FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 626.591 — Florida Code / Title XXXVII / Chapter 626 / Part I / Section 626.591
626.591 Penalty for violation of s. 626.581.
Status: in_force

(1) If any agent is found by the department to be in violation of s. 626.581, the department may, in its discretion, suspend or revoke the agent’s license. If any insurer is found by the office to be in violation of s. 626.581, the office may, in its discretion, suspend or revoke the insurer’s certificate of authority.

(2) Any such suspension or revocation shall be for a period of not less than 6 months, and the insurer or agent shall not subsequently be authorized or licensed to transact insurance unless the office or department is satisfied that the insurer or agent will not again violate any of the provisions of s. 626.581.

History: s. 238, ch. 59-205; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 3, ch. 81-282; ss. 2, 3, ch. 81-318; ss. 217, 807, 810, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 944, ch. 2003-261.
Fla. Stat. § 741.23 — Florida Code / Title XLIII / Chapter 741 / Section 741.23
741.23 Husband not liable for wife’s torts.
Status: in_force

The common-law rule whereby a husband is liable for the torts of his wife is hereby abrogated.

History: s. 1, ch. 26829, 1951.
Fla. Stat. § 520.42 — Florida Code / Title XXXIII / Chapter 520 / Part III / Section 520.42
520.42 Construction.
Status: in_force

Nothing in this act shall be construed to affect any transaction covered by chapter 516 and part I of this chapter or any transaction by any banking institution, state or federal savings and loan association, or credit union.

History: s. 14, ch. 59-414; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 11, 21, ch. 80-256; s. 2, ch. 81-318; ss. 35, 36, ch. 90-103; s. 4, ch. 91-429.
Fla. Stat. § 175.195 — Florida Code / Title XII / Chapter 175 / Section 175.195
175.195 False, misleading, or fraudulent statements made to obtain public retirement benefits prohibited; penalty.
Status: in_force

(1) It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit available under a retirement plan receiving funding under this chapter.

(2)(a) A person who violates subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) In addition to any applicable criminal penalty, upon conviction for a violation described in subsection (1), a participant or beneficiary of a pension plan receiving funding under this chapter may, in the discretion of the board of trustees, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under this chapter. For purposes of this paragraph, “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.

History: s. 20, ch. 99-1.
Fla. Stat. § 812.135 — Florida Code / Title XLVI / Chapter 812 / Section 812.135
812.135 Home-invasion robbery.
Status: in_force

(1) “Home-invasion robbery” means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.

(2)(a) If in the course of committing the home-invasion robbery the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If in the course of committing the home-invasion robbery the person carries a weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) If in the course of committing the home-invasion robbery the person carries no firearm, deadly weapon, or other weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History: s. 2, ch. 93-212; s. 1, ch. 2004-290.
Fla. Stat. § 381.0067 — Florida Code / Title XXIX / Chapter 381 / Section 381.0067
381.0067 Corrective orders; private and certain public water systems and onsite sewage treatment and disposal systems.
Status: in_force

When the department or its agents, through investigation, find that any private water system, public water system not covered or included in the Florida Safe Drinking Water Act (part VI of chapter 403), or onsite sewage treatment and disposal system constitutes a nuisance or menace to the public health or significantly degrades the groundwater or surface water, the department or its agents may issue an order requiring the owner to correct the improper condition. If the improper condition relates to the drainfield of an onsite sewage treatment and disposal system, the department or its agents may issue an order requiring the owner to repair or replace the drainfield. If an onsite sewage treatment and disposal system has failed, the department or its agents shall issue an order requiring the owner to replace the system. For purposes of this section, an onsite sewage treatment and disposal system has failed if the operation of the system constitutes a nuisance or menace to the public health or significantly degrades the groundwater or surface water and the system cannot be repaired.

History: s. 2, ch. 29834, 1955; ss. 19, 35, ch. 69-106; s. 74, ch. 77-147; s. 17, ch. 77-337; s. 28, ch. 91-297; s. 6, ch. 93-151; s. 6, ch. 2006-252.
Fla. Stat. § 620.8912 — Florida Code / Title XXXVI / Chapter 620 / Part II / Section 620.8912
620.8912 Conversion.
Status: in_force

(1) An organization other than a partnership may convert to a partnership, and a partnership may convert to another organization pursuant to this section and ss. 620.8913-620.8915 and a plan of conversion, if: (a) The other organization’s governing law authorizes the conversion. (b) The conversion is permitted by the law of the jurisdiction that enacted the governing law. (c) The other organization complies with its governing law in effecting the conversion.

(2) A plan of conversion must be in a record and must include: (a) The name and form of the organization before conversion. (b) The name and form of the organization after conversion. (c) The terms and conditions of the conversion, including the manner and basis for converting interests in the converting organization into any combination of money, interests in the converted organization, and other consideration. (d) The organizational documents of the converted organization.

History: s. 22, ch. 2005-267.
Fla. Stat. § 620.8503 — Florida Code / Title XXXVI / Chapter 620 / Part II / Section 620.8503
620.8503 Transfer of partner’s transferable interest.
Status: in_force

(1) A transfer, in whole or in part, of a partner’s transferable interest in the partnership: (a) Is permissible. (b) Does not, by itself, cause the partner’s dissociation or a dissolution and winding up of the partnership business. (c) Does not, as against the other partners or the partnership, entitle the transferee, during the continuance of the partnership, to participate in the management or conduct of the partnership business, to require access to information concerning partnership transactions, or to inspect or copy the partnership books or records.

(2) A transferee of a partner’s transferable interest in the partnership has a right: (a) To receive, in accordance with the transfer, distributions to which the transferor would otherwise be entitled; (b) To receive upon the dissolution and winding up of the partnership business, in accordance with the transfer, the net amount otherwise distributable to the transferor; and (c) To seek, under s. 620.8801(6), a judicial determination that it is equitable to wind up the partnership business.

(3) In a dissolution and winding up of a partnership, a transferee is entitled to an account of partnership transactions only from the date of the latest account agreed to by all the partners.

(4) Upon transfer, the transferor retains the rights and duties of a partner other than the interest in distributions transferred.

(5) A partnership need not give effect to a transferee’s rights under this section until it has notice of the transfer.

(6) A transfer of a partner’s transferable interest in the partnership in violation of a restriction on transfer contained in the partnership agreement is ineffective as to a person having notice of the restriction at the time of transfer.

History: s. 13, ch. 95-242; s. 147, ch. 2014-17.
Fla. Stat. § 27.705 — Florida Code / Title V / Chapter 27 / Part IV / Section 27.705
27.705 Salaries of capital collateral regional counsel and assistant capital collateral counsel.
Status: in_force

(1) Each capital collateral regional counsel shall be paid a salary by the state, which shall be as provided in the General Appropriations Act and shall be paid in equal monthly installments.

(2) Full-time assistant capital collateral counsel shall be compensated in an amount set by the capital collateral regional counsel, which may not exceed 100 percent of the salary of the capital collateral regional counsel and shall be paid from funds appropriated for that purpose.

(3) All payments of the salary of each of the capital collateral regional counsel and employees of his or her office, and payments for other necessary expenses of office from state funds appropriated therefor, are for a valid public purpose. Travel expenses for official business within and outside the state shall be paid in accordance with s. 112.061. For purposes of s. 112.061 only, part-time assistant capital collateral counsel shall be considered employees of the regional office of capital collateral counsel.

(4) Each capital collateral regional counsel shall develop a classification and pay plan to be submitted on or before January 1 of each year to the Justice Administrative Commission, the office of the President of the Senate, and the office of the Speaker of the House of Representatives. Such plan shall be developed in accordance with policies and procedures of the Executive Office of the Governor established pursuant to s. 216.181.

History: s. 3, ch. 85-332; s. 4, ch. 87-85; s. 149, ch. 95-147; s. 5, ch. 97-313.
Fla. Stat. § 736.0112 — Florida Code / Title XLII / Chapter 736 / Part I / Section 736.0112
736.0112 Qualification of foreign trustee.
Status: in_force

Unless otherwise doing business in this state, local qualification by a foreign trustee is not required for the trustee to receive distribution from a local estate. Nothing in this chapter shall affect the provisions of s. 660.41.

History: s. 1, ch. 2006-217.
Fla. Stat. § 535.16 — Florida Code / Title XXXIII / Chapter 535 / Section 535.16
535.16 Sale and purchase of horses; unfair or deceptive trade practices.
Status: in_force

(1) The Department of Agriculture and Consumer Services shall examine the conditions surrounding the sale and purchase of horses and shall adopt rules pursuant to ss. 120.536(1) and 120.54 to prevent unfair or deceptive trade practices. Vertical integration of services and employees, in and of itself, shall not be considered an unfair or deceptive practice. The department’s examination shall include the following: the disclosure of the legal owner and buyer of the horse and any dual agency to the buyer and seller; the disclosure of relevant medical conditions, defects, and surgeries; the conduct or alterations that could affect the performance of a horse; and the need for a written bill of sale or similar documentation.

(2) This provision shall not apply to sales resulting from claiming races at licensed pari-mutuel facilities.

History: s. 2, ch. 2007-244.
Fla. Stat. § 76.251 — Florida Code / Title VI / Chapter 76 / Section 76.251
76.251 When writ returnable.
Status: in_force

A writ of attachment is returnable when fully executed or when the officer is convinced that no property can be found. If property is seized under the writ, the writ shall be returned when the property seized finally passes from the lien of the writ and control of the officer levying it. At the time of each action taken under the writ, the officer shall endorse the action thereon.

History: s. 26, ch. 67-254.
Fla. Stat. § 282.706 — Florida Code / Title XIX / Chapter 282 / Part III / Section 282.706
282.706 Use of SUNCOM Network by libraries.
Status: in_force

The department may provide SUNCOM Network services to any library in the state, including libraries in public schools, community colleges, state universities, and nonprofit private postsecondary educational institutions, and libraries owned and operated by municipalities and political subdivisions. This section may not be construed to require a state university library to use SUNCOM Network services.

History: s. 2, ch. 96-357; s. 9, ch. 2000-164; s. 15, ch. 2001-261; s. 937, ch. 2002-387; s. 21, ch. 2009-80; s. 7, ch. 2010-78.
Fla. Stat. § 634.335 — Florida Code / Title XXXVII / Chapter 634 / Part II / Section 634.335
634.335 Unfair methods of competition and unfair or deceptive acts or practices prohibited.
Status: in_force

No person may engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 634.337 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of home warranty.

History: s. 29, ch. 83-323; s. 1, ch. 84-94; s. 20, ch. 93-195.
Fla. Stat. § 39.5086 — Florida Code / Title V / Chapter 39 / Part V / Section 39.5086
39.5086 Kinship navigator programs.
Status: in_force

(1) DEFINITIONS. — As used in this section, the term: (a) “Kinship care” means the full-time care of a child placed in out-of-home care by the court in the home of a relative or fictive kin. (b) “Kinship navigator program” means a program designed to ensure that kinship caregivers are provided with necessary resources for the preservation of the family. (c) “Relative” means an individual who is caring full time for a child placed in out-of-home care by the court and who: 1. Is related to the child within the fifth degree by blood or marriage to the parent or stepparent of the child; or 2. Is related to a half-sibling of that child within the fifth degree by blood or marriage to the parent or stepparent.

(2) PURPOSE AND SERVICES. — (a) The purpose of a kinship navigator program is to help relative caregivers and fictive kin in the child welfare system to navigate the broad range of services available to them and the children from public, private, community, and faith-based organizations. (b) Each community-based care lead agency shall establish a kinship navigator program that: 1. Coordinates with other state or local agencies that promote service coordination or provide information and referral services, including any entities that participate in the Florida 211 Network, to avoid duplication or fragmentation of services to kinship care families; 2. Is planned and operated in consultation with kinship caregivers and organizations representing them, youth raised by kinship caregivers, relevant governmental agencies, and relevant community-based or faith-based organizations; 3. Has a toll-free telephone hotline to provide information to link kinship caregivers, kinship support group facilitators, and kinship service providers to: a. One another; b. Eligibility and enrollment information for federal, state, and local benefits; c. Relevant training to assist kinship caregivers in caregiving and in obtaining benefits and services; and d. Relevant knowledge related to legal options available for child custody, other legal assistance, and help in obtaining legal services. 4. Provides outreach to kinship care families, including by establishing, distributing, and updating a kinship care website, or other relevant guides or outreach materials; and 5. Promotes partnerships between public and private agencies, including schools, community-based or faith-based organizations, and relevant governmental agencies, to increase their knowledge of the needs of kinship care families to promote better services for those families.

(3) RULEMAKING. — The department may adopt rules to implement this section.

History: s. 3, ch. 2018-108; s. 23, ch. 2019-3; s. 7, ch. 2019-142; s. 15, ch. 2021-170.
Fla. Stat. § 655.964 — Florida Code / Title XXXVIII / Chapter 655 / Section 655.964
655.964 Application.
Status: in_force

(1) The provisions of ss. 655.961 and 655.962 do not apply to any automated teller machine which is: (a) Located inside of a building, unless it is a freestanding installation which exists for the sole purpose of providing an enclosure for the automated teller machine. (b) Located inside a building, except to the extent a transaction can be conducted from outside the building. (c) Located in any area, including any access area, building, enclosed space, or parking area which is not controlled by the operator.

(2) The provisions of ss. 655.960-655.965 shall not be construed to create any duty, responsibility, or obligation for any person or entity whose primary function is to provide for the exchange, transfer, or dissemination of electronic funds transfer data and is not otherwise a financial institution, as defined in s. 655.005, or an operator.

History: s. 1, ch. 94-343.
Fla. Stat. § 563.05 — Florida Code / Title XXXIV / Chapter 563 / Section 563.05
563.05 Excise taxes on malt beverages.
Status: in_force

As to malt beverages containing 0.5 percent or more of alcohol by volume, there shall be paid by all manufacturers, distributors, and vendors, as herein defined, a tax of 48 cents per gallon upon all such beverages in bulk or in kegs or barrels; and, when such beverages are sold in containers of less than 1 gallon, the tax will be 6 cents on each pint or fraction thereof in the container. However, the excise taxes required to be paid by this section upon malt beverages are not required to be paid upon such beverages when they are sold to post exchanges, ship service stores, and base exchanges located in military, naval, or air force reservations within this state.

History: s. 3, ch. 72-230; s. 1, ch. 77-407; s. 12, ch. 83-349; s. 7, ch. 84-262; s. 9, ch. 86-269.
Fla. Stat. § 501.213 — Florida Code / Title XXXIII / Chapter 501 / Part II / Section 501.213
501.213 Effect on other remedies.
Status: in_force

(1) The remedies of this part are in addition to remedies otherwise available for the same conduct under state or local law.

(2) This part is supplemental to, and makes no attempt to preempt, local consumer protection ordinances not inconsistent with this part.

History: s. 1, ch. 73-124.
Fla. Stat. § 501.041 — Florida Code / Title XXXIII / Chapter 501 / Part I / Section 501.041
501.041 Home solicitation sale; restoration of down payment.
Status: in_force

Within 10 days after a home solicitation sale has been canceled or an offer to purchase revoked, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement. Until the seller has complied with the obligations imposed by this section, the buyer may retain possession of goods delivered to her or him by the seller and has a lien on the goods in her or his possession or control for any recovery to which she or he is entitled.

History: s. 6, ch. 70-363; s. 2, ch. 85-5; s. 613, ch. 97-103.
Fla. Stat. § 1012.51 — Florida Code / Title XLVIII / Chapter 1012 / Part III / Section 1012.51
1012.51 Legislative intent; declaration.
Status: in_force

It is the intent and purpose of the Legislature that the practice of teaching in the public school system and its related services, including administering and supervisory services, shall be designated as professional services. Teaching is hereby declared to be a profession in Florida, with similar rights, responsibilities, and privileges accorded other legally recognized professions.

History: s. 723, ch. 2002-387.
Fla. Stat. § 678.4071 — Florida Code / Title XXXIX / Chapter 678 / Part IV / Section 678.4071
678.4071 Authenticating trustee, transfer agent, and registrar.
Status: in_force

A person acting as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of a transfer of its securities, in the issue of new security certificates or uncertificated securities, or in the cancellation of surrendered security certificates has the same obligation to the holder or owner of a certificated or uncertificated security with regard to the particular functions performed as the issuer has in regard to those functions.

History: s. 4, ch. 98-11.
Fla. Stat. § 520.75 — Florida Code / Title XXXIII / Chapter 520 / Part V / Section 520.75
520.75 Buyer’s waiver of statutory protection.
Status: in_force

No act, agreement, or statement of any buyer under a home improvement contract shall constitute a valid waiver of any provision of this act intended for the benefit or protection of the buyer.

History: s. 1, ch. 69-44; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 80-256; s. 2, ch. 81-318; ss. 35, 36, ch. 90-103; s. 4, ch. 91-429.
Fla. Stat. § 403.516 — Florida Code / Title XXIX / Chapter 403 / Part II / Section 403.516
403.516 Modification of certification.
Status: in_force

(1) A certification may be modified after issuance in any one of the following ways: (a) The board may delegate to the department the authority to modify specific conditions in the certification. (b)1. The department may modify specific conditions of a certification which are inconsistent with the terms of any federally delegated or approved permit for the certified electrical power plant. 2. Such modification may be made without further notice if the matter has been previously noticed under the requirements for any federally delegated or approved permit program. (c) The licensee may file a petition for modification with the department, or the department may initiate the modification upon its own initiative. 1. A petition for modification must set forth: a. The proposed modification. b. The factual reasons asserted for the modification. c. The anticipated environmental effects of the proposed modification. 2. The department may modify the terms and conditions of the certification if no party to the certification hearing objects in writing to such modification within 45 days after notice by mail to such party’s last address of record, and if no other person whose substantial interests will be affected by the modification objects in writing within 30 days after issuance of public notice. 3. If objections are raised or the department denies the request, the applicant or department may file a request for a hearing on the modification with the department. Such request shall be handled pursuant to chapter 120. 4. Requests referred to the Division of Administrative Hearings shall be disposed of in the same manner as an application, but with time periods established by the administrative law judge commensurate with the significance of the modification requested. (d) As required by s. 403.511(5).

(2) Any agreement or modification under this section must be in accordance with the terms of this act. No modification to a certification shall be granted that constitutes a variance from standards or regulations of the department applicable under any federally delegated or approved permit program, except as expressly allowed in such program.

History: s. 13, ch. 76-76; s. 10, ch. 81-131; s. 30, ch. 86-186; s. 21, ch. 90-331; s. 9, ch. 92-132; s. 143, ch. 96-410; s. 38, ch. 2006-230; s. 81, ch. 2008-227.
Fla. Stat. § 1001.464 — Florida Code / Title XLVIII / Chapter 1001 / Part II / Section 1001.464
1001.464 District school superintendent to devote full time to office.
Status: in_force

The position of district school superintendent shall be considered a full-time position.

History: s. 66, ch. 2002-387.