FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 408.0455 — Florida Code / Title XXIX / Chapter 408 / Part I / Section 408.0455
408.0455 Rules; pending proceedings.
Status: in_force

The rules of the agency in effect on June 30, 2004, shall remain in effect and shall be enforceable by the agency with respect to ss. 408.031-408.045 until such rules are repealed or amended by the agency. Rules 59C-1.039 through 59C-1.044, Florida Administrative Code, remain in effect for the sole purpose of maintaining licensure requirements for the applicable services until the agency has adopted rules for the corresponding services pursuant to s. 395.1055(1)(i), Florida Statutes 2018.

History: s. 38, ch. 87-92; s. 19, ch. 92-33; s. 74, ch. 92-289; s. 19, ch. 97-79; s. 4, ch. 97-98; s. 9, ch. 97-270; s. 12, ch. 2004-383; s. 19, ch. 2019-136.
Fla. Stat. § 617.0505 — Florida Code / Title XXXVI / Chapter 617 / Section 617.0505
617.0505 Distributions; exceptions.
Status: in_force

Except as authorized in s. 617.1302, a corporation may not make distributions to its members, directors, or officers.

(1) A mutual benefit corporation, such as a private club that is established for social, pleasure, or recreational purposes and that is organized as a corporation of which the equity interests are held by the members, may, subject to s. 617.1302, purchase the equity membership interest of any member, and the payment for such interest is not a distribution for purposes of this section.

(2) A corporation may pay compensation in a reasonable amount to its members, directors, or officers for services rendered, may confer benefits upon its members in conformity with its purposes, and, upon dissolution or final liquidation, may make distributions to its members as permitted by this chapter.

(3) If expressly permitted by its articles of incorporation, a corporation may make distributions upon partial liquidation to its members, as permitted by this section. Any such payment, benefit, or distribution does not constitute a dividend or a distribution of income or profit for purposes of this section.

(4) A corporation that is a utility exempt from regulation under s. 367.022(7), whose articles of incorporation state that it is exempt from taxation under s. 501(c)(12) of the Internal Revenue Code, may make refunds to its members, prior to a dissolution or liquidation, as its managing board deems necessary to establish or preserve its tax-exempt status. Any such refund does not constitute a dividend or a distribution of income or profit for purposes of this section.

(5) A corporation that is regulated by chapter 718, chapter 719, chapter 720, chapter 721, or chapter 723, or a corporation where membership in such corporation is required pursuant to a document recorded in the county property records, may make refunds to its members, giving credits to its members, disbursing insurance proceeds to its members, or disbursing or paying settlements to its members without violating this section.

History: s. 33, ch. 90-179; s. 2, ch. 96-343; s. 15, ch. 2005-267; s. 15, ch. 2009-205.
Fla. Stat. § 468.358 — Florida Code / Title XXXII / Chapter 468 / Part V / Section 468.358
468.358 Licensure by endorsement.
Status: in_force

(1) Licensure as a certified respiratory therapist shall be granted by endorsement to an individual who holds the “Certified Respiratory Therapist” credential issued by the National Board for Respiratory Care or an equivalent credential acceptable to the board. Licensure by this mechanism requires verification by oath and submission of evidence satisfactory to the board that such credential is held.

(2) Licensure as a registered respiratory therapist shall be granted by endorsement to an individual who holds the “Registered Respiratory Therapist” credential issued by the National Board for Respiratory Care or an equivalent credential acceptable to the board. Licensure by this mechanism requires verification by oath and submission of evidence satisfactory to the board that such credential is held.

(3) An individual who has been granted licensure, certification, registration, or other authority, by whatever name known, to deliver respiratory care services in another state or country may petition the board for consideration for licensure in this state and, upon verification by oath and submission of evidence of licensure, certification, registration, or other authority acceptable to the board, may be granted licensure by endorsement.

(4) Applicants for licensure by endorsement under this section must submit a proper application, remit the requisite application fee, and submit to background screening in accordance with s. 456.0135.

History: ss. 1, 3, ch. 84-252; s. 6, ch. 86-60; s. 4, ch. 91-429; s. 135, ch. 97-264; s. 112, ch. 2001-277; s. 22, ch. 2024-243.
Fla. Stat. § 719.402 — Florida Code / Title XL / Chapter 719 / Part IV / Section 719.402
719.402 Conversion of existing improvements to cooperative.
Status: in_force

A developer may create a cooperative by converting existing, previously occupied improvements to such ownership by complying with parts I and VI of this chapter.

History: s. 2, ch. 76-222; s. 10, ch. 79-284; s. 9, ch. 80-3.
Fla. Stat. § 668.605 — Florida Code / Title XXXIX / Chapter 668 / Part III / Section 668.605
668.605 Confidentiality of intelligence or investigation information.
Status: in_force

This part does not contravene the provisions of s. 501.2065, which provide for maintaining the confidential status of certain information.

History: s. 1, ch. 2004-233.
Fla. Stat. § 495.091 — Florida Code / Title XXXIII / Chapter 495 / Section 495.091
495.091 Records.
Status: in_force

The department shall keep for public examination a record of all marks registered or renewed under this chapter, including all documents recorded under s. 495.081.

History: s. 1, ch. 67-58; ss. 10, 35, ch. 69-106; s. 11, ch. 2006-191.
Fla. Stat. § 794.02 — Florida Code / Title XLVI / Chapter 794 / Section 794.02
794.02 Common-law presumption relating to age abolished.
Status: in_force

The common-law rule “that a boy under 14 years of age is conclusively presumed to be incapable of committing the crime of rape” shall not be in force in this state.

History: s. 1, ch. 4964, 1901; GS 3222; RGS 5052; CGL 7154; s. 2, ch. 74-121.
Fla. Stat. § 466.015 — Florida Code / Title XXXII / Chapter 466 / Section 466.015
466.015 Inactive status.
Status: in_force

(1) The board shall adopt rules relating to application procedures for inactive status, to the renewal of inactive licenses, and to the reactivation of licenses. The board shall prescribe by rule an application fee for inactive status, a biennial renewal fee for inactive status, a delinquency fee, and a fee for the reactivation of a license. None of these fees may exceed the biennial renewal fee established by the board for an active license.

(2) The department shall not reactivate a license unless the inactive or delinquent licensee has paid any applicable biennial renewal or delinquency fee, or both, and a reactivation fee.

History: ss. 1, 3, ch. 79-330; s. 327, ch. 81-259; ss. 2, 3, ch. 81-318; s. 101, ch. 83-329; ss. 9, 23, 24, ch. 86-291; s. 60, ch. 91-137; s. 7, ch. 91-156; s. 4, ch. 91-429; s. 181, ch. 94-119.
Fla. Stat. § 88.7131 — Florida Code / Title VI / Chapter 88 / Part VII / Section 88.7131
88.7131 Record in original language; English translation.
Status: in_force

A record filed with a tribunal of this state under this part must be in the original language and, if not in English, must be accompanied by an English translation.

History: s. 71, ch. 2011-92.
Fla. Stat. § 943.367 — Florida Code / Title XLVII / Chapter 943 / Section 943.367
943.367 Administrative Trust Fund.
Status: in_force

(1) The Administrative Trust Fund is created within the Department of Law Enforcement.

(2) The fund is established for use as a depository for funds to be used for management activities that are departmentwide in nature and funded by indirect cost earnings or assessments against trust funds. Moneys to be credited to the trust fund include indirect cost reimbursements from grantors, administrative assessments against trust funds, interest earnings, and other appropriate administrative fees.

(3) Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

History: s. 1, ch. 2006-21; s. 2, ch. 2009-26.
Fla. Stat. § 527.13 — Florida Code / Title XXXIII / Chapter 527 / Section 527.13
527.13 Administrative fines and warning letters.
Status: in_force

(1) If a person violates this chapter or any rule adopted under this chapter or a cease and desist order, the department may impose civil or administrative penalties in the Class II category pursuant to s. 570.971 not to exceed $3,000 for each offense, suspend or revoke the license or qualification issued to such person, or any of the foregoing. The cost of the proceedings to enforce this chapter may be added to any penalty imposed. The department may allow the licensee a reasonable period, not to exceed 90 days, within which to pay to the department the amount of the penalty so imposed. If the licensee fails to pay the penalty in its entirety to the department at its office at Tallahassee within the period so allowed, the licenses of the licensee shall stand revoked upon expiration of such period.

(2) If any license expires while administrative charges are pending against the license, the proceedings against the license shall continue to conclusion as if the license were still in effect.

(3) In lieu of an administrative or civil penalty in subsection (1) of this section, the department may issue a warning letter to the licenseholder, master qualifier, qualifier, or any person for a first violation.

(4) All such fines, monetary penalties, and costs received by the department shall be deposited in the General Inspection Trust Fund for the purpose of administering the provisions of this chapter.

History: s. 3, ch. 57-174; s. 1, ch. 61-158; s. 2, ch. 61-119; ss. 13, 35, ch. 69-106; s. 3, ch. 73-286; s. 2, ch. 74-296; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 78-95; ss. 13, 18, 19, ch. 81-175; ss. 2, 3, ch. 81-318; ss. 1, 2, ch. 82-6; s. 8, ch. 86-69; ss. 2, 3, ch. 87-34; s. 10, ch. 90-215; s. 4, ch. 91-429; s. 5, ch. 93-248; s. 9, ch. 94-335; s. 7, ch. 2003-132; s. 52, ch. 2014-150.
Fla. Stat. § 1003.051 — Florida Code / Title XLVIII / Chapter 1003 / Part I / Section 1003.051
1003.051 Purple Star Campuses.
Status: in_force

(1) As used in this section, the term “military student” means a student who is: (a) Enrolled in a school district, charter school, or any school or educational institution participating in an educational choice scholarship program established pursuant to chapter 1002; and (b) A dependent of a current member of the United States military serving on active duty in, or a former member of, the Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard; a reserve component of any branch of the United States military; or the Florida National Guard.

(2)(a) The Department of Education shall establish the Purple Star Campus program. At a minimum, the program must require a participating school to: 1. Designate a staff member as a military liaison. 2. Maintain a web page on the school’s website which includes resources for military students and their families. 3. Maintain a student-led transition program that assists military students in transitioning into the school. 4. Offer professional learning training opportunities for staff members on issues relating to military students. 5. Reserve at least 5 percent of controlled open enrollment seats for military students. (b) The department may establish additional criteria to identify schools that demonstrate a commitment to or provide critical transition supports for military-connected families, such as hosting an annual military recognition event, partnering with a school liaison officer from a military installation, supporting projects that connect the school with the military community, and providing outreach for military parents and their children.

(3) A school may partner with a school district to procure digital, professional learning, or other assistance necessary for the school to meet the criteria specified in subsection (2).

(4) The State Board of Education shall adopt rules to implement this section.

History: s. 1, ch. 2021-65; s. 23, ch. 2022-183; s. 15, ch. 2024-5.
Fla. Stat. § 679.335 — Florida Code / Title XXXIX / Chapter 679 / Part III / Section 679.335
679.335 Accessions.
Status: in_force

(1) A security interest may be created in an accession and continues in collateral that becomes an accession.

(2) If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral.

(3) Except as otherwise provided in subsection (4), the other provisions of this part determine the priority of a security interest in an accession.

(4) A security interest in an accession is subordinate to a security interest in the whole which is perfected by compliance with the requirements of a certificate-of-title statute under s. 679.3111(2).

(5) After default, subject to part VI, a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole.

(6) A secured party that removes an accession from other goods under subsection (5) shall promptly reimburse any holder of a security interest or other lien on, or owner of, the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the holder or owner for any diminution in value of the whole or the other goods caused by the absence of the accession removed or by any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.

History: s. 3, ch. 2001-198.
Fla. Stat. § 265.2863 — Florida Code / Title XVIII / Chapter 265 / Section 265.2863
265.2863 State Poet Laureate.
Status: in_force

(1) The honorary position of State Poet Laureate is created within the Department of State.

(2) The Florida Council on Arts and Culture, in accordance with procedures adopted by the department, shall solicit and accept nominations for appointment as the State Poet Laureate. The council shall solicit nominations from a broad array of literary sources and members of the public. (a) The council shall recommend at least five nominees to the Secretary of State, each of whom must be: 1. A permanent resident of this state; 2. A public literary poet who has significant standing inside and outside the state; and 3. Willing and physically able to perform the duties of the State Poet Laureate as prescribed by the department, which may include, but are not limited to, engaging in outreach and mentoring for the benefit of schools and communities throughout the state and performing readings of his or her own poetry, as requested. (b) From among the nominees recommended by the council, the Secretary of State shall submit three nominees to the Governor, who shall appoint one nominee as the State Poet Laureate.

(3) The State Poet Laureate shall serve a term of 4 years. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

(4) Each of the state’s poets laureate appointed before July 1, 2014, and each State Poet Laureate appointed under this section shall be designated a State Poet Laureate Emeritus or State Poet Laureate Emerita in recognition of his or her service to the state upon the appointment of his or her successor.

(5) The State Poet Laureate and each State Poet Laureate Emeritus or State Poet Laureate Emerita shall serve without compensation.

(6) The department may adopt rules to administer this section.

History: s. 2, ch. 2014-203.
Fla. Stat. § 338.237 — Florida Code / Title XXVI / Chapter 338 / Section 338.237
338.237 Municipal signs on the turnpike system rights-of-way; limitations.
Status: in_force

Any incorporated municipality may maintain signboards along and upon the right-of-way of the turnpike system constructed hereunder, provided such signs meet the specifications as to location, frequency, construction, and design which are prescribed by the department. Any such signboard shall not advertise any private industry, business, or attraction, but shall advertise only the community or area placing such board upon the turnpike project.

History: s. 1-B, ch. 29634, 1955; ss. 23, 35, ch. 69-106; s. 1, ch. 77-174; s. 200, ch. 84-309; s. 13, ch. 88-286.
Fla. Stat. § 403.532 — Florida Code / Title XXIX / Chapter 403 / Part II / Section 403.532
403.532 Revocation or suspension of certification.
Status: in_force

Any certification may be revoked or suspended:

(1) For any material false statement in the application or in the supplemental or additional statements of fact or studies required of the applicant when a true answer would have warranted the board’s refusal to recommend a certification in the first instance.

(2) For failure to comply with the terms or conditions of the certification.

(3) For violation of the provisions of this act or rules or orders issued hereunder.

History: s. 1, ch. 80-65.
Fla. Stat. § 497.366 — Florida Code / Title XXXIII / Chapter 497 / Part III / Section 497.366
497.366 Licensure; renewal and cancellation notices.
Status: in_force

(1) At least 90 days before the end of a licensure cycle, the licensing authority shall: (a) Forward a licensure renewal notification to an active or inactive licensee at the licensee’s last known address of record with the licensing authority. (b) Forward a notice of pending cancellation of licensure to a delinquent status licensee at the licensee’s last known address of record with the licensing authority.

(2) Each licensure renewal notification and each notice of pending cancellation of licensure must state conspicuously that a licensee who remains on inactive status for more than 4 years and who wishes to reactivate the license may be required to demonstrate the competency to resume active practice by sitting for a special purpose examination or by completing other reactivation requirements, as defined by rule of the licensing authority.

(3) This section shall apply only to licensees licensed under this part.

History: s. 71, ch. 2004-301.
Fla. Stat. § 765.202 — Florida Code / Title XLIV / Chapter 765 / Part II / Section 765.202
765.202 Designation of a health care surrogate.
Status: in_force

(1) A written document designating a surrogate to make health care decisions for a principal or receive health information on behalf of a principal, or both, shall be signed by the principal in the presence of two subscribing adult witnesses. A principal unable to sign the instrument may, in the presence of witnesses, direct that another person sign the principal’s name as required herein. An exact copy of the instrument shall be provided to the surrogate.

(2) The person designated as surrogate shall not act as witness to the execution of the document designating the health care surrogate. At least one person who acts as a witness shall be neither the principal’s spouse nor blood relative.

(3) A document designating a health care surrogate may also designate an alternate surrogate provided the designation is explicit. The alternate surrogate may assume his or her duties as surrogate for the principal if the original surrogate is not willing, able, or reasonably available to perform his or her duties. The principal’s failure to designate an alternate surrogate shall not invalidate the designation of a surrogate.

(4) If neither the designated surrogate nor the designated alternate surrogate is willing, able, or reasonably available to make health care decisions on behalf of the principal and in accordance with the principal’s instructions, the health care facility may seek the appointment of a proxy pursuant to part IV.

(5) A principal may designate a separate surrogate to consent to mental health treatment in the event that the principal is determined by a court to be incompetent to consent to mental health treatment and a guardian advocate is appointed as provided under s. 394.4598. However, unless the document designating the health care surrogate expressly states otherwise, the court shall assume that the health care surrogate authorized to make health care decisions under this chapter is also the principal’s choice to make decisions regarding mental health treatment.

(6) A principal may stipulate in the document that the authority of the surrogate to receive health information or make health care decisions, or both, is exercisable immediately without the necessity for a determination of incapacity as provided in s. 765.204.

(7) Unless the document states a time of termination, the designation shall remain in effect until revoked by the principal.

(8) A written designation of a health care surrogate executed pursuant to this section establishes a rebuttable presumption of clear and convincing evidence of the principal’s designation of the surrogate.

History: s. 3, ch. 92-199; s. 8, ch. 94-183; s. 49, ch. 96-169; s. 1797, ch. 97-102; s. 8, ch. 2015-153.
Fla. Stat. § 445.001 — Florida Code / Title XXXI / Chapter 445 / Section 445.001
445.001 Short title.
Status: in_force

This chapter may be cited as the “Workforce Innovation Act of 2000.”

History: s. 1, ch. 2000-165.
Fla. Stat. § 672.311 — Florida Code / Title XXXIX / Chapter 672 / Part III / Section 672.311
672.311 Options and cooperation respecting performance.
Status: in_force

(1) An agreement for sale which is otherwise sufficiently definite (s. 672.204(3)) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness.

(2) Unless otherwise agreed specifications relating to assortment of the goods are at the buyer’s option and except as otherwise provided in s. 672.319(1)(c) and (3) specifications or arrangements relating to shipment are at the seller’s option.

(3) Where such specification would materially affect the other party’s performance but is not seasonably made or where one party’s cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies: (a) Is excused for any resulting delay in his or her own performance; and (b) May also either proceed to perform in any reasonable manner or after the time for a material part of his or her own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.

History: s. 1, ch. 65-254; s. 563, ch. 97-102.