FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 337.023 — Florida Code / Title XXVI / Chapter 337 / Section 337.023
337.023 Sale of building; acceptance of replacement building.
Status: in_force

Notwithstanding the provisions of s. 216.292(4)(c), if the department sells a building, the department may accept the construction of a replacement building, in response to a request for proposals, totally or partially in lieu of cash, and may do so without a specific legislative appropriation. Such action is subject to the approval of the Executive Office of the Governor, and is subject to the notice, review, and objection procedures under s. 216.177. The replacement building shall be consistent with the current and projected needs of the department as agreed upon by the department and the Department of Management Services.

History: s. 51, ch. 97-278; s. 121, ch. 99-13; s. 55, ch. 2000-371; s. 46, ch. 2005-152; s. 72, ch. 2023-8.
Fla. Stat. § 290.0072 — Florida Code / Title XIX / Chapter 290 / Section 290.0072
290.0072 Enterprise zone designation for the City of Winter Haven.
Status: in_force

The City of Winter Haven may apply to the department for designation of one enterprise zone for an area within the City of Winter Haven, which zone shall encompass an area up to 5 square miles. Notwithstanding s. 290.0065 limiting the total number of enterprise zones designated and the number of enterprise zones within a population category, the department may designate one enterprise zone under this section. The department shall establish the initial effective date of the enterprise zone designated pursuant to this section.

History: s. 8, ch. 2006-113; s. 42, ch. 2007-5; s. 211, ch. 2011-142.
Fla. Stat. § 944.01 — Florida Code / Title XLVII / Chapter 944 / Section 944.01
944.01 Short title.
Status: in_force

This act may be cited as “The Florida Corrections Code of 1957.”

History: s. 45, ch. 57-121.
Fla. Stat. § 663.401 — Florida Code / Title XXXVIII / Chapter 663 / Part III / Section 663.401
663.401 Definitions.
Status: in_force

(1) “Affiliate” means a person or business or a group of persons or businesses acting in concert which controls, is controlled by, or is under common control of an international trust entity.

(2) “International trust company representative office” means an office of an international trust entity which is established or maintained in this state for the purpose of engaging in nonfiduciary activities described in s. 663.409, or any affiliate, subsidiary, or other person that engages in such activities on behalf of such international trust entity from an office located in this state.

(3) “International trust entity” means an international trust company or organization, or any similar business entity, or an affiliated or subsidiary entity that is licensed, chartered, or similarly permitted to conduct trust business in a foreign country or countries under the laws where such entity is organized and supervised.

History: s. 22, ch. 2017-83.
Fla. Stat. § 161.76 — Florida Code / Title XI / Chapter 161 / Part IV / Section 161.76
161.76 Preservation of authority.
Status: in_force

This part does not restrict or limit the authority otherwise granted to the commission, or other state agencies by law.

History: s. 1, ch. 2005-166.
Fla. Stat. § 1001.462 — Florida Code / Title XLVIII / Chapter 1001 / Part II / Section 1001.462
1001.462 Oath of district school superintendent.
Status: in_force

Before entering upon the duties of his or her office, the district school superintendent shall take the oath of office prescribed by the State Constitution.

History: s. 64, ch. 2002-387.
Fla. Stat. § 455.211 — Florida Code / Title XXXII / Chapter 455 / Section 455.211
455.211 Board rules; final agency action; challenges.
Status: in_force

(1) The secretary of the department shall have standing to challenge any rule or proposed rule of a board under its jurisdiction pursuant to s. 120.56. In addition to challenges for any invalid exercise of delegated legislative authority, the administrative law judge, upon such a challenge by the secretary, may declare all or part of a rule or proposed rule invalid if it: (a) Does not protect the public from any significant and discernible harm or damages; (b) Unreasonably restricts competition or the availability of professional services in the state or in a significant part of the state; or (c) Unnecessarily increases the cost of professional services without a corresponding or equivalent public benefit. However, there shall not be created a presumption of the existence of any of the conditions cited in this subsection in the event that the rule or proposed rule is challenged.

(2) In addition, either the secretary or the board shall be a substantially interested party for purposes of s. 120.54(7). The board may, as an adversely affected party, initiate and maintain an action pursuant to s. 120.68 challenging the final agency action.

(3) No board created within the department shall have standing to challenge a rule or proposed rule of another board. However, if there is a dispute between boards concerning a rule or proposed rule, the boards may avail themselves of the provisions of s. 455.207(5).

(4) Any proposed board rule that has not been modified to remove proposed committee objections of the Administrative Procedures Committee must receive approval from the department prior to filing the rule with the Department of State for final adoption. The department may repeal any rule enacted by the board which has taken effect without having met proposed committee objections of the Administrative Procedures Committee.

History: s. 5, ch. 79-36; s. 42, ch. 92-33; s. 12, ch. 92-149; s. 23, ch. 93-129; s. 69, ch. 94-218; s. 207, ch. 96-410; s. 9, ch. 97-261; s. 5, ch. 2000-356.
Fla. Stat. § 379.3504 — Florida Code / Title XXVIII / Chapter 379 / Part VI / Section 379.3504
379.3504 Entering false information on licenses or permits.
Status: in_force

Whoever knowingly and willfully enters false information on, or allows or causes false information to be entered on or shown upon, any license or permit issued under this chapter in order to avoid prosecution or assist another in avoiding prosecution, or for any other wrongful purpose, commits a Level Two violation under s. 379.401.

History: s. 1, ch. 65-159; s. 11, ch. 85-235; s. 7, ch. 91-134; s. 19, ch. 96-300; s. 134, ch. 2008-247; s. 10, ch. 2016-107.
Fla. Stat. § 121.4503 — Florida Code / Title X / Chapter 121 / Part II / Section 121.4503
121.4503 Florida Retirement System Contributions Clearing Trust Fund.
Status: in_force

(1) The Florida Retirement System Contributions Clearing Trust Fund is created as a clearing fund for disbursing employer and employee contributions to the component plans of the Florida Retirement System and shall be administered by the Department of Management Services. Funds shall be credited to the trust fund as provided in this chapter and held in trust for the contributing employees and employers until such time as the assets are transferred by the department to the Florida Retirement System Trust Fund, the Florida Retirement System Investment Plan Trust Fund, or other trust funds as authorized by law, to be used for the purposes of this chapter. The trust fund is exempt from the service charges imposed by s. 215.20.

(2) The Florida Retirement System Contributions Clearing Trust Fund is a clearing trust fund of the Department of Management Services pursuant to s. 19(f), Art. III of the State Constitution, and is not subject to termination.

History: ss. 1, 2, ch. 2002-73; s. 28, ch. 2011-68; s. 38, ch. 2012-116.
Fla. Stat. § 548.066 — Florida Code / Title XXXIII / Chapter 548 / Section 548.066
548.066 Ticket refunds.
Status: in_force

(1) Upon the postponement, substitution of either participant, or cancellation of the main event or the entire program of matches, the promoter shall refund the full purchase price of a ticket to each person presenting a ticket for a refund within 30 days after the scheduled date of the event. Within 10 days after the expiration of the 30-day period, the promoter shall pay all unclaimed ticket receipts to the commission. The commission shall hold the funds for 1 year and make refunds during such time to any person presenting a ticket for a refund. Thereafter, the commission shall pay all remaining moneys from the ticket sale to the Chief Financial Officer for deposit into the General Revenue Fund.

(2) For failure to comply with this section, the commission may declare a promoter’s bond or other security forfeited, suspend or revoke the license of a promoter, and impose any other penalty provided.

History: ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 650, ch. 2003-261; s. 13, ch. 2014-128.
Fla. Stat. § 817.037 — Florida Code / Title XLVI / Chapter 817 / Part I / Section 817.037
817.037 Fraudulent refunds.
Status: in_force

(1) Any person who engages in a systematic, ongoing course of conduct to obtain a refund for merchandise from a business establishment by knowingly giving a false or fictitious name or address as his or her own or the name or address of any other person without that person’s knowledge and approval is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) In order for a person to be convicted under this section, a conspicuous notice must have been posted in the business establishment in the area where refunds are made, advising patrons of the provisions of this section and the penalties provided.

History: s. 3, ch. 86-161; s. 193, ch. 91-224; s. 1246, ch. 97-102.
Fla. Stat. § 252.81 — Florida Code / Title XVII / Chapter 252 / Part II / Section 252.81
252.81 Short title.
Status: in_force

Part II of this chapter, consisting of ss. 252.81-252.90, may be cited as the “Florida Emergency Planning and Community Right-to-Know Act.”

History: s. 1, ch. 88-200; s. 1, ch. 92-150; s. 1, ch. 2005-5.
Fla. Stat. § 624.04 — Florida Code / Title XXXVII / Chapter 624 / Part I / Section 624.04
624.04 “Person” defined.
Status: in_force

“Person” includes an individual, insurer, company, association, organization, Lloyds, society, reciprocal insurer or interinsurance exchange, partnership, syndicate, business trust, corporation, agent, general agent, broker, service representative, adjuster, and every legal entity.

History: s. 4, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 15, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 69, ch. 2003-1; s. 11, ch. 2003-267; s. 4, ch. 2003-281.
Fla. Stat. § 492.1101 — Florida Code / Title XXXII / Chapter 492 / Section 492.1101
492.1101 Inactive status.
Status: in_force

(1) A license that has become inactive may be reactivated under s. 492.109 upon application to the department.

(2) The board shall promulgate rules relating to the reactivation of inactive licenses and shall prescribe by rule a fee for the reactivation of inactive licenses.

History: ss. 10, 19, ch. 87-403; s. 4, ch. 91-429; s. 291, ch. 94-119.
Fla. Stat. § 90.5036 — Florida Code / Title VII / Chapter 90 / Section 90.5036
90.5036 Domestic violence advocate-victim privilege.
Status: in_force

(1) For purposes of this section: (a) A “domestic violence center” is any public or private agency that offers assistance to victims of domestic violence, as defined in s. 741.28, and their families. (b) A “domestic violence advocate” means any employee or volunteer who has 30 hours of training in assisting victims of domestic violence and is an employee of or volunteer for a program for victims of domestic violence whose primary purpose is the rendering of advice, counseling, or assistance to victims of domestic violence. (c) A “victim” is a person who consults a domestic violence advocate for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by an act of domestic violence, an alleged act of domestic violence, or an attempted act of domestic violence. (d) A communication between a domestic violence advocate and a victim is “confidential” if it relates to the incident of domestic violence for which the victim is seeking assistance and if it is not intended to be disclosed to third persons other than: 1. Those persons present to further the interest of the victim in the consultation, assessment, or interview. 2. Those persons to whom disclosure is reasonably necessary to accomplish the purpose for which the domestic violence advocate is consulted.

(2) A victim has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made by the victim to a domestic violence advocate or any record made in the course of advising, counseling, or assisting the victim. The privilege applies to confidential communications made between the victim and the domestic violence advocate and to records of those communications only if the advocate is registered under s. 39.905 at the time the communication is made. This privilege includes any advice given by the domestic violence advocate in the course of that relationship.

(3) The privilege may be claimed by: (a) The victim or the victim’s attorney on behalf of the victim. (b) A guardian or conservator of the victim. (c) The personal representative of a deceased victim. (d) The domestic violence advocate, but only on behalf of the victim. The authority of a domestic violence advocate to claim the privilege is presumed in the absence of evidence to the contrary.

History: s. 7, ch. 95-187; s. 127, ch. 98-403.
Fla. Stat. § 657.003 — Florida Code / Title XXXVIII / Chapter 657 / Section 657.003
657.003 Purposes.
Status: in_force

A credit union is a cooperative, nonprofit association, organized under this chapter, for the purposes of encouraging thrift among its members, creating sources of credit at fair and reasonable rates of interest, and providing an opportunity for its members to use and control their resources on a democratic basis in order to improve their economic and social condition.

History: ss. 1, 6, ch. 80-258; ss. 2, 3, ch. 81-318; s. 1, ch. 91-307; s. 1, ch. 92-303.
Fla. Stat. § 409.963 — Florida Code / Title XXX / Chapter 409 / Part IV / Section 409.963
409.963 Single state agency.
Status: in_force

The agency is designated as the single state agency authorized to manage, operate, and make payments for medical assistance and related services under Title XIX of the Social Security Act. Subject to any limitations or directions provided in the General Appropriations Act, these payments may be made only for services included in the program, only on behalf of eligible individuals, and only to qualified providers in accordance with federal requirements for Title XIX of the Social Security Act and state law. This program of medical assistance is designated as the “Medicaid program.” The department is responsible for Medicaid eligibility determinations, including, but not limited to, policy, rules, and the agreement with the Social Security Administration for Medicaid eligibility determinations for Supplemental Security Income recipients, as well as the actual determination of eligibility. As a condition of Medicaid eligibility, subject to federal approval, the agency and the department shall ensure that each Medicaid recipient consents to the release of her or his medical records to the agency and the Medicaid Fraud Control Unit of the Department of Legal Affairs.

History: s. 4, ch. 2011-134.
Fla. Stat. § 125.581 — Florida Code / Title XI / Chapter 125 / Part I / Section 125.581
125.581 Certain local employment registration prohibited.
Status: in_force

(1) Except as authorized by law, no county or municipality shall enact or enforce any ordinance, resolution, rule, regulation, policy, or other action which requires the registration or background screening of any individual engaged in or applying for a specific type or category of employment in the county or municipality or requires the carrying of an identification card issued as a result of such registration or screening, whether or not such requirement is based upon the residency of the person. However, an ordinance that regulates any business, institution, association, profession, or occupation by requiring background screening, which may include proof of certain skills, knowledge, or moral character, is not prohibited by this section, provided that such regulation: (a) Is not preempted to the state or is not otherwise prohibited by law; (b) Is a valid exercise of the police power; (c) Is narrowly designed to offer the protection sought by the county or municipality; and (d) Does not unfairly discriminate against any class of individuals.

(2) This act shall not be construed to prohibit any employer, including a local government, from investigating the background of employees or prospective employees or from requiring employees to carry an identification card or registration card.

History: ss. 1, 2, ch. 86-259.
Fla. Stat. § 429.913 — Florida Code / Title XXX / Chapter 429 / Part III / Section 429.913
429.913 Administrative fines.
Status: in_force

(1)(a) In addition to the requirements of part II of chapter 408, if the agency determines that an adult day care center is not operated in compliance with this part or with rules adopted under this part, the agency, notwithstanding any other administrative action it takes, shall make a reasonable attempt to discuss with the owner each violation and recommended corrective action prior to providing the owner with written notification. The agency may request the submission of a corrective action plan for the center which demonstrates a good faith effort to remedy each violation by a specific date, subject to the approval of the agency. (b) The owner of a center or its operator or employee found in violation of this part, part II of chapter 408, or applicable rules may be fined by the agency. A fine may not exceed $500 for each violation. In no event, however, may such fines in the aggregate exceed $5,000. (c) The failure to correct a violation by the date set by the agency, or the failure to comply with an approved corrective action plan, is a separate violation for each day such failure continues, unless the agency approves an extension to a specific date.

(2) In determining whether to impose a fine and in fixing the amount of any fine, the agency shall consider the following factors: (a) The gravity of the violation, including the probability that death or serious physical or emotional harm to a participant will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated. (b) Actions taken by the owner or operator to correct violations. (c) Any previous violations. (d) The financial benefit to the center of committing or continuing the violation.

History: ss. 64, 83, ch. 83-181; ss. 8, 17, ch. 93-215; s. 4, ch. 2006-197; s. 169, ch. 2007-230.
Fla. Stat. § 201.16 — Florida Code / Title XIV / Chapter 201 / Section 201.16
201.16 Other laws made applicable to chapter.
Status: in_force

All revenue laws relating to the assessment and collection of taxes are hereby extended to and made a part of this chapter, so far as applicable, for the purpose of collecting stamp taxes omitted through mistake or fraud from any instrument, document, paper, or writing named herein.

History: s. 3, ch. 15787, 1931; CGL 1936 Supp. 1279(115).
Fla. Stat. § 633.426 — Florida Code / Title XXXVII / Chapter 633 / Part IV / Section 633.426
633.426 Disciplinary action; standards for revocation of certification.
Status: in_force

(1) For purposes of this section, the term: (a) “Certificate” means any of the certificates issued under s. 633.406. (b) “Certification” or “certified” means holding a certificate that is current and valid and that meets the requirements for renewal of certification pursuant to this chapter and the rules adopted under this chapter. (c) “Convicted” means a finding of guilt, or the acceptance of a plea of guilty or nolo contendere, in any federal or state court or a court in any other country, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the case.

(2) Effective July 1, 2013, an individual who holds a certificate is subject to revocation for any of the following: (a) Conviction of a misdemeanor relating to the certification or to perjury or false statements. (b) Conviction of a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States or of any state thereof, or under the law of any other country. (c) Dishonorable discharge from any of the Armed Forces of the United States.

(3)(a) The certification of an individual shall be permanently revoked if the individual is: 1. Convicted of a misdemeanor relating to perjury or false statement. 2. Convicted of a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States or of any state thereof, or under the law of any other country. 3. Dishonorably discharged from any of the Armed Forces of the United States. (b) For individuals who are certified before July 1, 2013: 1. This subsection applies prospectively to convictions or dishonorable discharges entered on or after July 1, 2013. 2. Section 633.351 as it existed before July 1, 2013, applies to convictions entered before July 1, 2013.

(4) The certification of an individual shall be revoked if evidence is found which demonstrates that the certification was improperly issued by the division or was issued on the basis of false, incorrect, incomplete, or misleading information, or that the individual has demonstrated a lack of moral fitness or trustworthiness to carry out the responsibilities under the individual’s certification.

(5) After investigation, if the division has reason to believe that an individual who is certified may have been convicted of a felony or of a misdemeanor related to perjury or false statement in this state or any other state or jurisdiction, the division may require the individual to submit fingerprints to the division with a current processing fee. The fingerprints shall be forwarded by the division to the Department of Law Enforcement for state processing and shall be forwarded by the Department of Law Enforcement to the Federal Bureau of Investigation for national processing.

History: s. 4, ch. 81-205; s. 12, ch. 84-243; s. 4, ch. 88-209; s. 25, ch. 89-233; s. 6, ch. 90-359; s. 15, ch. 93-276; s. 22, ch. 95-379; s. 436, ch. 97-102; s. 66, ch. 2013-183; s. 26, ch. 2016-132.