FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 631.913 — Florida Code / Title XXXVII / Chapter 631 / Part V / Section 631.913
631.913 Powers and duties of the corporation.
Status: in_force

(1) The corporation is obligated to the extent of the full amount of the covered claims: (a) Existing before the adjudication of insolvency and arising within 30 days after the determination of insolvency; (b) Existing before the policy expiration date if less than 30 days after the determination of insolvency; or (c) Existing before the insured replaces the policy or causes its cancellation, if the insured does so within 30 days after the determination of insolvency. Notwithstanding such criteria, the corporation’s obligation for a covered claim for the return of unearned premium shall not exceed $50,000 per policy. In addition, the corporation is not obligated to a policyholder or claimant in an amount in excess of the obligation of the insolvent insurer under the policy from which the claim arises.

(2) The corporation is considered to be the insurer to the extent of its obligation on the covered claims, and, to such extent, has all rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent. The corporation is not liable for any penalties or interest.

(3) The corporation may: (a) Employ or retain such persons as are necessary to handle claims and perform other duties of the corporation. (b) Borrow funds necessary to effect the purposes of this part in accordance with the plan of operation. (c) Sue or be sued. Service of process in such legal actions must be made upon the person registered with the department as agent for the receipt of service of process. (d) Enter into such contracts as are necessary to carry out the purpose of this part.

(4) The corporation may assist and advise the department, when appropriate, concerning rehabilitation, payment of claims, continuance of coverage, or the performance of other contractual obligations of any impaired or insolvent insurer. The corporation may also assist and advise departments of insurance of other states; other guaranty associations; and conservators, rehabilitators, and receivers appointed or acting in regard to any member insured wherever located, for the purpose of developing plans to coordinate protection of policyholders. Costs of such activities may be charged against the Florida Workers’ Compensation Insurance Guaranty Association Account at the discretion of the board of directors, notwithstanding any other provision of this act.

(5) The corporation shall have standing to appear before any court in this state which has jurisdiction over an impaired or insolvent insurer to which the corporation is or may become obligated under this act. Such standing shall extend to all matters germane to the powers and duties of the corporation, including but not limited to, proposals for reinsuring or guaranteeing the covered policies of the impaired or insolvent insurer and the determination of the covered policies and contractual obligations.

(6) State funds may not be allocated or paid to the corporation.

History: s. 20, ch. 97-262; s. 5, ch. 2003-267.
Fla. Stat. § 192.048 — Florida Code / Title XIV / Chapter 192 / Section 192.048
192.048 Electronic transmission.
Status: in_force

(1) Subject to subsection (2), the following documents may be transmitted electronically rather than by regular mail: (a) The notice of proposed property taxes required under s. 200.069. (b) The tax exemption renewal application required under s. 196.011(7)(a). (c) The tax exemption renewal application required under s. 196.011(7)(b). (d) A notification of an intent to deny a tax exemption required under s. 196.011(10)(e). (e) The decision of the value adjustment board required under s. 194.034(2).

(2) Electronic transmission pursuant to this section is authorized only under the following conditions, as applicable: (a) The recipient consents in writing to receive the document electronically. (b) On the form used to obtain the recipient’s written consent, the sender must include a statement in substantially the following form and in a font equal to or greater than the font used for the text requesting the recipient’s consent: NOTICE: Under Florida law, e-mail addresses are public records. By consenting to communicate with this office electronically, your e-mail address will be released in response to any applicable public records request. (c) Before sending a document electronically, the sender verifies the recipient’s address by sending an electronic transmission to the recipient and receiving an affirmative response from the recipient verifying that the recipient’s address is correct. (d) If a document is returned as undeliverable, the sender must send the document by regular mail, as required by law. (e) Documents sent pursuant to this section comply with the same timing and form requirements as if the documents were sent by regular mail. (f) The sender renews the consent and verification requirements every 5 years.

History: s. 2, ch. 2013-72; s. 5, ch. 2013-192; s. 2, ch. 2024-101.
Fla. Stat. § 672.402 — Florida Code / Title XXXIX / Chapter 672 / Part IV / Section 672.402
672.402 Rights of seller’s creditors against sold goods.
Status: in_force

(1) Except as provided in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer’s rights to recover the goods under this chapter (ss. 672.502 and 672.716).

(2) A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against him or her a retention of possession by the seller is fraudulent under any rule of law of the state where the goods are situated, except that retention of possession in good faith and current course of trade by a merchant-seller for a commercially reasonable time after a sale or identification is not fraudulent.

(3) Nothing in this chapter shall be deemed to impair the rights of creditors of the seller: (a) Under the provisions of the chapter on secured transactions (chapter 679); or (b) Where identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security or the like and is made under circumstances which under any rule of law of the state where the goods are situated would apart from this chapter constitute the transaction a fraudulent transfer or voidable preference.

History: s. 1, ch. 65-254; s. 575, ch. 97-102.
Fla. Stat. § 63.135 — Florida Code / Title VI / Chapter 63 / Section 63.135
63.135 Information to be submitted to the court.
Status: in_force

(1) The adoption entity or petitioner must file an affidavit under the Uniform Child Custody Jurisdiction and Enforcement Act in the termination of parental rights proceeding in the first pleading or in an affidavit attached to that pleading.

(2) Each party has a continuing duty to inform the court of any custody proceeding concerning the child in this or any other state about which he or she obtained information during this proceeding.

History: s. 6, ch. 87-397; s. 340, ch. 95-147; s. 27, ch. 2003-58; s. 19, ch. 2008-151.
Fla. Stat. § 718.4015 — Florida Code / Title XL / Chapter 718 / Part IV / Section 718.4015
718.4015 Condominium leases; escalation clauses.
Status: in_force

(1) It is declared that the public policy of this state prohibits the inclusion or enforcement of escalation clauses in land leases or other leases or agreements for recreational facilities, land, or other commonly used facilities serving residential condominiums, and such clauses are hereby declared void for public policy. For the purposes of this section, an escalation clause is any clause in a condominium lease or agreement which provides that the rental under the lease or agreement shall increase at the same percentage rate as any nationally recognized and conveniently available commodity or consumer price index.

(2) This public policy prohibits the inclusion or enforcement of such escalation clauses in leases related to condominiums for which the declaration of condominium was recorded on or after June 4, 1975; it prohibits the enforcement of escalation clauses in leases related to condominiums for which the declaration of condominium was recorded prior to June 4, 1975, but which have been refused enforcement on the grounds that the parties agreed to be bound by subsequent amendments to the Florida Statutes or which have been found to be void because of a finding that such lease is unconscionable or which have been refused enforcement on the basis of the application of former s. 711.231 or former s. 718.401(8); and it prohibits any further escalation of rental fees after October 1, 1988, pursuant to escalation clauses in leases related to condominiums for which the declaration was recorded prior to June 4, 1975.

(3) The provisions of this section do not apply if the lessor is the Government of the United States or this state or any political subdivision thereof or any agency of any political subdivision thereof.

History: s. 7, ch. 88-148; s. 2, ch. 88-225; s. 1, ch. 89-164.
Fla. Stat. § 567.09 — Florida Code / Title XXXIV / Chapter 567 / Section 567.09
567.09 Refund of unused portion of county license tax.
Status: in_force

The county commissioners of such county voting by election to discontinue permitting the sale of intoxicating liquors, wines, or beer, shall refund to the licensee the fee for the unexpired and unused portion of any such license issued to him or her by said county.

History: s. 2, ch. 5479, 1905; CGL 1936 Supp. 4151(204); s. 878, ch. 97-103.
Fla. Stat. § 163.345 — Florida Code / Title XI / Chapter 163 / Part III / Section 163.345
163.345 Encouragement of private enterprise.
Status: in_force

(1) Any county or municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this part, shall afford maximum opportunity, consistent with the sound needs of the county or municipality as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprise. Any county or municipality shall give consideration to this objective in exercising its powers under this part, including the formulation of a workable program; the approval of community redevelopment plans, communitywide plans or programs for community redevelopment, and general neighborhood redevelopment plans (consistent with the general plan of the county or municipality); the development and implementation of community policing innovations; the exercise of its zoning powers; the enforcement of other laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements; the development of affordable housing; the disposition of any property acquired, subject to the limitations of s. 73.013; and the provision of necessary public improvements.

(2) In giving consideration to the objectives outlined in subsection (1), the county or municipality shall consider making available the incentives provided under the Florida Enterprise Zone Act and chapter 420.

History: s. 4, ch. 69-305; s. 4, ch. 83-231; s. 2, ch. 94-236; s. 2, ch. 98-314; s. 26, ch. 2001-60; s. 12, ch. 2005-287; s. 8, ch. 2006-11.
Fla. Stat. § 189.0761 — Florida Code / Title XIII / Chapter 189 / Part VII / Section 189.0761
189.0761 Exemptions.
Status: in_force

This part does not apply to community development districts implemented pursuant to chapter 190 or to water management districts created and operated pursuant to chapter 373.

History: s. 8, ch. 89-169; s. 8, ch. 97-255; s. 1, ch. 2012-16; s. 23, ch. 2014-22.
Fla. Stat. § 709.2120 — Florida Code / Title XL / Chapter 709 / Part II / Section 709.2120
709.2120 Rejecting power of attorney.
Status: in_force

(1) A third person must accept or reject a power of attorney within a reasonable time. Four days, excluding Saturdays, Sundays, and legal holidays, are presumed to be a reasonable time for a financial institution or broker-dealer to accept or reject a power of attorney with respect to: (a) A banking transaction, if the power of attorney expressly contains authority to conduct banking transactions pursuant to s. 709.2208(1); or (b) An investment transaction, if the power of attorney expressly contains authority to conduct investment transactions pursuant to s. 709.2208(2).

(2) A third person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.

(3) A third person who rejects a power of attorney for any reason other than as provided in paragraph (4)(a) must state in writing the reason for the rejection.

(4) A third person is not required to accept a power of attorney if: (a) The third person is not otherwise required to engage in a transaction with the principal in the same circumstances; (b) The third person has knowledge of the termination or suspension of the agent’s authority or of the power of attorney before exercising the power; (c) A timely request by the third person for an affidavit, English translation, opinion of counsel, or electronic journal or record under s. 709.2119 is refused by the agent; (d) The power of attorney is witnessed or notarized remotely through the use of online witnesses or notarization, and either the agent is unable to produce the electronic journal or record, or the notary public did not maintain an electronic journal or record of the notarization; (e) Except as provided in paragraph (b), the third person believes in good faith that the power is not valid or that the agent does not have authority to perform the act requested; or (f) The third person makes, or has knowledge that another person has made, a report to the local adult protective services office stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.

(5) A third person who, in violation of this section, rejects a power of attorney is subject to: (a) A court order mandating acceptance of the power of attorney; and (b) Liability for damages, including reasonable attorney fees and costs, incurred in any action or proceeding that confirms, for the purpose tendered, the validity of the power of attorney or mandates acceptance of the power of attorney.

History: s. 22, ch. 2011-210; s. 8, ch. 2013-90; s. 28, ch. 2019-71.
Fla. Stat. § 625.76 — Florida Code / Title XXXVII / Chapter 625 / Part IV / Section 625.76
625.76 Preventing unfair use of information; insurer to recover profit by suit.
Status: in_force

(1) Any profit realized by a person required to report pursuant to s. 625.75 from any purchase and sale, or sale and purchase, within a period of less than 6 months, of any equity security of an insurer named in such report shall inure to and be recoverable by the insurer, unless such security was acquired in good faith in connection with a debt contracted prior to the establishment of the relationship to the insurer reported under s. 625.75.

(2) Suit to recover such profit may be instituted at law or in equity in any court of competent jurisdiction by the insurer, or by the owner of any security of the insurer in the name and in behalf of the insurer if the insurer fails or refuses to bring such suit within 60 days after request or fails diligently to prosecute the same thereafter.

(3) This section shall not be construed to cover any transaction by a person who was not required both at the time of purchase and of sale to comply with s. 625.75.

History: s. 1, ch. 65-18; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 136, 143, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
Fla. Stat. § 731.105 — Florida Code / Title XLII / Chapter 731 / Part I / Section 731.105
731.105 In rem proceeding.
Status: in_force

Probate proceedings are in rem proceedings.

History: s. 3, ch. 75-220.
Fla. Stat. § 166.222 — Florida Code / Title XII / Chapter 166 / Part III / Section 166.222
166.222 Building code inspection fees.
Status: in_force

(1) The governing body of a municipality may provide a schedule of reasonable inspection fees in order to defer the costs of inspection and enforcement of the provisions of its building code.

(2) The governing body of a municipality authorized under s. 553.80 to issue fees shall post its permit and inspection fee schedules and its building permit and inspection utilization report required under s. 553.80(7) on its website.

(3) The governing body of a municipality that issues building permits may charge a person only one search fee, in an amount commensurate with the research and time costs incurred by the governing body, for identifying building permits for each unit or subunit assigned by the governing body to a particular tax parcel identification number.

History: s. 2, ch. 83-160; s. 2, ch. 2019-75; s. 2, ch. 2019-121.
Fla. Stat. § 468.404 — Florida Code / Title XXXII / Chapter 468 / Part VII / Section 468.404
468.404 License; fees; renewals.
Status: in_force

(1) The department shall establish biennial fees for initial licensing, renewal of license, and reinstatement of license, none of which fees shall exceed $400. The department may establish a delinquency fee of no more than $50. The fees shall be adequate to proportionately fund the expenses of the department which are allocated to the regulation of talent agencies and shall be based on the department’s estimate of the revenue required to administer this part.

(2) If one or more individuals on the basis of whose qualifications a talent agency license has been obtained cease to be connected with the agency for any reason, the agency business may be carried on for a temporary period, not to exceed 90 days, under such terms and conditions as the department provides by rule for the orderly closing of the business or the replacement and qualifying of a new owner or operator. The licensee’s good standing under this part shall be contingent upon the department’s approval of any such new owner or operator.

(3) No license shall be valid to protect any business transacted under any name other than that designated in the license, unless consent is first obtained from the department, unless written consent of the surety or sureties on the original bond required by s. 468.408 is filed with the department, and unless the license is returned to the department for the recording thereon of such changes. A charge of $25 shall be made by the department for the recording of authorization for each change of name or change of location.

(4) No license issued under this part shall be assignable.

History: ss. 4, 15, ch. 86-292; s. 3, ch. 87-325; s. 63, ch. 91-137; s. 13, ch. 91-156; s. 4, ch. 91-429; s. 23, ch. 94-119; s. 50, ch. 2003-399; s. 40, ch. 2004-269; s. 14, ch. 2006-2; s. 42, ch. 2015-4.
Fla. Stat. § 733.509 — Florida Code / Title XLII / Chapter 733 / Part V / Section 733.509
733.509 Surrender of assets upon removal.
Status: in_force

Upon entry of an order removing a personal representative, the removed personal representative shall immediately deliver all estate assets, records, documents, papers, and other property of or concerning the estate in the removed personal representative’s possession or control to the remaining personal representative or successor fiduciary.

History: s. 1, ch. 74-106; s. 73, ch. 75-220; s. 123, ch. 2001-226.
Fla. Stat. § 322.22 — Florida Code / Title XXIII / Chapter 322 / Section 322.22
322.22 Authority of department to cancel or refuse to issue or renew license.
Status: in_force

(1) The department may cancel or withhold issuance or renewal of any driver license, upon determining that the licensee was not entitled to the issuance thereof, or that the licensee failed to give the required or correct information in his or her application or committed any fraud in making such application, or that the licensee has two or more licenses on file with the department, each in a different name but bearing the photograph of the licensee, unless the licensee has complied with the requirements of this chapter in obtaining the licenses. The department may cancel or withhold issuance or renewal of any driver license, identification card, vehicle or vessel registration, or fuel-use decal if the licensee fails to pay the correct fee or pays for any driver license, identification card, vehicle or vessel registration, or fuel-use decal; pays any tax liability, penalty, or interest specified in chapter 207; or pays any administrative, delinquency, or reinstatement fee by a dishonored check.

(2) Upon such cancellation, the licensee must surrender to the department the license so canceled.

History: s. 34, ch. 19551, 1939; CGL 4151(648); s. 34, ch. 20451, 1941; s. 20, ch. 78-394; s. 42, ch. 89-282; s. 81, ch. 94-306; s. 936, ch. 95-148; s. 83, ch. 2005-164; s. 54, ch. 2013-160.
Fla. Stat. § 469.005 — Florida Code / Title XXXII / Chapter 469 / Section 469.005
469.005 License requirements.
Status: in_force

All applicants for licensure as either asbestos consultants or asbestos contractors shall:

(1) Pay the initial licensing fee.

(2) When applying for licensure as an asbestos consultant, successfully complete the following department-approved courses: (a) A building asbestos surveys and mechanical systems course. Such course shall consist of not less than 3 days of instruction. (b) An asbestos management planning course. Such course shall consist of not less than 2 days of instruction. (c) A respiratory protection course. Such course shall consist of not less than 3 days of instruction. (d) A project designer course. Such course shall consist of not less than 3 days of instruction.

(3) When applying for licensure as an asbestos contractor, successfully complete the following department-approved courses: (a) An asbestos contractor/supervisor course. Such course shall consist of not less than 5 days of instruction. (b) A respiratory protection course. Such course shall consist of not less than 3 days of instruction.

(4) Provide evidence of satisfactory work on 10 asbestos projects within the last 5 years.

(5) Provide evidence of financial stability.

(6) Pass a department-approved examination of qualifications and knowledge relating to asbestos.

History: s. 53, ch. 94-119; s. 15, ch. 98-419; s. 17, ch. 99-254; s. 1, ch. 2000-154.
Fla. Stat. § 373.087 — Florida Code / Title XXVIII / Chapter 373 / Part I / Section 373.087
373.087 District works using aquifer for storage and supply.
Status: in_force

The governing board may establish works of the district for the purpose of introducing water into, or drawing water from, the underlying aquifer for storage or supply. However, only water of a compatible quality shall be introduced directly into such aquifer.

History: s. 1, ch. 72-318; s. 1, ch. 82-46; s. 25, ch. 88-242; ss. 1, 2, ch. 89-279; ss. 11, 12, ch. 90-217.
Fla. Stat. § 316.073 — Florida Code / Title XXIII / Chapter 316 / Section 316.073
316.073 Applicability to animals and animal-drawn vehicles.
Status: in_force

Every person driving an animal-drawn vehicle upon a roadway is subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions of this chapter which by their nature can have no application. The provisions of this chapter applicable to pedestrians, with the exception of s. 316.130(3), apply to any person riding or leading an animal upon a roadway or the shoulder thereof.

History: s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 83-88.
Fla. Stat. § 132.38 — Florida Code / Title XI / Chapter 132 / Section 132.38
132.38 Sale of general obligation refunding bonds.
Status: in_force

General obligation refunding bonds shall be sold in the manner provided in s. 218.385 and at an interest rate not to exceed the maximum interest rate set forth in s. 215.84.

History: s. 1, ch. 86-181.