FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 467.0135 — Florida Code / Title XXXII / Chapter 467 / Section 467.0135
467.0135 Fees.
Status: in_force

The department shall establish fees for application, examination, initial licensure, renewal of licensure, licensure by endorsement, inactive status, delinquent status, and reactivation of an inactive license. The appropriate fee must be paid at the time of application and is payable to the Department of Health, in accordance with rules adopted by the department. A fee is nonrefundable, unless otherwise provided by rule. A fee may not exceed:

(1) Five hundred dollars for examination.

(2) Five hundred dollars for initial licensure.

(3) Five hundred dollars for renewal of licensure.

(4) Two hundred dollars for application, which fee is nonrefundable.

(5) Five hundred dollars for reactivation of an inactive license.

(6) Five hundred dollars for licensure by endorsement.

A fee for inactive status, reactivation of an inactive license, or delinquency may not exceed the fee established by the department for biennial renewal of an active license. All fees collected under this section shall be deposited in the Medical Quality Assurance Trust Fund.

History: ss. 9, 19, ch. 92-179; s. 184, ch. 94-119; s. 7, ch. 98-130; s. 123, ch. 2000-153.
Fla. Stat. § 49.071 — Florida Code / Title VI / Chapter 49 / Section 49.071
49.071 Sworn statement, unknown parties as defendants.
Status: in_force

(1) If relief is demanded against unknown parties, the sworn statement for service of process by publication against them shall show: (a) That affiant believes that there are persons who are or may be interested in the subject matter of the action or proceedings whose names, after diligent search and inquiry, are unknown to the affiant; and (b) Whether said unknown parties claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or other claimants: 1. By, through, under or against a known person who is dead or not known to be dead or alive; or 2. By, through, under or against some corporation, domestic or foreign, that has been dissolved or which is not known to be existing or dissolved; or 3. By, through, under or against some organization which operated or did business under a name indicating a corporation; or 4. Otherwise as the case may be.

(2) In any case alleged against a named defendant, natural or corporate, who is stated, either in the pleadings or in the sworn statement, to be either dead or dissolved, or not known to be dead or alive, or dissolved or existing, any judgment, decree or order rendered against such defendant shall be as good, valid and effectual as if it had not been so stated.

History: s. 7, ch. 20452, 1941; s. 5, ch. 67-254.
Fla. Stat. § 70.80 — Florida Code / Title VI / Chapter 70 / Section 70.80
70.80 Construction of ss. 70.001, 70.45, and 70.51.
Status: in_force

It is the express declaration of the Legislature that ss. 70.001, 70.45, and 70.51 have separate and distinct bases, objectives, applications, and processes. It is therefore the intent of the Legislature that ss. 70.001, 70.45, and 70.51 are not to be construed in pari materia.

History: s. 3, ch. 95-181; s. 3, ch. 2015-142.
Fla. Stat. § 295.186 — Florida Code / Title XX / Chapter 295 / Section 295.186
295.186 Removal of certain forms from official records.
Status: in_force

Any veteran of the United States Armed Forces or his or her widow or widower, attorney, personal representative, executor, or court appointed guardian has the right to request that a county recorder remove from the official records any of the following forms recorded before, on, or after the effective date of this act, by or on behalf of the requesting veteran: DD-214; DD-215; WD AGO 53; WD AGO 55; WD AGO 53-55; NAVMC 78-PD; and NAVPERS 553. The request must specify the identification page number of the form to be removed. The request shall be made in person and with appropriate identification to allow determination of the identity of the requested. The county recorder has no duty to inquire beyond the request to verify the identity of the person requesting the removal. No fee shall be charged for the removal. When the request for removal is made, the county recorder shall provide a written notice to the requesting party that the removal of the document from the official records is permanent and no further record of the document will exist in the official records of the county.

History: s. 1, ch. 2002-391.
Fla. Stat. § 744.359 — Florida Code / Title XLIII / Chapter 744 / Part V / Section 744.359
744.359 Abuse, neglect, or exploitation by a guardian.
Status: in_force

(1) A guardian may not abuse, neglect, or exploit a ward.

(2) A guardian has committed exploitation when the guardian: (a) Commits fraud in obtaining appointment as a guardian; (b) Abuses his or her powers; or (c) Wastes, embezzles, or intentionally mismanages the assets of the ward.

(3) A person who believes that a guardian is abusing, neglecting, or exploiting a ward shall report the incident to the central abuse hotline of the Department of Children and Families.

(4) This section shall be interpreted in conformity with s. 825.103.

History: s. 14, ch. 2015-83.
Fla. Stat. § 725.08 — Florida Code / Title XLI / Chapter 725 / Section 725.08
725.08 Design professional contracts; limitation in indemnification.
Status: in_force

(1) Notwithstanding the provisions of s. 725.06, if a design professional provides professional services to or for a public agency, the agency may require in a professional services contract with the design professional that the design professional indemnify and hold harmless the agency, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract.

(2) Except as specifically provided in subsection (1), a professional services contract entered into with a public agency may not require that the design professional defend, indemnify, or hold harmless the agency, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding, and any such contract provision shall be void as against the public policy of this state.

(3) “Professional services contract” means a written or oral agreement relating to the planning, design, construction, administration, study, evaluation, consulting, or other professional and technical support services furnished in connection with any actual or proposed construction, improvement, alteration, repair, maintenance, operation, management, relocation, demolition, excavation, or other facility, land, air, water, or utility development or improvement.

(4) “Design professional” means an individual or entity licensed by the state who holds a current certificate of registration or is qualified under chapter 481 to practice architecture or landscape architecture, under chapter 472 to practice land surveying and mapping, or under chapter 471 to practice engineering, and who enters into a professional services contract.

(5) This section does not affect contracts or agreements entered into before the effective date of this section.

History: s. 1, ch. 2000-162; s. 11, ch. 2001-211; s. 83, ch. 2020-160.
Fla. Stat. § 634.137 — Florida Code / Title XXXVII / Chapter 634 / Part I / Section 634.137
634.137 Financial and statistical reporting requirements.
Status: in_force

(1) By March 1 of each year, each service agreement company shall submit to the office annual financial reports on forms prescribed by the commission and furnished by the office.

(2) Any motor vehicle service agreement company engaged in the business of issuing service agreements in this state must transmit the following information, based on Florida data, to the office each year with the annual report of the company: (a) Net assets. (b) Premiums written. (c) Premiums earned. (d) Unearned premium reserve. (e) Percent of claim exposure for which contractual liability insurance has been obtained. (f) Incurred claims, not including claims incurred but not reported. (g) Claims incurred but not reported. (h) Loss reserve for all claims except those incurred but not reported. (i) Reserves for claims incurred but not reported. (j) Number and dollar amount of claims paid. (k) Itemized acquisition costs. (l) Net gain or loss from operations before income taxes. (m) Net investment income from all reserves. (n) Net investment income from surplus. (o) Ratio of claims paid to premium earned. (p) Ratio of all claims incurred to premium earned plus investment income from all reserves. (q) Number of claims resisted. (r) Any additional information that the commission requires in order to evaluate the financial condition or trade practices of companies issuing service agreements in this state.

(3) Any service agreement company that does not file an annual statement in the form and within the time provided by this section shall forfeit up to $100 for each day during which the default continues, and, upon notice by the office, the authority of the company to do business in this state shall cease while the default continues. The office shall deposit all sums collected under this subsection in the Insurance Regulatory Trust Fund.

(4) The office shall provide a summary of the information provided pursuant to subsection (2) in its annual report.

(5) The commission may by rule require each motor vehicle service agreement company to submit to the office, as the commission may designate, all or part of the information contained in the financial reports required by this section in a computer-readable form compatible with the electronic data processing system specified by the office.

(6) The office shall develop by rule an abbreviated form for motor vehicle manufacturers to use in submitting statistical reporting of sales of service agreements in this state in lieu of the financial reports required in subsections (1) and (2).

History: ss. 16, 33, ch. 82-234; s. 68, ch. 91-106; ss. 10, 20, ch. 93-195; s. 3, ch. 2001-281; s. 1431, ch. 2003-261; s. 4, ch. 2008-178; s. 16, ch. 2010-175.
Fla. Stat. § 165.022 — Florida Code / Title XII / Chapter 165 / Section 165.022
165.022 Preemption; effect on special laws.
Status: in_force

It is the purpose of this act to provide viable and usable general law standards and procedures for forming and dissolving municipalities in lieu of any procedure or standards now provided by general or special law. The provisions of this act shall be the exclusive procedure pursuant to general law for forming or dissolving municipalities in this state, except in those counties operating under a home rule charter which provides for an exclusive method as specifically authorized by s. 6(e), Art. VIII of the State Constitution. Any provisions of a general or special law existing on July 1, 1974, in conflict with the provisions of this act shall not be effective to the extent of such conflict.

History: s. 1, ch. 74-192; s. 23, ch. 82-154; s. 66, ch. 89-169.
Fla. Stat. § 206.61 — Florida Code / Title XIV / Chapter 206 / Part I / Section 206.61
206.61 Municipal taxes, limited.
Status: in_force

No municipality or other political subdivision shall levy or collect any fuel tax or other tax measured or computed by the sale, purchase, storage, distribution, use, consumption, or other disposition of motor fuel. However, nothing herein shall prevent the levying by municipalities or other political subdivisions of reasonable flat license fees or taxes upon the business of selling gasoline at wholesale or retail.

History: s. 23, ch. 26718, 1951; s. 1, ch. 70-995; s. 2, ch. 93-71; s. 65, ch. 95-417.
Fla. Stat. § 288.7771 — Florida Code / Title XIX / Chapter 288 / Part V / Section 288.7771
288.7771 Annual report of Florida Export Finance Corporation.
Status: in_force

The corporation shall annually prepare and submit to the department for inclusion in its annual report required under s. 20.60 a complete and detailed report setting forth:

(1) The report required in s. 288.776(3).

(2) Its assets and liabilities at the end of its most recent fiscal year.

History: s. 54, ch. 93-187; s. 74, ch. 96-320; s. 25, ch. 97-278; s. 64, ch. 2001-61; s. 68, ch. 2010-102; s. 181, ch. 2011-142; s. 27, ch. 2013-39; s. 29, ch. 2013-42; s. 74, ch. 2023-173.
Fla. Stat. § 295.017 — Florida Code / Title XX / Chapter 295 / Section 295.017
295.017 Children of servicemembers who died or became disabled in the Lebanon and Grenada military arenas; education.
Status: in_force

(1) It is the policy of the state to provide educational opportunity at state expense for a dependent child of a servicemember who died or suffered a service-connected 100-percent total and permanent disability rating for compensation as determined by the United States Department of Veterans Affairs, or who has been determined to have a service-connected total and permanent disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Forces, while participating in a Multinational Peace Keeping Force in Lebanon from September 17, 1982, through February 3, 1984, inclusive, or while participating in Operation Urgent Fury in Grenada from October 23, 1983, through November 2, 1983, inclusive. (a) A certified copy of a death certificate, a valid identification card issued by the Department of Veterans’ Affairs in accordance with s. 295.17, a letter certifying the service-connected 100-percent total and permanent disability rating for compensation from the United States Department of Veterans Affairs, or a letter certifying the service-connected total and permanent disability rating of 100 percent for retirement pay from any branch of the United States Armed Forces is prima facie evidence that the dependent child of the servicemember is eligible for educational benefits. (b) In addition to the requirement provided in paragraph (a), a dependent child is eligible for educational benefits under this section if: 1. During either period of military action, Florida was listed as the servicemember’s official home of record in the Defense Enrollment Eligibility Reporting System (DEERS) database; or 2. The child qualifies as a resident for tuition purposes under s. 1009.21 and the servicemember, if living, is a resident of this state.

(2) Sections 295.03-295.05 and 1009.40 shall apply.

History: s. 1, ch. 86-177; s. 13, ch. 87-356; s. 28, ch. 89-207; s. 245, ch. 95-148; s. 951, ch. 2002-387; s. 54, ch. 2020-2; s. 4, ch. 2023-279.
Fla. Stat. § 651.019 — Florida Code / Title XXXVII / Chapter 651 / Section 651.019
651.019 New financing, additional financing, or refinancing.
Status: in_force

(1)(a) A provider shall provide a written general outline of the amount and the anticipated terms of any new financing or refinancing, and the intended use of proceeds, to the residents’ council at least 30 days before the closing date of the financing or refinancing transaction. If there is a material change in the noticed information, a provider shall provide an updated notice to the residents’ council within 10 business days after the provider becomes aware of such change. (b) If the facility does not have a residents’ council, the facility must make available, in the same manner as other community notices, the information required under paragraph (a).

(2) Within 30 days after the closing date of such financing or refinancing transaction, the provider shall submit to the office copies of executed financing documents, escrow or trust agreements prepared in support of such financing or refinancing transaction, and a copy of all documents required to be submitted to the residents’ council under paragraph (1)(a).

History: ss. 3, 16, ch. 91-98; s. 12, ch. 93-22; s. 1668, ch. 2003-261; s. 4, ch. 2019-160.
Fla. Stat. § 314.08 — Florida Code / Title XXII / Chapter 314 / Section 314.08
314.08 Fees.
Status: in_force

Such harbormaster shall receive from the master, owner or consignee of vessels coming into the port for which he or she is appointed under this chapter, for the services rendered by the harbormaster or deputy, under the provisions of this chapter, not exceeding the sum of $20, according to the amount and value of the services rendered.

History: s. 9, ch. 3752, 1887; RS 965; GS 1334; RGS 2504; CGL 3914; s. 292, ch. 95-148.
Fla. Stat. § 414.122 — Florida Code / Title XXX / Chapter 414 / Section 414.122
414.122 Withholding of payments based on evidence of fraud.
Status: in_force

The department shall withhold payment from a recipient of temporary cash assistance when, after redetermination of eligibility or at any other time, the department obtains evidence that may indicate fraud on the part of the recipient. When evidence of such fraud is obtained, the recipient shall be notified that because of such evidence of fraud the following payment will be withheld unless the recipient meets with a representative of the department by a specified date, which must be within 10 days after the date of the notice, to discuss and resolve the matter. The department shall make every effort to resolve the matter within a timeframe that will not cause payment to be withheld from an eligible recipient of temporary cash assistance.

History: s. 87, ch. 96-175; s. 12, ch. 97-173.
Fla. Stat. § 429.17 — Florida Code / Title XXX / Chapter 429 / Part I / Section 429.17
429.17 Expiration of license; renewal; conditional license.
Status: in_force

(1) Limited nursing, extended congregate care, and limited mental health licenses shall expire at the same time as the facility’s standard license, regardless of when issued.

(2) A license shall be renewed in accordance with part II of chapter 408 and the provision of satisfactory proof of ability to operate and conduct the facility in accordance with the requirements of this part and adopted rules, including proof that the facility has received a satisfactory firesafety inspection, conducted by the local authority having jurisdiction or the State Fire Marshal, within the preceding 12 months.

(3) In addition to the requirements of part II of chapter 408, each facility must report to the agency any adverse court action concerning the facility’s financial viability, within 7 days after its occurrence. The agency shall have access to books, records, and any other financial documents maintained by the facility to the extent necessary to determine the facility’s financial stability.

(4) In addition to the license categories available in s. 408.808, a conditional license may be issued to an applicant for license renewal if the applicant fails to meet all standards and requirements for licensure. A conditional license issued under this subsection shall be limited in duration to a specific period of time not to exceed 6 months, as determined by the agency, and shall be accompanied by an agency-approved plan of correction.

(5) When an extended care or limited nursing license is requested during a facility’s biennial license period, the fee shall be prorated in order to permit the additional license to expire at the end of the biennial license period. The fee shall be calculated as of the date the additional license application is received by the agency.

(6) The agency may by rule establish renewal procedures, identify forms, and specify documentation necessary to administer this section and may adopt rules to administer part II of chapter 408.

History: s. 9, ch. 75-233; ss. 12, 19, ch. 80-198; s. 2, ch. 81-318; ss. 9, 19, ch. 82-148; ss. 47, 79, 83, ch. 83-181; s. 2, ch. 88-350; s. 14, ch. 89-294; s. 9, ch. 91-263; s. 23, ch. 93-177; ss. 10, 38, 39, ch. 93-216; s. 9, ch. 95-418; s. 9, ch. 98-80; s. 44, ch. 98-171; s. 212, ch. 99-13; s. 20, ch. 2003-57; ss. 2, 38, ch. 2006-197; s. 146, ch. 2007-230; s. 9, ch. 2019-11.
Fla. Stat. § 284.32 — Florida Code / Title XIX / Chapter 284 / Part II / Section 284.32
284.32 Department of Financial Services to implement and consolidate.
Status: in_force

The Department of Financial Services is authorized to effect a consolidation and combination of all insurance coverages provided herein into one insurance program in accordance with the provisions of part I of chapter 287.

History: s. 1, ch. 72-206; s. 318, ch. 2003-261.
Fla. Stat. § 709.2106 — Florida Code / Title XL / Chapter 709 / Part II / Section 709.2106
709.2106 Validity of power of attorney.
Status: in_force

(1) A power of attorney executed on or after October 1, 2011, is valid if its execution complies with s. 709.2105.

(2) A power of attorney executed before October 1, 2011, is valid if its execution complied with the law of this state at the time of execution.

(3) A power of attorney executed in another state which does not comply with the execution requirements of this part is valid in this state if, when the power of attorney was executed, the power of attorney and its execution complied with the law of the state of execution. A third person who is requested to accept a power of attorney that is valid in this state solely because of this subsection may in good faith request, and rely upon, without further investigation, an opinion of counsel as to any matter of law concerning the power of attorney, including the due execution and validity of the power of attorney. An opinion of counsel requested under this subsection must be provided at the principal’s expense. A third person may reject a power of attorney that is valid in this state solely because of this subsection if the agent does not provide the requested opinion of counsel, and in such case, a third person has no liability for rejecting the power of attorney. This subsection does not affect any other rights of a third person who is requested to accept the power of attorney under this part, or any other provisions of applicable law.

(4) A military power of attorney is valid if it is executed in accordance with 10 U.S.C. s. 1044b, as amended. A deployment-contingent power of attorney may be signed in advance, is effective upon the deployment of the principal, and shall be afforded full force and effect by the courts of this state.

(5) Except as otherwise provided in the power of attorney, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. Notwithstanding this subsection, an original power of attorney that is relied upon to affect the title to real property may be required for recording in the official records.

(6) An original of a properly executed power of attorney may be presented to the clerk of the circuit court for recording in the official records as provided under s. 28.222 upon payment of the service charge as provided under s. 28.24.

History: s. 8, ch. 2011-210; s. 4, ch. 2013-90.
Fla. Stat. § 198.11 — Florida Code / Title XIV / Chapter 198 / Section 198.11
198.11 Appointment of special appraisers.
Status: in_force

The department may employ special appraisers for the purpose of determining the value of any property which is, or is believed by the department to be, subject to the tax imposed by this chapter, and such special appraisers shall be paid such compensation as said department shall deem proper.

History: s. 6, ch. 16015, 1933; CGL 1936 Supp. 1342(86); ss. 21, 35, ch. 69-106.