FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 501.33 — Florida Code / Title XXXIII / Chapter 501 / Part III / Section 501.33
501.33 Disclosure.
Status: in_force

In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer or the repair facility, or both, shall clearly identify each such part. A disclosure shall be attached to, or included in, the estimate and shall contain the following information in no smaller than 10-point type: THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE.

History: s. 4, ch. 89-241.
Fla. Stat. § 379.411 — Florida Code / Title XXVIII / Chapter 379 / Part VIII / Section 379.411
379.411 Intentional killing or wounding of any species designated as endangered, threatened, or of special concern; penalties.
Status: in_force

A person may not intentionally kill or wound any fish or wildlife species designated by the commission as endangered, threatened, or of special concern, or intentionally destroy the eggs or nest of any such fish or wildlife, unless authorized by rules of the commission. A person who violates this section commits a Level Four violation under s. 379.401.

History: s. 4, ch. 91-134; s. 244, ch. 94-356; s. 48, ch. 99-245; s. 178, ch. 2008-247; s. 23, ch. 2016-107.
Fla. Stat. § 628.725 — Florida Code / Title XXXVII / Chapter 628 / Part III / Section 628.725
628.725 Notice of change of director or officer.
Status: in_force

A mutual insurance holding company shall give the office written notice of any change of personnel among the directors or principal officers of the mutual insurance holding company within 45 days after such change. The written notice shall include all information necessary to allow the office to determine that the mutual insurance holding company’s subsidiary stock insurers will be in compliance with s. 624.404(3) and, at a minimum, shall contain information similar to the information required by s. 628.051(2)(b), (c), and (d) for directors of insurance companies.

History: s. 1, ch. 97-216; s. 1305, ch. 2003-261.
Fla. Stat. § 627.981 — Florida Code / Title XXXVII / Chapter 627 / Part XXI / Section 627.981
627.981 Scope of part.
Status: in_force

This part applies to all mortgage insurance offered, issued, or delivered in this state, by mail or otherwise, in connection with consolidations.

History: ss. 1, 2, ch. 90-149; s. 114, ch. 92-318.
Fla. Stat. § 258.36 — Florida Code / Title XVIII / Chapter 258 / Part II / Section 258.36
258.36 Legislative intent.
Status: in_force

It is the intent of the Legislature that the state-owned submerged lands in areas which have exceptional biological, aesthetic, and scientific value, as hereinafter described, be set aside forever as aquatic preserves or sanctuaries for the benefit of future generations.

History: s. 1, ch. 75-172.
Fla. Stat. § 455.2228 — Florida Code / Title XXXII / Chapter 455 / Section 455.2228
455.2228 Barbers and cosmetologists; instruction on HIV and AIDS.
Status: in_force

(1) The board, or the department where there is no board, shall require each person licensed or certified under chapter 476 or chapter 477 to complete a continuing educational course approved by the board, or the department where there is no board, on human immunodeficiency virus and acquired immune deficiency syndrome as part of biennial relicensure or recertification. The course shall consist of education on modes of transmission, infection control procedures, clinical management, and prevention of human immunodeficiency virus and acquired immune deficiency syndrome, with an emphasis on appropriate behavior and attitude change.

(2) When filing fees for each biennial renewal, each licensee shall submit confirmation of having completed said course, on a form provided by the board or by the department if there is no board. At the time of the subsequent biennial renewal when coursework is to be completed, if the licensee has not submitted confirmation which has been received and recorded by the board, or department if there is no board, the department shall not renew the license.

(3) The board, or the department where there is no board, shall have the authority to approve additional equivalent courses that may be used to satisfy the requirements in subsection (1).

(4) As of December 31, 1992, the board, or the department where there is no board, shall require, as a condition of granting a license under any of the chapters or parts thereof specified in subsection (1), that an applicant making initial application for licensure complete an educational course acceptable to the board, or the department where there is no board, on human immunodeficiency virus and acquired immune deficiency syndrome. An applicant who has not taken a course at the time of licensure shall, upon an affidavit showing good cause, be allowed 6 months to complete this requirement.

(5) The board, or the department where there is no board, shall have the authority to adopt rules to carry out the provisions of this section.

(6) Any professional holding two or more licenses subject to the provisions of this section shall be permitted to show proof of having taken one board-approved course, or one department-approved course where there is no board, on human immunodeficiency virus and acquired immune deficiency syndrome, for purposes of relicensure or recertification for additional licenses.

History: s. 11, ch. 89-350; ss. 73, 74, ch. 91-297; s. 16, ch. 95-388; s. 18, ch. 97-261; s. 147, ch. 2010-102.
Fla. Stat. § 159.802 — Florida Code / Title XI / Chapter 159 / Part VI / Section 159.802
159.802 Purpose; legislative findings and intent.
Status: in_force

(1) The purpose of this part is to allocate the state volume limitation imposed on private activity bonds under s. 146 of the Code. A private activity bond subject to the limitation in s. 146 of the Code may not be issued in this state unless a confirmation therefor is issued pursuant to this part.

(2) The Legislature finds and declares that private activity bonds are used to finance improvements, projects, and programs that serve important public purposes and benefit the social and economic well-being of the people of this state. The Legislature recognizes that the exemption of interest on private activity bonds from federal income taxation and the concomitant reduced interest costs have been central to the marketability of such bonds.

(3) It is the intent of the Legislature that issuers use the state volume limitation in such a manner as to maximize the amount of private activity bonds that may be issued in this state which will benefit the social and economic well-being of the people of this state by increasing the number of improvements, projects, and programs that may be financed in a given year and that, to the extent that any portion of state volume limitation allocated to an issuer is carried forward, it be used to issue private activity bonds before its expiration.

History: s. 1, ch. 85-282; s. 1, ch. 87-222; s. 2, ch. 2024-220.
Fla. Stat. § 30.03 — Florida Code / Title V / Chapter 30 / Section 30.03
30.03 Obligation of sureties.
Status: in_force

Each surety upon such bond may bind himself or herself for a specified sum, but the aggregate amount for which the sureties may bind themselves shall not be less than the penalty of the bond.

History: s. 9, ch. 3724, 1887; RS 1238; GS 1667; RGS 2872; CGL 4569; s. 2, ch. 17754, 1937; s. 1, ch. 20719, 1941; s. 173, ch. 95-147.
Fla. Stat. § 39.825 — Florida Code / Title V / Chapter 39 / Part XI / Section 39.825
39.825 Petition for appointment of a guardian advocate.
Status: in_force

A petition for appointment of a guardian advocate may be filed by the department, any relative of the child, any licensed health care professional, or any other interested person. The petition shall be in writing and shall be signed by the petitioner under oath stating his or her good faith in filing the petition. The form of the petition and its contents shall be determined by the Florida Rules of Juvenile Procedure.

History: s. 2, ch. 89-345; s. 72, ch. 97-103; s. 106, ch. 98-403.
Fla. Stat. § 205.194 — Florida Code / Title XIV / Chapter 205 / Section 205.194
205.194 Prohibition of local business tax receipt without exhibition of state license or registration.
Status: in_force

(1) Any person applying for or renewing a local business tax receipt to practice any profession or engage in or manage any business or occupation regulated by the Department of Business and Professional Regulation, the Florida Supreme Court, or any other state regulatory agency, including any board or commission thereof, must exhibit an active state certificate, registration, or license, or proof of copy of the same, before such local receipt may be issued. Online renewals may provide for electronic certification by an applicant to meet this requirement.

(2) This section shall not apply to s. 489.113, s. 489.117, s. 489.119, s. 489.131, s. 489.511, s. 489.513, s. 489.521, or s. 489.537.

History: s. 34, ch. 85-175; s. 1, ch. 85-278; s. 12, ch. 94-218; s. 24, ch. 2006-152; s. 3, ch. 2011-78.
Fla. Stat. § 626.838 — Florida Code / Title XXXVII / Chapter 626 / Part IV / Section 626.838
626.838 Unlawful payment or sharing of commissions.
Status: in_force

(1) No health insurer or licensed health agent shall pay directly or indirectly any commission or other valuable consideration to any person for services as a health insurance agent within this state, unless such person holds a currently valid license and appointment to act as a health insurance agent as required by the laws of this state; except that a health insurer may pay such commission or other valuable consideration to, and a licensed and appointed health insurance agent may share any commission or other valuable consideration with, an incorporated insurance agency in which all employees, stockholders, directors, or officers who solicit, negotiate, or effectuate health insurance contracts are qualified health insurance agents holding currently valid licenses and appointments.

(2) No person other than a licensed and appointed health agent shall accept any such commission or other valuable consideration, except as provided in subsection (1).

(3) This section shall not prevent the payment or receipt of renewal or other deferred commissions or pensions to or by any person solely because such person has ceased to hold a license or appointment to act as a health insurance agent and shall not prevent the payment of renewal or other deferred commissions to any incorporated insurance agency solely because any of its stockholders has ceased to hold a license or appointment to act as a health insurance agent.

History: s. 313, ch. 59-205; s. 2, ch. 63-381; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 3, ch. 81-282; ss. 2, 3, ch. 81-318; ss. 269(1st), 271, 807, 810, ch. 82-243; ss. 116, 206, 207, ch. 90-363; s. 4, ch. 91-429.
Fla. Stat. § 1003.631 — Florida Code / Title XLVIII / Chapter 1003 / Part VI / Section 1003.631
1003.631 Schools of Excellence.
Status: in_force

The Schools of Excellence Program is established to provide administrative flexibility to the state’s top schools so that the instructional personnel and administrative staff at such schools can continue to serve their communities and increase student learning to the best of their professional ability.

(1) DESIGNATION. — (a) The State Board of Education shall designate a school as a School of Excellence if the school’s percentage of possible points earned in its school grade calculation is in the 80th percentile or higher for schools comprised of the same grade groupings, including elementary schools, middle schools, high schools, and schools with a combination of grade levels, for at least 2 of the last 3 school years. The school must have data for each applicable school grade component pursuant to s. 1008.34(3) to be eligible for designation as a School of Excellence. A qualifying school shall retain the designation as a School of Excellence for up to 3 years, at the end of which time the school may renew the designation, if: 1. The school was in the 80th percentile or higher pursuant to this subsection for 2 of the previous 3 years; and 2. The school did not receive a school grade lower than “B” pursuant to s. 1008.34 during any of the previous 3 years. (b) A school that earns a school grade lower than “B” pursuant to s. 1008.34 during the 3-year period may not continue to be designated as a School of Excellence during the remainder of that 3-year period and loses the administrative flexibilities provided in subsection (2).

(2) ADMINISTRATIVE FLEXIBILITIES. — A School of Excellence must be provided the following administrative flexibilities: (a) Exemption from any provision of law or rule that expressly requires a minimum period of daily or weekly instruction in reading. (b) Principal autonomy as provided under s. 1012.28(8). (c) For instructional personnel, the substitution of 1 school year of employment at a School of Excellence for 20 inservice points toward the renewal of a professional certificate, up to 60 inservice points in a 5-year cycle, pursuant to s. 1012.585(3). (d) Exemption from compliance with district policies or procedures that establish times for the start and completion of the school day. (e) Calculation for compliance with maximum class size pursuant to s. 1003.03(4) based on the average number of students at the school level.

History: s. 7, ch. 2017-116.
Fla. Stat. § 800.05 — Florida Code / Title XLVI / Chapter 800 / Section 800.05
800.05 Forfeiture of retirement benefits for a felony defined in s. 800.04.
Status: in_force

The retirement benefits of a person convicted of a felony committed on or after October 1, 2008, defined in s. 800.04 are subject to forfeiture in accordance with s. 112.3173 or s. 121.091 if the person is a public officer or employee when the offense occurs; the person commits the offense through the use or attempted use of power, rights, privileges, duties, or position of the person’s public office or employment position; and the victim is younger than 16 years of age when the offense occurs.

History: s. 6, ch. 2008-108.
Fla. Stat. § 215.06 — Florida Code / Title XIV / Chapter 215 / Section 215.06
215.06 Certified accounts of delinquents as evidence.
Status: in_force

In every case of delinquency, where suit has been or shall be instituted, the certified statement provided for in s. 215.05, shall be admitted as evidence and shall be prima facie proof of the facts therein stated. All copies of bonds, contracts, or other papers relating to or connected with the settlement of any account between the state and an individual, when certified as aforesaid to be true copies of the original, may be annexed to such statement aforesaid, and shall have equal validity and be entitled to the same degree of credit which would be due to the original papers if produced and authenticated in court; provided, where suit is brought upon a bond or other sealed instrument, and the defendant shall plead non est factum, or upon motion to the court, such plea or motion being verified by the oath of the defendant, it is lawful for the court to take the same into consideration, and, if it shall appear necessary for the attainment of justice, to require the production of the original bond, contract, or other paper specified in such affidavit.

History: s. 2, Feb. 10, 1832; RS 409; GS 601; RGS 1036; CGL 1347.
Fla. Stat. § 295.13 — Florida Code / Title XX / Chapter 295 / Section 295.13
295.13 Disability of minority of veterans and spouse removed, benefits under Servicemen’s Readjustment Act.
Status: in_force

The disability of minority of any person otherwise eligible for a loan, or guaranty or insurance of a loan, pursuant to chapter 37 of Title 38 U.S.C., “Home, Farm and Business Loans,” and the disability of the minor spouse of any eligible veteran, in connection with any transaction entered into pursuant to that Act of the Congress, as heretofore or hereafter amended, shall not affect the binding effect of any obligation incurred by such eligible person or spouse as an incident to any such transaction, including incurring of indebtedness and acquiring, encumbering, selling, releasing, or conveying property, or any interest therein, if all or part of any such obligation is guaranteed or insured by the United States Government or the United States Department of Veterans Affairs pursuant to such act and amendments thereto; or if the United States Department of Veterans Affairs is the creditor, by reason of a loan or a sale pursuant to such act and amendments. This section does not create, or render enforceable, any other or greater rights or liabilities than would exist if neither such person nor such spouse were a minor.

History: s. 1, ch. 28204, 1953; s. 24, ch. 69-353; s. 18, ch. 84-114; s. 55, ch. 2020-2.
Fla. Stat. § 744.619 — Florida Code / Title XLIII / Chapter 744 / Part VIII / Section 744.619
744.619 Bond of guardian.
Status: in_force

When the appointment of a guardian is made, the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum of the amount of moneys then due to the ward and the amount of moneys estimated to become payable during the ensuing year. The bond shall be in the form, and shall be conditioned, as required of guardians appointed under the general guardianship laws of this state. The court has the power to require, from time to time, the guardian to file an additional bond.

History: s. 8, ch. 14579, 1929; CGL 1936 Supp. 2146(9); s. 7, ch. 84-62.
Fla. Stat. § 429.12 — Florida Code / Title XXX / Chapter 429 / Part I / Section 429.12
429.12 Sale or transfer of ownership of a facility.
Status: in_force

It is the intent of the Legislature to protect the rights of the residents of an assisted living facility when the facility is sold or the ownership thereof is transferred. Therefore, in addition to the requirements of part II of chapter 408, whenever a facility is sold or the ownership thereof is transferred, including leasing:

(1) The transferee shall notify the residents, in writing, of the change of ownership within 7 days after receipt of the new license.

(2) The transferor of a facility the license of which is denied pending an administrative hearing shall, as a part of the written change-of-ownership contract, advise the transferee that a plan of correction must be submitted by the transferee and approved by the agency at least 7 days before the change of ownership and that failure to correct the condition which resulted in the moratorium pursuant to part II of chapter 408 or denial of licensure is grounds for denial of the transferee’s license.

History: ss. 45, 83, ch. 83-181; s. 7, ch. 87-371; s. 8, ch. 91-263; ss. 7, 38, 39, ch. 93-216; s. 772, ch. 95-148; s. 11, ch. 95-210; s. 6, ch. 95-418; ss. 2, 35, ch. 2006-197; s. 143, ch. 2007-230.
Fla. Stat. § 400.215 — Florida Code / Title XXIX / Chapter 400 / Part II / Section 400.215
400.215 Personnel screening requirement.
Status: in_force

(1) The agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.

(2) The agency shall, as allowable, reimburse nursing facilities for the cost of conducting background screening as required by this section. This reimbursement is not subject to any rate ceilings or payment targets in the Medicaid Reimbursement plan.

History: s. 2, ch. 98-248; s. 16, ch. 99-394; s. 96, ch. 2000-318; s. 72, ch. 2000-349; s. 10, ch. 2004-267; s. 28, ch. 2006-197; s. 6, ch. 2010-114.
Fla. Stat. § 83.45 — Florida Code / Title VI / Chapter 83 / Part II / Section 83.45
83.45 Unconscionable rental agreement or provision.
Status: in_force

(1) If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result.

(2) When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties, purpose, and effect to aid the court in making the determination.

History: s. 2, ch. 73-330.
Fla. Stat. § 112.021 — Florida Code / Title X / Chapter 112 / Part I / Section 112.021
112.021 Florida residence unnecessary.
Status: in_force

Except as expressly provided by law, there shall be no Florida residence requirement for any person as a condition precedent to employment by any county.

History: s. 3, ch. 69-20; s. 23, ch. 71-355; s. 25, ch. 79-190.
Fla. Stat. § 605.0713 — Florida Code / Title XXXVI / Chapter 605 / Section 605.0713
605.0713 Court proceedings.
Status: in_force

(1) A dissolved limited liability company that has filed or published a notice under s. 605.0712(1)(a) or (1)(b) may file an application with the circuit court in the applicable county, as defined in s. 605.0711(15), for a determination of the amount and form of security to be provided for payment of claims that are contingent, have not been made known to the company, or are based on an event occurring after the effective date of dissolution but which, based on the facts known to the dissolved company, are reasonably expected to arise after the effective date of dissolution. Security is not required for a claim that is, or is reasonably anticipated to be, barred under s. 605.0712.

(2) Within 10 days after filing an application under subsection (1), the dissolved limited liability company must give notice of the proceeding to each claimant holding a contingent claim known to the company.

(3) In a proceeding under this section, the court may appoint a guardian ad litem to represent all claimants whose identities are unknown. The reasonable fees and expenses of the guardian ad litem, including all reasonable expert witness fees, must be paid by the dissolved limited liability company.

(4) A dissolved limited liability company that provides security in the amount and form ordered by the court under subsection (1) satisfies the company’s obligations with respect to claims that are contingent, have not been made known to the company, or are based on an event occurring after the effective date of dissolution, and such claims may not be enforced against a member or transferee that received assets in liquidation.

History: s. 2, ch. 2013-180.
Fla. Stat. § 903.16 — Florida Code / Title XLVII / Chapter 903 / Section 903.16
903.16 Deposit of money or bonds as bail.
Status: in_force

(1) A defendant who has been admitted to bail, or another person in the defendant’s behalf, may deposit with the official authorized to take bail money or nonregistered bonds of the United States, the state, or a city, town, or county in the state, equal in market value to the amount set in the order and the personal bond of the defendant and an undertaking by the depositor if the money or bonds are deposited by another. The sheriff or other officials may remit money or bonds received to the clerk to be held by the clerk pending court action or return to the defendant or depositor. The clerk shall accept money or bonds remitted by the sheriff.

(2) Consent is conclusively presumed for the clerk of the circuit court to sell bonds deposited as bail after forfeiture of the bond.

History: s. 59, ch. 19554, 1939; CGL 1940 Supp. 8663(59); s. 1, ch. 59-353; s. 26, ch. 70-339; s. 4, ch. 91-306; s. 1480, ch. 97-102.