FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 607.04021 — Florida Code / Title XXXVI / Chapter 607 / Part I / Section 607.04021
607.04021 Reserved name.
Status: in_force

(1) A person may reserve the exclusive use of a corporate name, including an alternate name for a foreign corporation whose corporate name is not available, by delivering an application to the department for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the department finds that the corporate name applied for is available, it shall reserve the name for the exclusive use of the applicant for a nonrenewable 120-day period.

(2) The owner of a reserved corporate name may transfer the reservation to another person by delivering to the department a signed notice of the transfer that states the name and address of the transferee.

(3) The department may revoke any reservation if, after a hearing, it finds that the application therefor or any transfer thereof was not made in good faith.

History: s. 29, ch. 2019-90.
Fla. Stat. § 110.605 — Florida Code / Title X / Chapter 110 / Part V / Section 110.605
110.605 Powers and duties; personnel rules, records, reports, and performance appraisal.
Status: in_force

(1) The department shall adopt and administer uniform personnel rules, records, and reports relating to employees and positions in the Selected Exempt Service, as well as any other rules and procedures relating to personnel administration which are necessary to carry out the purposes of this part. (a) The department shall develop uniform forms and instructions to be used in reporting transactions which involve changes in an employee’s salary, status, performance, leave, fingerprint record, loyalty oath, payroll change, or appointment action or any additional transactions as the department may deem appropriate. (b) The department shall develop a uniform performance appraisal system for employees and positions in the Selected Exempt Service covered by a collective bargaining agreement. Each employing agency shall develop a performance appraisal system for all other employees and positions in the Selected Exempt System. Such agency system shall take into consideration individual and organizational efficiency, productivity, and effectiveness. (c) The employing agency must maintain, on a current basis, all records and reports required by applicable rules. The department shall periodically audit employing agency records to determine compliance with the provisions of this part and the rules of the department. (d) The department shall develop a program of affirmative and positive actions that will ensure full utilization of women and minorities in Selected Exempt Service positions.

(2) Each employing agency shall operate within the uniform personnel rules adopted by the department pursuant to the provisions of this part. Each employing agency may adopt rules as necessary to implement the provisions of this part, but such rules shall not prescribe any personnel policies inconsistent with the provisions of this part or the rules of the department.

(3) The rules adopted by the department and each employing agency under this part shall comply with all federal regulations necessary to permit the state agencies to be eligible to receive federal funds.

(4) The department shall adopt by rule procedures for Selected Exempt Service employees that require disclosure to the agency head of any application for or offer of employment, gift, contractual relationship, or financial interest with any individual, partnership, association, corporation, utility, or other organization, whether public or private, doing business with or subject to regulation by the agency.

(5) The secretary may periodically hire a consultant with expertise in personnel management to advise him or her with respect to the administration of the Selected Exempt Service.

History: ss. 8, 14, ch. 85-318; s. 9, ch. 86-149; ss. 1, 2, ch. 89-13; s. 7, ch. 89-277; s. 18, ch. 94-113; s. 1, ch. 94-259; s. 672, ch. 95-147; s. 21, ch. 96-399; s. 15, ch. 99-399; s. 30, ch. 2001-43.
Fla. Stat. § 624.4361 — Florida Code / Title XXXVII / Chapter 624 / Part III / Section 624.4361
624.4361 Definitions.
Status: in_force

As used in ss. 624.436-624.446:

(1) “Arrangement” means a multiple-employer welfare arrangement.

(2) “Fund balance” means total statutory assets in excess of total statutory liabilities, except that assets pledged to secure debts not reflected on the books of the multiple-employer welfare arrangement shall not be included in the fund balance. “Fund balance” includes other contributed capital, retained earnings, and surplus notes.

(3) “Insolvent” or “insolvency” means that all the assets of the multiple-employer welfare arrangement, if made immediately available, would not be sufficient to discharge all of its liabilities, or that the multiple-employer welfare arrangement is unable to pay its debts as they become due in the usual course of business.

(4) “Reporting period” means the annual accounting period or fiscal year of the multiple-employer welfare arrangement.

(5) “Statutory accounting principles” means generally accepted accounting principles, except as modified by part I of chapter 625 and by rules adopted by the commission which recognize the difference between an arrangement and an insurer.

(6) “Surplus notes” means funds borrowed by a multiple-employer welfare arrangement which result in a written instrument which includes all of the following: (a) The effective date, amount, interest, and parties involved are clearly set forth. (b) The principal sum and any interest accrued thereon are subject to and subordinate to all other liabilities of the multiple-employer welfare arrangement. (c) The instrument states that the parties agree that the multiple-employer welfare arrangement shall satisfy the office that all claims of participants and general creditors of the organization have been paid or otherwise discharged prior to any payment of interest or repayment of principal. (d) The instrument is executed by both parties and a certified copy of the instrument is filed with the office. (e) The parties agree not to modify, terminate, or cancel the surplus note without the prior approval of the office.

(7) “Qualified actuary” means an actuary who is a member of the American Academy of Actuaries or the Society of Actuaries and has experience in establishing rates for a self-insured trust and the health services being provided.

History: ss. 23, 188, ch. 91-108; s. 4, ch. 91-429; s. 808, ch. 2003-261.
Fla. Stat. § 947.18 — Florida Code / Title XLVII / Chapter 947 / Section 947.18
947.18 Conditions of parole.
Status: in_force

No person shall be placed on parole merely as a reward for good conduct or efficient performance of duties assigned in prison. No person shall be placed on parole until and unless the commission finds that there is reasonable probability that, if the person is placed on parole, he or she will live and conduct himself or herself as a respectable and law-abiding person and that the person’s release will be compatible with his or her own welfare and the welfare of society. No person shall be placed on parole unless and until the commission is satisfied that he or she will be suitably employed in self-sustaining employment or that he or she will not become a public charge. The commission shall determine the terms upon which such person shall be granted parole. If the person’s conviction was for a controlled substance violation, one of the conditions must be that the person submit to random substance abuse testing intermittently throughout the term of supervision, upon the direction of the correctional probation officer as defined in s. 943.10(3). In addition to any other lawful condition of parole, the commission may make the payment of the debt due and owing to the state under s. 960.17 or the payment of the attorney’s fees and costs due and owing to the state under s. 938.29 a condition of parole subject to modification based on change of circumstances. If the person’s conviction was for a crime that was found to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, one of the conditions must be that the person be prohibited from knowingly associating with other criminal gang members or associates, except as authorized by law enforcement officials, prosecutorial authorities, or the court, for the purpose of aiding in the investigation of criminal activity.

History: s. 14, ch. 20519, 1941; s. 4, ch. 77-452; s. 34, ch. 83-131; s. 2, ch. 83-256; s. 37, ch. 86-183; ss. 67, 72, ch. 88-122; s. 17, ch. 89-531; ss. 15, 20, ch. 90-337; s. 1, ch. 93-2; s. 4, ch. 96-232; s. 1875, ch. 97-102; s. 43, ch. 97-271; s. 135, ch. 2003-402; s. 22, ch. 2008-238.
Fla. Stat. § 553.968 — Florida Code / Title XXXIII / Chapter 553 / Part VI / Section 553.968
553.968 Exemptions.
Status: in_force

The department may grant an exemption from compliance with the standards of this part for any currently produced product model which the manufacturer shows, and the department finds, comprises less than 0.5 percent of that manufacturer’s total sales volume in the state for that product class, and with respect to which the manufacturer shows, and the department finds, that modification of the product model to meet the standards of this part would place an undue burden on the manufacturer. Such determination by the department shall be considered final agency action reviewable pursuant to chapter 120. An exemption so granted shall be for a period of up to but not exceeding 2 years. The department shall grant only one exemption for any particular model, and any new product model initially produced after January 1, 1988, shall not be eligible for such an exemption.

History: s. 1, ch. 87-271.
Fla. Stat. § 520.80 — Florida Code / Title XXXIII / Chapter 520 / Part V / Section 520.80
520.80 Mortgages, promissory notes.
Status: in_force

Every promissory note or mortgage shall bear on the side of the note or mortgage which contains the maker’s signature the following legend in at least 10-point boldfaced type: “Payment of this note or mortgage is subject to the terms of a home improvement installment contract of even date between maker and payee or mortgagor and mortgagee.” The contract may require execution of a promissory note or mortgage.

History: s. 1, ch. 69-44; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 80-256; s. 2, ch. 81-318; ss. 35, 36, ch. 90-103; s. 4, ch. 91-429.
Fla. Stat. § 283.43 — Florida Code / Title XIX / Chapter 283 / Section 283.43
283.43 Public information printing services.
Status: in_force

Any agency the authorized functions of which include public information programs is authorized to purchase, pursuant to this chapter and subject to its appropriation and any other limitations imposed by law, typesetting, printing, and media distribution services, when the purchase of such services would be less costly than the performance of the same services directly by the agency or when such services are beyond the production limitations established by agency guidelines.

History: ss. 1, 6, ch. 83-252; s. 4, ch. 88-32; ss. 9, 44, ch. 90-335; s. 11, ch. 2011-4.
Fla. Stat. § 243.24 — Florida Code / Title XVI / Chapter 243 / Part I / Section 243.24
243.24 Acquisition of real property.
Status: in_force

The authority is authorized and empowered, directly or by and through a participating institution for higher education as its agent, to acquire by purchase solely from funds provided under the authority of this part, or by gift or devise, such lands, structures, property, real or personal, rights, rights-of-way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights, which are located within or without the state as it may deem necessary or convenient for the construction or operation of a project, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner thereof, and to take title thereto in the name of the authority or in the name of a participating institution for higher education as its agent.

History: s. 7, ch. 69-345.
Fla. Stat. § 379.2223 — Florida Code / Title XXVIII / Chapter 379 / Part I / Section 379.2223
379.2223 Control and management of state game lands.
Status: in_force

(1) The Fish and Wildlife Conservation Commission is authorized to make, adopt, promulgate, amend, repeal, and enforce all reasonable rules and regulations necessary for the protection, control, operation, management, or development of lands or waters owned by, leased by, or otherwise assigned to, the commission for fish or wildlife management purposes, including, but not limited to, the right of ingress and egress. Before any such rule or regulation is adopted, other than one relating to wild animal life, marine life, or freshwater aquatic life, the commission shall obtain the consent and agreement, in writing, of the owner, in the case of privately owned lands or waters, or the owner or primary custodian, in the case of public lands or waters.

(2) A person who violates a rule or regulation adopted pursuant to this section is subject to penalties as provided in s. 379.401.

History: s. 1, ch. 70-40; s. 306, ch. 71-136; s. 1, ch. 90-39; s. 128, ch. 99-245; s. 20, ch. 2000-197; s. 29, ch. 2008-247; s. 1, ch. 2016-107.
Fla. Stat. § 607.0742 — Florida Code / Title XXXVI / Chapter 607 / Part I / Section 607.0742
607.0742 Complaint; demand and excuse.
Status: in_force

A complaint in a proceeding brought in the right of a corporation must be verified and allege with particularity:

(1) The demand, if any, made to obtain the action desired by the shareholder from the board of directors; and

(2) Either: (a) If such a demand was made, that the demand was refused, rejected, or ignored by the board of directors prior to the expiration of 90 days from the date the demand was made; (b) If such a demand was made, why irreparable injury to the corporation or misapplication or waste of corporate assets causing material injury to the corporation would result by waiting for the expiration of a 90-day period from the date the demand was made; or (c) The reason or reasons the shareholder did not make the effort to obtain the desired action from the board of directors or comparable authority.

History: s. 74, ch. 2019-90.
Fla. Stat. § 944.70 — Florida Code / Title XLVII / Chapter 944 / Section 944.70
944.70 Conditions for release from incarceration.
Status: in_force

(1)(a) A person who is convicted of a crime committed on or after October 1, 1983, but before January 1, 1994, may be released from incarceration only: 1. Upon expiration of the person’s sentence; 2. Upon expiration of the person’s sentence as reduced by accumulated gain-time; 3. As directed by an executive order granting clemency; 4. Upon attaining the provisional release date; 5. Upon placement in a conditional release program pursuant to s. 947.1405; or 6. Upon the granting of control release pursuant to s. 947.146. (b) A person who is convicted of a crime committed on or after January 1, 1994, may be released from incarceration only: 1. Upon expiration of the person’s sentence; 2. Upon expiration of the person’s sentence as reduced by accumulated meritorious or incentive gain-time; 3. As directed by an executive order granting clemency; 4. Upon placement in a conditional release program pursuant to s. 947.1405 or a conditional medical release program pursuant to s. 947.149; or 5. Upon the granting of control release, including emergency control release, pursuant to s. 947.146.

(2) A person who is convicted of a crime committed on or after December 1, 1990, and who receives a control release date may not refuse to accept the terms or conditions of control release.

History: s. 16, ch. 98-204.
Fla. Stat. § 648.381 — Florida Code / Title XXXVII / Chapter 648 / Section 648.381
648.381 Reexamination.
Status: in_force

Any applicant for licensure who has taken an examination and failed to make a passing grade, has failed to appear for the examination, or has failed to take or complete the examination at the time and place specified in the notice of the department may take additional examinations upon the filing of an application for reexamination, with applicable fees. The failure of an applicant to pass an examination or the failure to appear for the examination or to take or complete the examination does not preclude the applicant from taking subsequent examinations. A person who fails an examination three times must retake the 120-hour course and obtain a grade of 80 percent or higher before sitting for the examination again.

History: ss. 18, 47, ch. 90-131; s. 4, ch. 91-429; s. 18, ch. 96-372; s. 11, ch. 2002-260.
Fla. Stat. § 509.095 — Florida Code / Title XXXIII / Chapter 509 / Part I / Section 509.095
509.095 Accommodations at public lodging establishments for individuals with a valid military identification card.
Status: in_force

Upon the presentation of a valid military identification card by an individual who is currently on active duty as a member of the United States Armed Forces, National Guard, Reserve Forces, or Coast Guard, and who seeks to obtain accommodations at a hotel, motel, or bed and breakfast inn, as defined in s. 509.242, such hotel, motel, or bed and breakfast inn shall waive any minimum age policy that it may have which restricts accommodations to individuals based on age. Duplication of a military identification card presented pursuant to this section is prohibited.

History: s. 1, ch. 2015-139.
Fla. Stat. § 877.16 — Florida Code / Title XLVI / Chapter 877 / Section 877.16
877.16 Exhibition of deformed animals prohibited; penalty.
Status: in_force

Whoever shall exhibit for pay or compensation any crippled or physically distorted, malformed, or disfigured beast, bird, or animal in any circus, show, or similar place, or any other place to which an admission fee is charged, whoever knowingly advertises or knowingly causes to be advertised any such exhibition, and whoever solicits or procures the attendance of others at such exhibition with knowledge of the nature thereof, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History: s. 2, ch. 8524, 1921; CGL 7674; s. 1124, ch. 71-136.
Fla. Stat. § 64.031 — Florida Code / Title VI / Chapter 64 / Part I / Section 64.031
64.031 Parties.
Status: in_force

The action may be filed by any one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided.

History: s. 2, Mar. 14, 1844; RS 1492; GS 1941; RGS 3204; CGL 4996; s. 19, ch. 67-254.
Fla. Stat. § 61.707 — Florida Code / Title VI / Chapter 61 / Part IV / Section 61.707
61.707 Jurisdiction.
Status: in_force

(1) A court may issue an order regarding custodial responsibility only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.

(2) For purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the residence of the deploying parent does not change by reason of the deployment if: (a) A court has issued a temporary order regarding custodial responsibility. (b) A court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement. (c) A court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment.

(3) This section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.

History: s. 1, ch. 2018-69.
Fla. Stat. § 253.129 — Florida Code / Title XVIII / Chapter 253 / Section 253.129
253.129 Confirmation of title in upland owners.
Status: in_force

The title to all lands heretofore filled or developed is herewith confirmed in the upland owners and the trustees shall on request issue a disclaimer to each such owner.

History: s. 9, ch. 57-362; s. 13, ch. 59-1.
Fla. Stat. § 626.8311 — Florida Code / Title XXXVII / Chapter 626 / Part IV / Section 626.8311
626.8311 Requirement as to knowledge, experience, or instruction.
Status: in_force

An applicant for a license as a health agent, except for a chartered life underwriter (CLU), shall not be qualified or licensed unless within the 4 years immediately preceding the date the application for license is filed with the department he or she has:

(1) Successfully completed 40 hours of coursework in health insurance, approved by the department, 3 hours of which shall be on the subject matter of ethics. Courses must include instruction on the subject matter of unauthorized entities engaging in the business of insurance, to include the Florida Nonprofit Multiple-Employer Welfare Arrangement Act and the Employee Retirement Income Security Act, 29 U.S.C. ss. 1001 et seq., as it relates to the provision of health insurance by employers to their employees and the regulation thereof;

(2) Successfully completed a minimum of 60 hours of coursework in multiple areas of insurance, which included health insurance, approved by the department, 3 hours of which shall be on the subject matter of ethics. Courses must include instruction on the subject matter of unauthorized entities engaging in the business of insurance;

(3) Earned or maintained an active designation as a Registered Health Underwriter (RHU), Chartered Healthcare Consultant (ChHC), or Registered Employee Benefits Consultant (REBC) from the American College of Financial Services; Certified Employee Benefit Specialist (CEBS) from the Wharton School of the University of Pennsylvania; or Health Insurance Associate (HIA) from America’s Health Insurance Plans;

(4) Held an active license in health insurance in another state. This provision may not be utilized unless the other state grants reciprocal treatment to licensees formerly licensed in Florida; or

(5) Been employed by the department or office for at least 1 year, full time in health insurance regulatory matters and who was not terminated for cause, and application for examination is made within 4 years after the date of termination of his or her employment with the department or office.

Prelicensure coursework is not required for an applicant who is a member or veteran of the United States Armed Forces or the spouse of such a member or veteran. A qualified individual must provide a copy of a military identification card, military dependent identification card, military service record, military personnel file, veteran record, discharge paper, or separation document that indicates such member is currently in good standing or such veteran is honorably discharged.

History: ss. 110, 207, ch. 90-363; s. 4, ch. 91-429; s. 22, ch. 92-146; s. 272, ch. 97-102; s. 35, ch. 2002-206; s. 966, ch. 2003-261; s. 54, ch. 2003-267; s. 47, ch. 2003-281; s. 3, ch. 2007-199; s. 13, ch. 2015-180; s. 44, ch. 2018-7.
Fla. Stat. § 61.713 — Florida Code / Title VI / Chapter 61 / Part IV / Section 61.713
61.713 General consideration in custody proceeding of parent’s service.
Status: in_force

In a proceeding for custodial responsibility of a child of a servicemember, a court may not consider a parent’s past deployment or possible future deployment in determining the best interest of the child.

History: s. 1, ch. 2018-69.