FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 768.72 — Florida Code / Title XLV / Chapter 768 / Part II / Section 768.72
768.72 Pleading in civil actions; claim for punitive damages.
Status: in_force

(1) In any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. The claimant may move to amend her or his complaint to assert a claim for punitive damages as allowed by the rules of civil procedure. The rules of civil procedure shall be liberally construed so as to allow the claimant discovery of evidence which appears reasonably calculated to lead to admissible evidence on the issue of punitive damages. No discovery of financial worth shall proceed until after the pleading concerning punitive damages is permitted.

(2) A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence. As used in this section, the term: (a) “Intentional misconduct” means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage. (b) “Gross negligence” means that the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.

(3) In the case of an employer, principal, corporation, or other legal entity, punitive damages may be imposed for the conduct of an employee or agent only if the conduct of the employee or agent meets the criteria specified in subsection (2) and: (a) The employer, principal, corporation, or other legal entity actively and knowingly participated in such conduct; (b) The officers, directors, or managers of the employer, principal, corporation, or other legal entity knowingly condoned, ratified, or consented to such conduct; or (c) The employer, principal, corporation, or other legal entity engaged in conduct that constituted gross negligence and that contributed to the loss, damages, or injury suffered by the claimant.

(4) The provisions of this section shall be applied to all causes of action arising after the effective date of this act.

History: s. 51, ch. 86-160; s. 1172, ch. 97-102; s. 22, ch. 99-225.
Fla. Stat. § 945.6037 — Florida Code / Title XLVII / Chapter 945 / Section 945.6037
945.6037 Nonemergency health care; inmate copayments.
Status: in_force

(1)(a) For each nonemergency visit by an inmate to a health care provider which is initiated by the inmate, the inmate must make a copayment of $5. A copayment may not be charged for the required initial medical history and physical examination of the inmate. (b) The copayment for an inmate’s health care must be deducted from any existing balance in the inmate’s bank account. If the account balance is insufficient to cover the copayment, 50 percent of each deposit to the account must be withheld until the total amount owed has been paid. (c) The proceeds of each copayment must be deposited into the State-Operated Institutions Inmate Welfare Trust Fund pursuant to s. 945.215(1)(d) or into the General Revenue Fund as provided in s. 945.215(2)(b). (d) The department may waive all or part of the copayment for an inmate’s visit to a health care provider if the health care: 1. Is provided in connection with an extraordinary event that could not reasonably be foreseen, such as a disturbance or a natural disaster; 2. Is an institutionwide health care measure that is necessary to address the spread of specific infectious or contagious diseases; 3. Is provided under a contractual obligation that is established under the Interstate Corrections Compact or under an agreement with another jurisdiction which precludes assessing such a copayment; 4. Was initiated by the health care provider or consists of routine follow-up care; 5. Is initiated by the inmate to voluntarily request an HIV test; 6. Produces an outcome that requires medical action to protect staff or inmates from a communicable disease; or 7. When the inmate is referred to mental health evaluation or treatment by a correctional officer, correctional probation officer, or other person supervising an inmate worker.

(2) The department may provide by rule for a supplemental copayment for a medical consultation relating to an inmate’s health care and occurring outside the prison or for a prosthetic device for an inmate. The supplemental copayment must be used to defray all or part of the security costs associated with the surveillance and transport of the inmate to the outside consultation or with the fitting and maintenance of the prosthetic device. The proceeds of each supplemental copayment must be deposited into the General Revenue Fund.

(3)(a) An inmate may not be denied access to health care as a result of not paying any copayment or supplemental copayment that is provided for in this section. (b) An inmate must not be given preferential access to health care as a result of paying any copayment or supplemental copayment that is provided for in this section. (c) The expenses and operating capital outlay required to develop, implement, and maintain the medical copayment accounting system must be appropriated by the Legislature.

History: s. 7, ch. 94-273; s. 33, ch. 95-283; s. 7, ch. 97-260; s. 12, ch. 2003-179; s. 6, ch. 2009-63; s. 2, ch. 2023-244.
Fla. Stat. § 668.705 — Florida Code / Title XXXIX / Chapter 668 / Part IV / Section 668.705
668.705 Exemptions.
Status: in_force

(1) This part does not apply to a telecommunications provider’s or Internet service provider’s good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information.

(2) A provider of an interactive computer service is not liable under the laws of this state for removing or disabling access to content that resides on an Internet website or other online location controlled or operated by such provider if such provider believes in good faith that the content is used to engage in a violation of this part.

History: s. 5, ch. 2006-232.
Fla. Stat. § 298.48 — Florida Code / Title XXI / Chapter 298 / Section 298.48
298.48 Sale of bonds and disposition of proceeds.
Status: in_force

The bonds shall not be sold for less than 95 cents on the dollar, with accrued interest, shall show on their face the purpose for which they are issued, and shall be payable out of money derived from the aforesaid taxes. The said treasurer shall promptly report all sales of bonds to the board of supervisors, which board shall at reasonable times thereafter, prepare and issue warrants in substantially the forms provided in s. 298.17 for the payment of the maturing bonds so sold and the interest payments coming due on all bonds sold. Each of said warrants shall specify what bonds and accruing interest it is to pay, and the said treasurer shall place sufficient funds at the place of payment to pay the maturing bonds and coupons when due, as well as a reasonable compensation to the bank or trust company for paying same. The successor in office of any such treasurer shall not be entitled to said bonds or the proceeds thereof until the successor shall have complied with all the foregoing provisions applicable to his or her predecessor in office. The funds derived from the sale of said bonds or any of them shall be used for the purpose of paying the cost of the drainage works and improvements and such costs, expenses, fees, and salaries as may be authorized by law and used for no other purpose.

History: s. 41, ch. 6458, 1913; RGS 1138; s. 1, ch. 9129, 1923; s. 3, ch. 12040, 1927; CGL 1493; s. 271, ch. 95-148.
Fla. Stat. § 328.045 — Florida Code / Title XXIV / Chapter 328 / Part I / Section 328.045
328.045 Title brands.
Status: in_force

(1) Unless subsection (3) applies, at or before the time the owner of record transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title created by the department, if the damage occurred while that person was an owner of the vessel and the person has notice of the damage at the time of the transfer, the owner shall: (a) Deliver to the department an application for a new certificate that complies with s. 328.01 and includes the title brand designation “Hull Damaged”; or (b) Indicate on the certificate in the place designated for that purpose that the vessel is hull damaged and deliver the certificate to the transferee.

(2) Not later than 30 days after delivery of the application under paragraph (1)(a) or the certificate of title under paragraph (1)(b), the department shall create a new certificate that indicates that the vessel is branded “Hull Damaged.”

(3) Before an insurer transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title created by the department, the insurer shall deliver to the department an application for a new certificate that complies with s. 328.01 and includes the title brand designation “Hull Damaged.” Not later than 30 days after delivery of the application to the department, the department shall create a new certificate that indicates that the vessel is branded “Hull Damaged.”

(4) An owner of record who fails to comply with subsection (1), a person who solicits or colludes in a failure by an owner of record to comply with subsection (1), or an insurer that fails to comply with subsection (3) commits a noncriminal infraction under s. 327.73(1) for which the penalty is $5,000 for the first offense, $15,000 for a second offense, and $25,000 for each subsequent offense.

History: s. 8, ch. 2019-76.
Fla. Stat. § 180.20 — Florida Code / Title XII / Chapter 180 / Section 180.20
180.20 Regulations by private companies; rates; contracts.
Status: in_force

Whenever any private company or corporation organized for the accomplishment of the purposes of this chapter is granted a privilege or franchise by a municipality, it may prescribe the terms upon which owners and occupants of houses, buildings or lots may obtain the use of the utility constructed and operated by the said private company or corporation, and the rate charged for such use, and also the rate and terms upon which the municipality may use such utility for public purposes; such rates, however, shall be subject to the approval of the city council, or other legislative body of the municipality, by whatever name known; provided, however, that the municipality may contract with the said private company or corporation to pay the said company or corporation a flat or fixed rate for such service and use of the utility and may pay out of the general revenue or any special revenue such rate as agreed.

History: s. 14, ch. 17118, 1935; CGL 1936 Supp. 3100(19).
Fla. Stat. § 55.502 — Florida Code / Title VI / Chapter 55 / Section 55.502
55.502 Construction of act.
Status: in_force

(1) As used in ss. 55.501-55.509, the term “foreign judgment” means a judgment, decree, or order of a court of any other state, territory or commonwealth of the United States, or of the United States if such judgment, decree, or order is entitled to full faith and credit in this state.

(2) This act shall not be construed to impair the right of a judgment creditor to bring an action to enforce his or her judgment instead of proceeding under this act.

(3) This act shall be interpreted and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

(4) Nothing contained in this act shall be construed to alter, modify, or extend the limitation period applicable for the enforcement of foreign judgments.

History: ss. 2, 8, ch. 84-5; s. 16, ch. 94-348; s. 1358, ch. 95-147; s. 2, ch. 2013-164.
Fla. Stat. § 171.206 — Florida Code / Title XII / Chapter 171 / Part II / Section 171.206
171.206 Effect of interlocal service boundary area agreement on annexations.
Status: in_force

(1) An interlocal service boundary agreement is binding on the parties to the agreement, and a party may not take any action that violates the interlocal service boundary agreement.

(2) Notwithstanding part I, without consent of the county and the affected municipality by resolution, a county or an invited municipality may not take any action that violates the interlocal service boundary agreement.

(3) If the independent special district that participated in the negotiation process pursuant to s. 171.203(2)(d) does not consent to the interlocal service boundary agreement and a municipality annexes an area within the independent special district, the independent special district may seek compensation using the process in s. 171.093.

History: s. 1, ch. 2006-218.
Fla. Stat. § 185.01 — Florida Code / Title XII / Chapter 185 / Section 185.01
185.01 Legislative declaration.
Status: in_force

(1) It is hereby found and declared by the Legislature that police officers as hereinafter defined perform both state and municipal functions; that they make arrests for violations of state traffic laws on public highways; that they keep the public peace; that they conserve both life and property; and that their activities are vital to public welfare of this state. Therefore the Legislature declares that it is a proper and legitimate state purpose to provide a uniform retirement system for the benefit of police officers as hereinafter defined and intends, in implementing the provisions of s. 14, Art. X of the State Constitution as they relate to municipal police officers’ retirement trust fund systems and plans, that such retirement systems or plans be managed, administered, operated, and funded in such manner as to maximize the protection of police officers’ retirement trust funds. Therefore, the Legislature hereby determines and declares that the provisions of this act fulfill an important state interest.

(2) This chapter hereby establishes, for all municipal pension plans provided for under this chapter, including chapter plans and local law plans, minimum benefits and minimum standards for the operation and funding of such plans, hereinafter referred to as municipal police officers’ retirement trust funds, which must be met as conditions precedent to the plan or plan sponsor’s receiving a distribution of insurance premium tax revenues under s. 185.10. Minimum benefits and minimum standards for each plan may not be diminished by local ordinance or by special act of the Legislature and may not be reduced or offset by any other local, state, or federal plan that includes police officers in its operation, except as provided under s. 112.65.

History: s. 1, ch. 28230, 1953; s. 1, ch. 86-42; s. 41, ch. 99-1; s. 8, ch. 2015-39.
Fla. Stat. § 839.24 — Florida Code / Title XLVI / Chapter 839 / Section 839.24
839.24 Penalty for failure to perform duty required of officer.
Status: in_force

A sheriff, county court judge, prosecuting officer, court reporter, stenographer, interpreter, or other officer required to perform any duty under the criminal procedure law who willfully fails to perform his or her duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History: s. 317, ch. 19554, 1939; CGL 1940 Supp. 8663(330); s. 176, ch. 70-339; s. 1033, ch. 71-136; s. 32, ch. 73-334; s. 1, ch. 77-119; s. 1332, ch. 97-102.
Fla. Stat. § 641.221 — Florida Code / Title XXXVII / Chapter 641 / Part I / Section 641.221
641.221 Continued eligibility for certificate of authority.
Status: in_force

(1) In order to maintain its eligibility for a certificate of authority, a health maintenance organization shall continue to meet all conditions required to be met under this part and the rules promulgated thereunder for the initial application for and issuance of its certificate of authority under s. 641.22.

(2) In order to maintain eligibility for a certificate of authority, a health maintenance organization authorized under the Florida Insurance Code to exclusively market, sell, or offer to sell Medicare Advantage plans in this state shall be actively engaged in managed care within 24 months after licensure, shall designate and maintain at least one primary anti-fraud employee, and shall adopt an anti-fraud plan. The Office of Insurance Regulation may extend the period of eligibility upon written request.

History: ss. 10, 47, ch. 85-177; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 3, ch. 2017-178.
Fla. Stat. § 669.103 — Florida Code / Title XXXIX / Chapter 669 / Part I / Section 669.103
669.103 Relation to chapter 679 and consumer laws.
Status: in_force

(1) If there is conflict between this part and chapter 679, chapter 679 governs.

(2) A transaction subject to this part is subject to any applicable rule of law that establishes a different rule for consumers; any other law or regulation that regulates the rates, charges, agreements, and practices for loans, credit sales, or other extensions of credit; and chapter 501.

History: s. 5, ch. 2025-92.
Fla. Stat. § 790.256 — Florida Code / Title XLVI / Chapter 790 / Section 790.256
790.256 Public service announcements.
Status: in_force

The Department of Health shall prepare public service announcements for dissemination to parents throughout the state, of the provisions of chapter 93-416, Laws of Florida.

History: s. 9, ch. 93-416; s. 295, ch. 99-8.
Fla. Stat. § 74.091 — Florida Code / Title VI / Chapter 74 / Section 74.091
74.091 Effect of failure to pay final judgment.
Status: in_force

Where an order of taking has been entered and deposit made, the failure of the petitioner to pay into the court the compensation ascertained by the jury shall not invalidate said judgment or the title of the petitioner, and such failure shall not authorize any person to molest, interfere with, enter or trespass upon said property; provided, however, persons lawfully entitled to compensation may sue out execution, in the event a timely appeal has not been filed, and such execution may be levied upon the property so condemned and any other property of the petitioner in the same manner as executions are levied in common-law actions.

History: s. 4, ch. 65-369.
Fla. Stat. § 393.0675 — Florida Code / Title XXIX / Chapter 393 / Section 393.0675
393.0675 Injunctive proceedings authorized.
Status: in_force

(1) The agency may institute injunctive proceedings in a court of competent jurisdiction to: (a) Enforce the provisions of this chapter or any minimum standard, rule, regulation, or order issued or entered pursuant thereto; or (b) Terminate the operation of facilities licensed pursuant to this chapter when any of the following conditions exist: 1. Failure by the facility to take preventive or corrective measures in accordance with any order of the agency. 2. Failure by the facility to abide by any final order of the agency once it has become effective and binding. 3. Any violation by the facility constituting an emergency requiring immediate action as provided in s. 393.0673.

(2) Such injunctive relief may include temporary and permanent injunctions.

(3) The agency may institute proceedings for an injunction in a court of competent jurisdiction to terminate the operation of a provider of supports or services if such provider has willfully and knowingly refused to comply with the screening requirement for direct service providers or has refused to terminate direct service providers found not to be in compliance with such requirements.

History: s. 12, ch. 83-230; s. 43, ch. 85-81; s. 9, ch. 87-238; s. 13, ch. 89-308; s. 12, ch. 94-154; s. 86, ch. 99-8; s. 103, ch. 2004-267; s. 22, ch. 2006-227.
Fla. Stat. § 636.054 — Florida Code / Title XXXVII / Chapter 636 / Part I / Section 636.054
636.054 Payment of judgment by prepaid limited health service organization.
Status: in_force

Except as otherwise ordered by the court or as mutually agreed upon by the parties, every judgment or decree entered in any court against any prepaid limited health service organization for the recovery of money must be fully satisfied within 60 days after the entry thereof, or, in the case of an appeal from such judgment or decree, within 60 days after the affirmance of the judgment or decree by the appellate court.

History: s. 43, ch. 93-148.
Fla. Stat. § 619.03 — Florida Code / Title XXXVI / Chapter 619 / Section 619.03
619.03 Prohibitions; membership; assignment.
Status: in_force

Such associations shall not have a capital stock, and its business shall not be carried on for profit. Any person, or any number of persons, in addition to the original incorporators, may become members of such association, upon such terms and conditions as to membership and subject to such rules and regulations as to their, and each of their, contract and other rights and liabilities between it and the member, as the said association shall provide in its bylaws. The association shall issue a certificate of membership to each member but the said membership, or the said certificate thereof, shall not be assigned by a member to any other person, nor shall the assigns thereof be entitled to membership in the association or to any property rights or interest therein. Nor shall a purchaser at execution sale, or any other person who may succeed, by operation of law or otherwise, to the property interests of a member, be entitled to membership or become a member of the association by virtue of such transfer. The board of directors may, however, by motion duly adopted by it, consent to such assignment or transfer and to the acceptance of the assignee or transferee as a member of the association, but the association may, by its bylaws, provide for or against the transfer of membership and for or against the assignment of membership certificates, and also the terms and conditions upon which any such transfer or assignment shall be allowed.

History: s. 2, ch. 5958, 1909; RGS 4511; CGL 6510.
Fla. Stat. § 55.503 — Florida Code / Title VI / Chapter 55 / Section 55.503
55.503 Recording and status of foreign judgments; fees.
Status: in_force

(1) A copy of any foreign judgment certified in accordance with the laws of the United States or of this state may be recorded in the office of the clerk of the circuit court of any county. The clerk shall file, record, and index the foreign judgment in the same manner as a judgment of a circuit or county court of this state. A judgment so recorded shall have the same effect and shall be subject to the same rules of civil procedure, legal and equitable defenses, and proceedings for reopening, vacating, or staying judgments, and it may be enforced, released, or satisfied, as a judgment of a circuit or county court of this state.

(2) Any person recording a foreign judgment shall pay to the clerk of the circuit court a service charge as is required for the recording of an original action demanding the relief or judgment granted in the foreign judgment.

History: ss. 3, 7, ch. 84-5.
Fla. Stat. § 618.08 — Florida Code / Title XXXVI / Chapter 618 / Section 618.08
618.08 Corporations may mortgage farm supplies.
Status: in_force

A mortgage, executed by a cooperative association, may cover its stock of farm supplies, changing in specifics, which stock mortgagor is permitted to retain in its possession and sell in the usual course of business. The lien of such mortgage shall be lost on all farm supplies sold up to the time of foreclosure, and shall attach to the farm supplies acquired to replenish the stock. No such mortgage shall be invalid as to creditors of the mortgagor because the mortgagor is permitted to retain possession and sell such mortgaged property in the usual course of business; provided, the mortgagor replenishes such property from the proceeds of sale or applies such proceeds in payment of the mortgage debt. In all other respects the laws relating to chattel mortgages shall be applicable to such mortgages.

History: ss. 1, 2, ch. 17111, 1935; CGL 1936 Supp. 6471(1); s. 1, ch. 99-3.