917
628.917 Insolvency and liquidation.
Status: in_force

In the event that a captive insurance company is insolvent as defined in chapter 631, the office shall liquidate the captive insurance company pursuant to the provisions of part I of chapter 631; except that the office shall make no attempt to rehabilitate such insurance company.

History: ss. 664, 809(1st), ch. 82-243; ss. 9, 11, ch. 87-127; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1315, ch. 2003-261; s. 7, ch. 2013-209.
Fla. Stat. § 874.12 — Florida Code / Title XLVI / Chapter 874 / Section 874.12
874.12 Identification documents; unlawful possession or creation.
Status: in_force

(1) For purposes of this section, the term “identification document” includes, but is not limited to, a social security card or number, a birth certificate, a driver license, an identification card issued pursuant to s. 322.051, a naturalization certificate, an alien registration number, a passport, and any access credentials for a publicly operated facility or an infrastructure facility covered under 18 U.S.C. s. 2332f.

(2) Any person possessing or manufacturing any blank, forged, stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued identification document for the purpose of benefiting, promoting, or furthering the interests of a criminal gang commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History: s. 16, ch. 2008-238.
Fla. Stat. § 719.1065 — Florida Code / Title XL / Chapter 719 / Part I / Section 719.1065
719.1065 Power of attorney; compliance with chapter.
Status: in_force

The use of a power of attorney that affects any aspect of the operation of a cooperative shall be subject to and in compliance with the provisions of this chapter and all cooperative documents, association rules and other rules adopted pursuant to this chapter and all other covenants, conditions, and restrictions in force at the time of the execution of the power of attorney.

History: s. 15, ch. 86-175.
Fla. Stat. § 1010.09 — Florida Code / Title XLVIII / Chapter 1010 / Part I / Section 1010.09
1010.09 Direct-support organizations.
Status: in_force

(1) School district and Florida College System institution direct-support organizations shall be organized and conducted under the provisions of ss. 1001.453 and 1004.70 and rules of the State Board of Education, as applicable.

(2) State university direct-support organizations shall be organized and conducted under the provisions of s. 1004.28 and rules of the Board of Governors, as applicable.

History: s. 534, ch. 2002-387; s. 147, ch. 2007-217; s. 156, ch. 2011-5.
Fla. Stat. § 288.80 — Florida Code / Title XIX / Chapter 288 / Part VI / Section 288.80
288.80 Short title.
Status: in_force

This section and ss. 288.8011-288.8018 may be cited as the “Gulf Coast Economic Corridor Act.”

History: s. 51, ch. 2013-39; s. 1, ch. 2017-63.
Fla. Stat. § 20.37 — Florida Code / Title IV / Chapter 20 / Section 20.37
20.37 Department of Veterans’ Affairs.
Status: in_force

There is created a Department of Veterans’ Affairs.

(1) The head of the department is the Governor and Cabinet. The executive director of the department shall be appointed by the Governor subject to a majority vote of the Governor and Cabinet, with the Governor on the prevailing side. The appointment is subject to confirmation by the Senate. The executive director shall serve at the pleasure of the Governor and Cabinet.

(2) The following divisions, and bureaus within these divisions, of the Department of Veterans’ Affairs are established: (a) Division of Administration and Public Information. 1. Bureau of Information and Research. (b) Division of Veterans’ Benefits and Assistance. 1. Bureau of Veteran Claims Services. 2. Bureau of Veteran Field Services. 3. Bureau of State Approving for Veterans’ Training. (c) Division of Long-Term Care.

History: s. 13, ch. 88-290; s. 2, ch. 99-255; s. 3, ch. 2022-14; s. 1, ch. 2023-162.
Fla. Stat. § 766.211 — Florida Code / Title XLV / Chapter 766 / Section 766.211
766.211 Payment of arbitration award; interest.
Status: in_force

(1) Within 20 days after the determination of damages by the arbitration panel pursuant to s. 766.207, the defendant shall: (a) Pay the arbitration award, including interest at the legal rate, to the claimant; or (b) Submit any dispute among multiple defendants to arbitration pursuant to s. 766.208.

(2) Commencing 90 days after the award rendered in the arbitration procedure pursuant to s. 766.207, such award shall begin to accrue interest at the rate of 18 percent per year.

History: s. 58, ch. 88-1; s. 34, ch. 88-277.
Fla. Stat. § 15.0527 — Florida Code / Title IV / Chapter 15 / Section 15.0527
15.0527 Official state heritage cattle breed.
Status: in_force

The Florida Cracker Cattle is designated as the official Florida heritage cattle breed.

History: s. 3, ch. 2018-43.
Fla. Stat. § 641.447 — Florida Code / Title XXXVII / Chapter 641 / Part II / Section 641.447
641.447 Appeal from order.
Status: in_force

Any person, entity, or prepaid health clinic that is subject to an order of the office under s. 641.446 may obtain a review of the order by filing an appeal from the order in accordance with the provisions and procedures for appeal under s. 120.68.

History: ss. 10, 11, ch. 84-313; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1617, ch. 2003-261.
Fla. Stat. § 164.1057 — Florida Code / Title XI / Chapter 164 / Section 164.1057
164.1057 Execution of resolution of conflict.
Status: in_force

Resolution of a conflict at any phase shall require passage of an ordinance, resolution, or interlocal agreement that reflects the terms or conditions of the resolution to the conflict.

History: s. 10, ch. 99-279.
Fla. Stat. § 320.412 — Florida Code / Title XXIII / Chapter 320 / Section 320.412
320.412 Department to furnish certificate of liens.
Status: in_force

The department shall furnish to any person applying therefor a certificate showing the amount of all liens for tax, penalties, and interest that may be of record in the files of the department against any motor carrier under the provisions of this chapter.

History: s. 38, ch. 87-198.
Fla. Stat. § 1006.58 — Florida Code / Title XLVIII / Chapter 1006 / Part II / Section 1006.58
1006.58 Collections management for museums and galleries of state universities.
Status: in_force

(1) State universities may enter into contracts or agreements with or without competitive bidding, as appropriate, for the restoration of objects of art, art history, or natural history in their collections or for the purchase of objects of art, art history, or natural history which are to be added to their collections.

(2) State universities may sell any art, art history, or natural history object in their museum or gallery collections if the university determines that it is no longer appropriate for the collection. The proceeds of the sale shall be deposited in the Acquisition, Restoration, and Conservation Trust Fund or other appropriate trust fund of the university. Each state university museum or gallery shall function entirely separate from every state university museum or gallery. State universities also may exchange any art, art history, or natural history object which the university museums or galleries judge is of equivalent or greater value to their museums or galleries.

(3) No employee, representative, or agent of a university shall receive a commission, fee, or financial benefit in connection with the sale or exchange of a work of art, art history, or natural history, nor may he or she be a business associate of any individual, firm, or organization involved in the sale or exchange.

(4)(a) Each university may establish an Acquisition, Restoration, and Conservation Trust Fund or utilize an appropriate existing trust fund. (b) The president of each university may delegate the following authority to the museum or gallery directors and governing bodies of the museums or galleries: 1. To enter into contracts for the restoration or purchase of art, art history, or natural history objects, with or without competitive bidding, as appropriate. 2. To sell art, art history, or natural history objects in museum or gallery collections, the proceeds of which shall be deposited in the Acquisition, Restoration, and Conservation Trust Fund or other appropriate existing trust fund. 3. To exchange art, art history, or natural history objects of equal or greater value with any other state university.

History: s. 328, ch. 2002-387.
Fla. Stat. § 550.1646 — Florida Code / Title XXXIII / Chapter 550 / Section 550.1646
550.1646 Credit for unclaimed property remitted to state.
Status: in_force

All money or other property represented by any unclaimed, uncashed, or abandoned pari-mutuel ticket that has remained in the custody of or under the control of any permitholder authorized to conduct jai alai pari-mutuel pools in this state for a period of 1 year after the date the pari-mutuel ticket was issued, if the rightful owners thereof have made no claim or demand for such money or other property within that period of time, shall, with respect to live games conducted by the permitholder, be remitted to the state pursuant to s. 550.1645; however, such permitholder shall be entitled to a credit in each state fiscal year in an amount equal to 25 percent of the actual amount remitted in the prior state fiscal year which may be applied against any taxes imposed under this chapter. Funds equal to such credit from any live jai alai games shall be paid by the permitholder to the National Association of Jai Alai Frontons, to be used for the general promotion of the sport of jai alai in the state, including professional tournaments and amateur jai alai youth programs. These youth programs shall focus on benefiting children in after-school and anti-drug programs with special attention to inner-city areas.

History: s. 45, ch. 2000-354.
Fla. Stat. § 626.9371 — Florida Code / Title XXXVII / Chapter 626 / Part VIII / Section 626.9371
626.9371 Payment of premiums and claims.
Status: in_force

(1) The premiums for surplus lines insurance contracts issued on or after October 1, 2009, in this state or covering risks located in this state shall be paid in cash consisting of coins, currency, checks, or money orders or by using a debit card, credit card, automatic electronic funds transfer, or payroll deduction plan.

(2) All payments of claims made in this state under any contract of surplus lines insurance issued on or after October 1, 2009, shall be made: (a) In cash consisting of coins, currency, checks, drafts, or money orders and, if made by check or draft, shall be in such form as will comply with the standards for cash items adopted by the Federal Reserve System to facilitate the sorting, routing, and mechanized processing of such items; or (b) By debit card or any other form of electronic transfer if authorized in writing by the recipient or the recipient’s representative. Any fees or costs to be charged against the recipient must be disclosed in writing to the recipient or the recipient’s representative at the time of written authorization. However, the written authorization requirement may be waived by the recipient or the recipient’s representative if the insurer verifies the identity of the insured or the insured’s recipient and does not charge a fee for the transaction. If the funds are misdirected, the insurer remains liable for the payment of the claim.

History: s. 3, ch. 2009-166.
Fla. Stat. § 364.013 — Florida Code / Title XXVII / Chapter 364 / Section 364.013
364.013 Emerging and advanced services.
Status: in_force

Broadband service and the provision of voice-over-Internet-protocol (VoIP) are exempt from commission jurisdiction and shall be free of state regulation, except as delineated in this chapter, regardless of the provider, platform, or protocol. Notwithstanding the exemptions in this chapter, a competitive local exchange telecommunications company is entitled to interconnection with a local exchange telecommunications company to transmit and route voice traffic between both the competitive local exchange telecommunications company and the local exchange telecommunications company regardless of the technology by which the voice traffic is originated by and terminated to an end user. The commission shall afford such competitive local exchange telecommunications company all substantive and procedural rights available to such companies regarding interconnection under the law.

History: s. 13, ch. 2005-132; s. 3, ch. 2009-226.