FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 719.109 — Florida Code / Title XL / Chapter 719 / Part I / Section 719.109
719.109 Right of owners to peaceably assemble.
Status: in_force

(1) All common areas and recreational facilities serving any cooperative shall be available to unit owners in the cooperative or cooperatives served thereby and their invited guests for the use intended for such common areas and recreational facilities. The entity or entities responsible for the operation of the common areas and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common areas and recreational facilities. No entity or entities shall unreasonably restrict any unit owner’s right to peaceably assemble or right to invite public officers or candidates for public office to appear and speak in common areas and recreational facilities.

(2) Any owner prevented from exercising rights guaranteed by subsection (1) may bring an action in the appropriate court of the county in which the alleged infringement occurred, and, upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any cooperative document or rule which operates to deprive the owner of such rights.

History: s. 2, ch. 77-222; s. 265, ch. 79-400; s. 10, ch. 81-185; s. 18, ch. 86-175.
Fla. Stat. § 456.43 — Florida Code / Title XXXII / Chapter 456 / Section 456.43
456.43 Electronic prescribing for medicinal drugs.
Status: in_force

(1) Electronic prescribing may not interfere with a patient’s freedom to choose a pharmacy.

(2) Electronic prescribing software may not use any means or permit any other person to use any means to influence or attempt to influence, through economic incentives or otherwise, the prescribing decision of a prescribing practitioner or his or her agent at the point of care, including, but not limited to, means such as advertising, instant messaging, pop-up ads, and similar means triggered by or in specific response to the input, selection, or act of a prescribing practitioner or his or her agent in prescribing a certain medicinal drug or directing a patient to a certain pharmacy. For purposes of this subsection, the term: (a) “Prescribing decision” means a prescribing practitioner’s or his or her agent’s decision to prescribe any medicinal drug. (b) “Point of care” means the time at which a prescribing practitioner or his or her agent prescribes any medicinal drug.

(3) Electronic prescribing software may display information regarding a payor’s formulary if nothing is designed to preclude or make more difficult the selection of any particular pharmacy by a patient or the selection of a certain medicinal drug by a prescribing practitioner or his or her agent.

History: s. 3, ch. 2006-271; s. 2, ch. 2019-112.
Fla. Stat. § 397.341 — Florida Code / Title XXIX / Chapter 397 / Part I / Section 397.341
397.341 Transportation of individuals by law enforcement officers.
Status: in_force

A law enforcement officer transporting an individual pursuant to this chapter shall restrain that individual in the least restrictive manner available and appropriate under the circumstances.

History: s. 3, ch. 2022-41.
Fla. Stat. § 253.511 — Florida Code / Title XVIII / Chapter 253 / Section 253.511
253.511 Reports by lessees of oil and mineral rights, state lands.
Status: in_force

(1) The Board of Trustees of the Internal Improvement Trust Fund shall require from each lessee of public land under s. 253.45, s. 253.47 or s. 253.51 an annual notarized report as to the status of operations on the land under lease. Such report shall include the number of holes drilled, the dates of drilling, the depth of drilling, and the results of the operation. Reports of mining operations shall also include the number of cubic yards mined. The notarized report of both mining or drilling operations shall include a financial report of moneys paid over to the state, if any. The board may require reasonable additional information, as may be necessary, for a better understanding of the operation under lease; provided, that this shall not be construed as authorizing the board to require any lessee to divulge information relating to its work product, trade secrets, or methods of operation not commonly shared with a leasing agency. Failure to submit the report required by this section within 90 days following the anniversary date of the respective lease may be grounds for revoking and setting aside any lease as to which such report should have been made.

(2) The report required by this section may be introduced in evidence in behalf of the state or any agency thereof in any court proceeding as prima facie evidence of the information contained therein.

History: s. 1, ch. 69-236; ss. 27, 35, ch. 69-106.
Fla. Stat. § 501.624 — Florida Code / Title XXXIII / Chapter 501 / Part IV / Section 501.624
501.624 Exempt businesses; burden of proof.
Status: in_force

In any civil proceeding alleging a violation of the provisions of this part, the burden of proving an exemption specified in s. 501.604 or that such person or entity is not otherwise subject to the provisions of this part is upon the person or entity claiming the exemption. In any criminal proceeding alleging a violation of the provisions of this part, the burden of producing evidence to support a defense based upon an exemption specified in s. 501.604 or that such person or entity is not subject to the provisions of this part is upon the person or entity claiming the defense.

History: ss. 1, 2, ch. 91-237; s. 4, ch. 91-429.
Fla. Stat. § 626.9641 — Florida Code / Title XXXVII / Chapter 626 / Part IX / Section 626.9641
626.9641 Policyholders, bill of rights.
Status: in_force

(1) The principles expressed in the following statements shall serve as standards to be followed by the department, commission, and office in exercising their powers and duties, in exercising administrative discretion, in dispensing administrative interpretations of the law, and in adopting rules: (a) Policyholders shall have the right to competitive pricing practices and marketing methods that enable them to determine the best value among comparable policies. (b) Policyholders shall have the right to obtain comprehensive coverage. (c) Policyholders shall have the right to insurance advertising and other selling approaches that provide accurate and balanced information on the benefits and limitations of a policy. (d) Policyholders shall have a right to an insurance company that is financially stable. (e) Policyholders shall have the right to be serviced by a competent, honest insurance agent or broker. (f) Policyholders shall have the right to a readable policy. (g) Policyholders shall have the right to an insurance company that provides an economic delivery of coverage and that tries to prevent losses. (h) Policyholders shall have the right to a balanced and positive regulation by the department, commission, and office.

(2) This section shall not be construed as creating a civil cause of action by any individual policyholder against any individual insurer.

History: s. 9, ch. 76-260; s. 807, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 1039, ch. 2003-261.
Fla. Stat. § 686.613 — Florida Code / Title XXXIX / Chapter 686 / Section 686.613
686.613 Remedies.
Status: in_force

(1) In addition to temporary, preliminary, or final injunctive relief as provided in s. 686.611(3)(c)1., any person who is aggrieved or injured in his or her business or property by reason of anything forbidden in ss. 686.601-686.614 may bring an action therefor in the appropriate circuit court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney’s fee.

(2) Without regard and in addition to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of ss. 686.601-686.614 may bring an action to obtain a declaratory judgment that an act, action, or practice violates such sections and to enjoin a manufacturer, distributor, wholesaler, or dealer who has violated, is violating, or is otherwise likely to violate such sections.

(3) When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including an action for injunctive relief.

(4) In an action for money damages, if a judge or jury finds that the defendant acted maliciously, the judge or jury may award punitive damages as permitted by state law.

(5) The Department of Legal Affairs or the state attorney, if a violation of ss. 686.601-686.614 occurs in his or her judicial circuit, may bring an action for injunctive or other appropriate civil relief for any violation of ss. 686.601-686.614.

(6) The remedies provided in this section are in addition to any other remedies provided by law or in equity.

History: s. 1, ch. 97-275; s. 54, ch. 99-7.
Fla. Stat. § 934.04 — Florida Code / Title XLVII / Chapter 934 / Section 934.04
934.04 Manufacture, distribution, or possession of wire, oral, or electronic communication intercepting devices prohibited.
Status: in_force

(1) Except as otherwise specifically provided in this chapter, any person who intentionally: (a) Sends through the mail or otherwise sends or carries any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the illegal interception of wire, oral, or electronic communications as specifically defined by this chapter; or (b) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the illegal interception of wire, oral, or electronic communications as specifically defined by this chapter; shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) It is not unlawful under this section for: (a) A provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of the business of providing that wire or electronic communication service; or (b) An officer, agent, or employee of, or a person under contract with, bidding upon contracts with, or in the course of doing business with, the United States, a state, or a political subdivision thereof, in the normal course of the activities of the United States, a state, or a political subdivision thereof, to send through the mail; send or carry in intrastate, interstate, or foreign commerce; or manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications.

History: s. 4, ch. 69-17; s. 1164, ch. 71-136; s. 3, ch. 88-184; s. 3, ch. 89-269.
Fla. Stat. § 316.2044 — Florida Code / Title XXIII / Chapter 316 / Section 316.2044
316.2044 Removal of injurious substances.
Status: in_force

(1) Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive or injurious material shall immediately remove the same or cause it to be removed.

(2) Any person removing a wrecked or damaged vehicle from a street or highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History: s. 1, ch. 71-135; s. 1, ch. 76-31; s. 158, ch. 99-248.
Fla. Stat. § 1012.801 — Florida Code / Title XLVIII / Chapter 1012 / Part IV / Section 1012.801
1012.801 Employees of the Board of Governors.
Status: in_force

Employees of the Board of Governors who were participating in the State University Optional Retirement Program prior to June 30, 2002, shall be eligible to continue such participation as long as they remain employees of the Board of Governors or a state university without a break in continuous service.

History: s. 765, ch. 2002-387; s. 163, ch. 2007-217.
Fla. Stat. § 421.49 — Florida Code / Title XXX / Chapter 421 / Part I / Section 421.49
421.49 Area of operation of housing authorities for defense housing.
Status: in_force

In the development or the administration of projects, under ss. 421.46-421.48, to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities or in otherwise carrying out the purposes of such law, or in the administration of such projects in accordance with the provisions of the housing authorities law, a housing authority of a city may exercise its powers within the territorial boundaries of said city and an area within 10 miles from said boundaries, excluding the area within the territorial boundaries of any other city which has heretofore established a housing authority.

History: s. 1, ch. 20249, 1941; s. 100, ch. 2007-5.
Fla. Stat. § 443.1118 — Florida Code / Title XXXI / Chapter 443 / Section 443.1118
443.1118 Employer-assisted claims.
Status: in_force

(1) DEFINITIONS. — For purposes of this section: (a) “Department” means the Department of Commerce. (b) “Employer-assisted claim” means an initial claim filed by an employer on behalf of its employees who are a part of a mass separation from the employer. (c) “Mass separation” means a full, partial, permanent, or temporary separation, including a temporary layoff, of full-time employees from their employer if the separation occurs at or around the same time, the employees are separated for the same reason, and the separation is due to circumstances for which the employees are not at fault. At a minimum, a mass separation involves 1,000 or more employees.

(2) EMPLOYER-ASSISTED CLAIM PROCESS. — (a) Initiation. — An employer that commences a mass separation may initiate an employer-assisted claim by submitting employee information to the department within 10 days after the date of the mass separation pursuant to rules adopted by the department. (b) Form of submission. — Due to the sensitive nature of employee information, an employer shall submit employee information through secure means approved by department rule. (c) Notice and affidavit. — For each employer-assisted claim, the employer shall give notice and instructions to the employees for which claims are filed and direct the employees to complete further steps as required by the department. The employer shall provide an attestation to the department in a form and format required by the department.

(3) EFFECTIVE DATE OF CLAIM. — The effective date of an employer-assisted claim is the Sunday immediately preceding the date on which the employer-assisted claim is received by the department.

(4) PAYMENTS. — Weeks of benefits paid to a claimant pursuant to an employer-assisted claim count toward the maximum benefits for which the claimant is eligible.

(5) CLAIMANT FILING REQUIREMENTS. — A claimant covered by an employer-assisted claim must file continued biweekly claims pursuant to department rule.

(6) CONSTRUCTION. — This section does not limit, alter, or amend a claimant’s rights under this chapter relating to a hearing if a claimant is denied a claim.

(7) RULEMAKING. — The department shall adopt rules establishing additional procedures for filing an employer-assisted claim and may adopt additional rules to administer this section.

History: s. 12, ch. 2021-25; s. 182, ch. 2024-6.
Fla. Stat. § 732.228 — Florida Code / Title XLII / Chapter 732 / Part II / Section 732.228
732.228 Uniformity of application and construction.
Status: in_force

Sections 732.216-732.228 are to be so applied and construed as to effectuate their general purpose to make uniform the law with respect to the subject of these sections among those states which enact them.

History: s. 15, ch. 92-200.
Fla. Stat. § 189.021 — Florida Code / Title XIII / Chapter 189 / Part II / Section 189.021
189.021 Refund of certain special assessments.
Status: in_force

If a dependent special district has levied assessments for an improvement or specialized function for which it was created; no bonds have been issued against which the special assessments are pledged; and the county or municipality which created the special district determines that the demand for the improvement or function no longer exists or the majority of the land against which the special assessments were authorized has been purchased by a tax-exempt governmental agency to be preserved for environmental purposes and which cannot receive the benefit for which the assessments were levied, unspent and unobligated moneys collected as assessments, along with any interest collected thereon, shall be refunded to the original payors of the assessments when the costs of distributing the refund do not exceed the amount available for refund. This section shall operate retroactively to January 1, 1987.

History: s. 12, ch. 97-255; s. 26, ch. 2014-22.
Fla. Stat. § 678.5091 — Florida Code / Title XXXIX / Chapter 678 / Part V / Section 678.5091
678.5091 Specification of duties of securities intermediary by other statute or regulation; manner of performance of duties of securities intermediary and exercise of rights of entitlement holder.
Status: in_force

(1) If the substance of a duty imposed upon a securities intermediary by ss. 678.5041-678.5081 is the subject of other statute, regulation, or rule, compliance with that statute, regulation, or rule satisfies the duty.

(2) To the extent that specific standards for the performance of the duties of a securities intermediary or the exercise of the rights of an entitlement holder are not specified by other statute, regulation, or rule or by agreement between the securities intermediary and entitlement holder, the securities intermediary shall perform its duties and the entitlement holder shall exercise its rights in a commercially reasonable manner.

(3) The obligation of a securities intermediary to perform the duties imposed by ss. 678.5041-678.5081 is subject to: (a) Rights of the securities intermediary arising out of a security interest under a security agreement with the entitlement holder or otherwise. (b) Rights of the securities intermediary under other law, regulation, rule, or agreement to withhold performance of its duties as a result of unfulfilled obligations of the entitlement holder to the securities intermediary.

(4) Sections 678.5041-678.5081 do not require a securities intermediary to take any action that is prohibited by other statute, regulation, or rule.

History: s. 5, ch. 98-11.
Fla. Stat. § 589.06 — Florida Code / Title XXXV / Chapter 589 / Section 589.06
589.06 Warrants for payment of accounts.
Status: in_force

Upon the presentation to the Chief Financial Officer of any accounts duly approved by the Florida Forest Service, accompanied by such itemized vouchers or accounts as shall be required by her or him, the Chief Financial Officer shall audit the same and draw a warrant for the amount for which the account is audited, payable out of funds to the credit of the Florida Forest Service.

History: s. 7, ch. 12283, 1927; CGL 4151(7); ss. 14, 35, ch. 69-106; s. 950, ch. 97-103; s. 740, ch. 2003-261; s. 27, ch. 2012-7.
Fla. Stat. § 680.401 — Florida Code / Title XXXIX / Chapter 680 / Part IV / Section 680.401
680.401 Insecurity: adequate assurance of performance.
Status: in_force

(1) A lease contract imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired.

(2) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable, the insecure party may suspend any performance for which she or he has not already received the agreed return.

(3) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not exceeding 30 days after receipt of a demand by the other party.

(4) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards.

(5) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.

History: s. 1, ch. 90-278; s. 713, ch. 97-102.
Fla. Stat. § 394.46715 — Florida Code / Title XXIX / Chapter 394 / Part I / Section 394.46715
394.46715 Rulemaking authority.
Status: in_force

The department may adopt rules to administer this part.

History: s. 10, ch. 2004-385; s. 84, ch. 2014-19; s. 14, ch. 2016-241.
Fla. Stat. § 560.1105 — Florida Code / Title XXXIII / Chapter 560 / Part I / Section 560.1105
560.1105 Records retention.
Status: in_force

Each licensee and its authorized vendors must maintain all books, accounts, documents, files, and information necessary for determining compliance with this chapter and related rules for 5 years unless a longer period is required by other state or federal law.

(1) The records required under this chapter may be maintained by the licensee at any location identified in its license application or by amendment to the application. The licensee must make such records available to the office for examination and investigation in this state within 3 business days after receipt of a written request.

(2) The original of any record of a licensee or authorized vendor includes a record stored or transmitted by electronic, computerized, mechanized, or other information storage or retrieval or transmission system or device that can generate, regenerate, or transmit the precise data or other information comprising the record. An original also includes the visible data or other information so generated, regenerated, or transmitted if it is legible or can be made legible by enlargement or other process.

(3) The commission may adopt rules to administer this section and ss. 560.211 and 560.310. In adopting rules, the commission shall take into consideration federal regulations, rulings, and guidance issued by an appropriate regulator.

(4) Any person who willfully fails to comply with this section or ss. 560.211 and 560.310 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History: s. 7, ch. 2008-177.
Fla. Stat. § 741.011 — Florida Code / Title XLIII / Chapter 741 / Section 741.011
741.011 Installment payments.
Status: in_force

An applicant for a marriage license who is unable to pay the fees required under s. 741.01 in a lump sum may make payment in not more than three installments over a period of 90 days. The clerk shall accept installment payments upon receipt of an affidavit that the applicant is unable to pay the fees in a lump-sum payment. Upon receipt of the third or final installment payment, the marriage license application shall be deemed filed, and the clerk shall issue the marriage license to the applicant and distribute the fees as provided in s. 741.01. In the event that the marriage license fee is paid in installments, the clerk shall retain $1 from the additional fee imposed pursuant to s. 741.01(3), as a processing fee.

History: s. 3, ch. 94-222; s. 12, ch. 2017-233.