FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 726.105 — Florida Code / Title XLI / Chapter 726 / Section 726.105
726.105 Transfers fraudulent as to present and future creditors.
Status: in_force

(1) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (a) With actual intent to hinder, delay, or defraud any creditor of the debtor; or (b) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: 1. Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or 2. Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.

(2) In determining actual intent under paragraph (1)(a), consideration may be given, among other factors, to whether: (a) The transfer or obligation was to an insider. (b) The debtor retained possession or control of the property transferred after the transfer. (c) The transfer or obligation was disclosed or concealed. (d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit. (e) The transfer was of substantially all the debtor’s assets. (f) The debtor absconded. (g) The debtor removed or concealed assets. (h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred. (i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred. (j) The transfer occurred shortly before or shortly after a substantial debt was incurred. (k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.

History: s. 5, ch. 87-79; s. 937, ch. 97-102.
Fla. Stat. § 16.714 — Florida Code / Title IV / Chapter 16 / Section 16.714
16.714 Florida Gaming Control Commission background screening requirements; investigations by the Division of Gaming Enforcement.
Status: in_force

(1) LEVEL 2 BACKGROUND SCREENINGS. — The Department of Law Enforcement shall, at the request of the Division of Gaming Enforcement, perform a level 2 background screening pursuant to chapter 435 on an employee of the division and on any other employee of the commission for which the commission deems a level 2 background screening necessary, including applicants for employment. The commission shall reimburse the Department of Law Enforcement for the actual costs of such investigations.

(2) LEVEL 1 BACKGROUND SCREENINGS. — The Department of Law Enforcement shall, at the request of the division, perform a level 1 background screening pursuant to chapter 435 on any employee of the commission, including applicants for employment, who is not listed in subsection (1).

(3) INVESTIGATIONS. — The division shall conduct investigations of members and employees of the commission, including applicants for contract or employment, as are necessary to ensure the security and integrity of gaming operations in this state. The commission may require persons subject to such investigations to provide such information, including fingerprints, as is needed by the Department of Law Enforcement for processing or as is otherwise necessary to facilitate access to state and federal criminal history information.

History: s. 6, ch. 2021-269.
Fla. Stat. § 717.1244 — Florida Code / Title XL / Chapter 717 / Section 717.1244
717.1244 Determinations of unclaimed property claims.
Status: in_force

In rendering a determination regarding the merits of an unclaimed property claim, the department shall rely on the applicable statutory, regulatory, common, and case law. Agency statements applying the statutory, regulatory, common, and case law to unclaimed property claims are not agency statements subject to s. 120.56(4).

History: s. 127, ch. 2004-390.
Fla. Stat. § 943.17297 — Florida Code / Title XLVII / Chapter 943 / Section 943.17297
943.17297 Training in identifying and investigating human trafficking.
Status: in_force

Each certified law enforcement officer must successfully complete 4 hours of training in identifying and investigating human trafficking as part of the basic recruit training of the officer required in s. 943.13(9) or additional training required in s. 943.131(4). The training must be developed by the commission in consultation with the Department of Legal Affairs and the Statewide Council on Human Trafficking.

History: s. 9, ch. 2019-152; s. 6, ch. 2023-86.
Fla. Stat. § 175.051 — Florida Code / Title XII / Chapter 175 / Section 175.051
175.051 Actuarial deficits not state obligation.
Status: in_force

For any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, or local law plan under this chapter, actuarial deficits, if any, arising under this chapter shall not be the obligation of the state.

History: s. 1, ch. 63-249; s. 4, ch. 99-1.
Fla. Stat. § 316.2385 — Florida Code / Title XXIII / Chapter 316 / Section 316.2385
316.2385 Requirements for use of lower beam.
Status: in_force

The lower or passing beam shall be used at all times during the twilight hours in the morning and the twilight hours in the evening, and during fog, smoke and rain. Twilight shall mean the time between sunset and full night or between full night and sunrise. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History: s. 1, ch. 71-135; s. 91, ch. 73-333; s. 1, ch. 76-31; s. 188, ch. 99-248.
Fla. Stat. § 490.0145 — Florida Code / Title XXXII / Chapter 490 / Section 490.0145
490.0145 The practice of juvenile sexual offender therapy.
Status: in_force

Only a person licensed by this chapter who meets the qualifications set by the board may hold himself or herself out as a juvenile sexual offender therapist, except as provided in s. 491.0144. These qualifications shall be determined by the board. The board shall require training and coursework in the specific areas of juvenile sexual offender behaviors, treatments, and related issues. In establishing these qualifications, the board may refer to the sexual disorder and dysfunction sections of the most current edition of the Diagnostic and Statistical Manual of the American Psychiatric Association, Association for the Treatment of Sexual Abusers Practitioner’s Handbook, or other relevant publications.

History: s. 3, ch. 98-158.
Fla. Stat. § 631.812 — Florida Code / Title XXXVII / Chapter 631 / Part IV / Section 631.812
631.812 Purpose; construction.
Status: in_force

The purpose of this part is to protect the subscribers of HMOs, subject to certain limitations, against the failure of the HMO to perform its contractual obligations due to its insolvency. This part shall be liberally interpreted to carry out its purpose.

History: ss. 1, 23, ch. 88-388; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
Fla. Stat. § 490.0111 — Florida Code / Title XXXII / Chapter 490 / Section 490.0111
490.0111 Sexual misconduct.
Status: in_force

Sexual misconduct by any person licensed under this chapter, in the practice of her or his profession, is prohibited. Sexual misconduct shall be defined by rule.

History: ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 9, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 502, ch. 97-103.
Fla. Stat. § 607.0804 — Florida Code / Title XXXVI / Chapter 607 / Part I / Section 607.0804
607.0804 Election of directors by certain voting groups; special voting rights of certain directors.
Status: in_force

The articles of incorporation may confer upon holders of any voting group the right to elect one or more directors who shall serve for such term and have such voting powers as are stated in the articles of incorporation. The terms of office and voting powers of the directors elected in the manner provided in the articles of incorporation may be greater than or less than those of any other director or class of directors. If the articles of incorporation provide that directors elected by the holders of a voting group shall have more or less than one vote per director on any matter, every reference in this chapter to a majority or other proportion of directors shall refer to a majority or other proportion of the votes of such directors. If a shareholders’ agreement meeting the requirements of s. 607.0732, or articles of incorporation or bylaws meeting the requirements of s. 607.0732, provide that directors shall have more or less than one vote per director on any matter, every reference in this chapter to a majority or other proportion of directors shall refer to a majority or other proportion of the votes of such directors.

History: s. 71, ch. 89-154; s. 22, ch. 93-281; s. 86, ch. 2019-90.
Fla. Stat. § 173.01 — Florida Code / Title XII / Chapter 173 / Section 173.01
173.01 Foreclosure of municipal tax certificates authorized.
Status: in_force

The lien of any and all taxes, except those ad valorem taxes collectible by the county tax collector, tax certificates, and special assessments imposed by any incorporated city or town in the state upon real estate may be foreclosed by such city or town by suit in chancery. The practice, pleading, and procedure in any such suit shall be in substantial accordance with the practice, pleading, and procedure for the foreclosure of mortgages of real estate, except as herein otherwise provided.

History: s. 1, ch. 15038, 1931; CGL 1936 Supp. 3004(2); s. 31, ch. 73-332.
Fla. Stat. § 472.0355 — Florida Code / Title XXXII / Chapter 472 / Section 472.0355
472.0355 Disciplinary guidelines.
Status: in_force

(1) The board by rule shall adopt and periodically review the disciplinary guidelines applicable to each ground for disciplinary action which may be imposed by the board pursuant to this chapter and any rule of the board or department.

(2) The disciplinary guidelines shall specify a meaningful range of designated penalties based upon the severity and repetition of specific offenses, it being the legislative intent that minor violations be distinguished from those which endanger the public health, safety, or welfare; that such guidelines provide reasonable and meaningful notice to the public of likely penalties which may be imposed for proscribed conduct; and that such penalties be consistently applied by the board.

(3) A specific finding of mitigating or aggravating circumstances shall allow the board to impose a penalty other than that provided for in such guidelines. If applicable, the board shall adopt by rule disciplinary guidelines to designate possible mitigating and aggravating circumstances and the variation and range of penalties permitted for such circumstances.

(4) The department must review such disciplinary guidelines for compliance with the legislative intent as set forth herein to determine whether the guidelines establish a meaningful range of penalties and may also challenge such rules pursuant to s. 120.56.

(5) The administrative law judge, in recommending penalties in any recommended order, must follow the penalty guidelines established by the board or department and must state in writing the mitigating or aggravating circumstances upon which the recommended penalty is based.

History: s. 27, ch. 2009-66.
Fla. Stat. § 296.15 — Florida Code / Title XX / Chapter 296 / Part I / Section 296.15
296.15 Gifts, grants, and endowments to the home.
Status: in_force

The home may receive and accept gifts, grants, and endowments in the name of the home. All such gifts, grants, and endowments are to be used for the benefit of the home and its residents. The administrator, together with the director, shall determine how these gifts, grants, and endowments could best benefit the home and its residents unless the benefactor requests or instructs that the gift, grant, or endowment be used for a specific purpose.

History: s. 8, ch. 89-168; s. 13, ch. 98-16.
Fla. Stat. § 1009.975 — Florida Code / Title XLVIII / Chapter 1009 / Part IV / Section 1009.975
1009.975 Payroll deduction authority.
Status: in_force

The state or any state agency, county, municipality, or other political subdivision may, by contract or collective bargaining agreement, agree with any employee to remit payments toward advance payment contracts or participation agreements through payroll deductions made by the appropriate officer or officers of the state, state agency, county, municipality, or political subdivision. Such payments shall be held and administered in accordance with ss. 1009.97-1009.984.

History: s. 486, ch. 2002-387.
Fla. Stat. § 561.58 — Florida Code / Title XXXIV / Chapter 561 / Section 561.58
561.58 Issuance of license for a prior license revoked.
Status: in_force

When a license is revoked by the division, it may prohibit or permit a license to be issued for the location of the place of business formerly operated under such revoked license. The maximum period of time that any such license shall be prohibited by the division from any such place of business shall be 2 years from the succeeding license renewal date as fixed by the division following such revocation.

History: s. 7, ch. 20830, 1941; s. 18, ch. 25359, 1949; ss. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 12, ch. 81-158.
Fla. Stat. § 517.275 — Florida Code / Title XXXIII / Chapter 517 / Section 517.275
517.275 Commodities; prohibited practices.
Status: in_force

It is unlawful and a violation of this chapter for any person to engage in any act or practice in or from this state, which act or practice constitutes a violation of any provision of the Commodity Exchange Act, 7 U.S.C. ss. 1 et seq., as amended, or the rules and regulations of the Commodity Futures Trading Commission adopted under that act as amended.

History: ss. 12, 15, ch. 84-159; ss. 14, 15, ch. 90-362; s. 4, ch. 91-429; s. 13, ch. 2009-242.
Fla. Stat. § 414.14 — Florida Code / Title XXX / Chapter 414 / Section 414.14
414.14 Public assistance policy simplification.
Status: in_force

To the extent possible, the department shall align the requirements for eligibility under this chapter with the food assistance program and medical assistance eligibility policies and procedures to simplify the budgeting process and reduce errors. If the department determines that s. 414.075, relating to resources, or s. 414.085, relating to income, is inconsistent with federal law governing the food assistance program or medical assistance, and that conformance to federal law would simplify administration of the Temporary Cash Assistance Program or reduce errors without materially increasing the cost of the program to the state, the secretary of the department may propose a change in the resource or income requirements of the program by rule.

History: s. 6, ch. 89-334; s. 18, ch. 96-175; s. 133, ch. 2010-102; s. 20, ch. 2010-209.
Fla. Stat. § 125.82 — Florida Code / Title XI / Chapter 125 / Part IV / Section 125.82
125.82 Charter adoption by ordinance.
Status: in_force

(1) As a supplemental and alternative way to the provisions of ss. 125.60-125.64, inclusive, the board of county commissioners may propose by ordinance a charter consistent with the provisions of this part and provide for a special election pursuant to the procedures established in s. 101.161(1) with notice published as provided in s. 100.342. The time period provided in s. 125.64 does not apply to the proposal of a charter by ordinance under this section.

(2) Any charter proposed under this section which was adopted by vote of the electors at an election conducted and noticed in conformance with the requirements of ss. 100.342 and 101.161(1) is hereby ratified.

History: s. 2, ch. 74-193; ss. 1, 2, ch. 88-38.
Fla. Stat. § 213.733 — Florida Code / Title XIV / Chapter 213 / Section 213.733
213.733 Satisfaction of warrant.
Status: in_force

If a warrant is filed in the public records for any tax administered by the department and the department is satisfied that no tax liability exists or that the tax liability has been discharged or provided for or the warrant has become unenforceable or was filed in error, the department shall cancel the warrant, amend or modify any portion of it, and refile it in the public records, making specific reference to the fact that the warrant was filed in error. An amendment or modification does not affect the priority of the original warrant. At the written request of the taxpayer, the department shall furnish a credit agency specified by the taxpayer a copy of the cancellation, amendment, or modification of the warrant.

History: s. 8, ch. 92-315.
Fla. Stat. § 397.6772 — Florida Code / Title XXIX / Chapter 397 / Part V / Section 397.6772
397.6772 Protective custody without consent.
Status: in_force

(1) If a person in circumstances which justify protective custody as described in s. 397.677 fails or refuses to consent to assistance and a law enforcement officer has determined that a hospital or a licensed detoxification or addictions receiving facility is the most appropriate place for the person, the officer may, after giving due consideration to the expressed wishes of the person: (a) Take the person to a hospital or to a licensed detoxification or addictions receiving facility against the person’s will but without using unreasonable force. The officer shall use the standard form developed by the department pursuant to s. 397.321 to execute a written report detailing the circumstances under which the person was taken into custody. The report must include all emergency contact information for the person that is readily accessible to the law enforcement officer, including information available through electronic databases maintained by the Department of Law Enforcement or by the Department of Highway Safety and Motor Vehicles. Such emergency contact information may be used by a hospital or licensed detoxification or addictions receiving facility only for the purpose of informing listed emergency contacts of a patient’s whereabouts pursuant to s. 119.0712(2)(d). The written report shall be included in the patient’s clinical record; or (b) In the case of an adult, detain the person for his or her own protection in any municipal or county jail or other appropriate detention facility. Such detention is not to be considered an arrest for any purpose, and no entry or other record may be made to indicate that the person has been detained or charged with any crime. The officer in charge of the detention facility must notify the nearest appropriate licensed service provider within the first 8 hours after detention that the person has been detained. It is the duty of the detention facility to arrange, as necessary, for transportation of the person to an appropriate licensed service provider with an available bed. Persons taken into protective custody must be assessed by the attending physician within the 72-hour period and without unnecessary delay, to determine the need for further services.

(2) The law enforcement officer must notify the nearest relative of a minor in protective custody and must notify the nearest relative or other known emergency contact of an adult, unless the adult requests that there be no notification. The law enforcement officer must document such notification, and any attempts at notification, in the written report detailing the circumstances under which the person was taken into custody as required under paragraph (1)(a).

History: s. 6, ch. 93-39; s. 741, ch. 95-148; s. 24, ch. 2016-241; s. 10, ch. 2022-36.
Fla. Stat. § 689.18 — Florida Code / Title XL / Chapter 689 / Section 689.18
689.18 Reverter or forfeiture provisions, limitations; exceptions.
Status: in_force

(1) It is hereby declared by the Legislature of the state that reverter or forfeiture provisions of unlimited duration in the conveyance of real estate or any interest therein in the state constitute an unreasonable restraint on alienation and are contrary to the public policy of the state.

(2) All reverter or forfeiture provisions of unlimited duration embodied in any plat or deed executed more than 21 years prior to the passage of this law conveying real estate or any interest therein in the state, be and the same are hereby canceled and annulled and declared to be of no further force and effect.

(3) All reverter provisions in any conveyance of real estate or any interest therein in the state, now in force, shall cease and terminate and become null, void, and unenforceable 21 years from the date of the conveyance embodying such reverter or forfeiture provision.

(4) No reverter or forfeiture provision contained in any deed conveying real estate or any interest therein in the state, executed on and after July 1, 1951, shall be valid and binding more than 21 years from the date of such deed, and upon the expiration of such period of 21 years, the reverter or forfeiture provision shall become null, void, and unenforceable.

(5) Any and all conveyances of real property in this state heretofore or hereafter made to any governmental, educational, literary, scientific, religious, public utility, public transportation, charitable or nonprofit corporation or association are hereby excepted from the provisions of this section.

(6) Any holder of a possibility of reverter who claims title to any real property in the state, or any interest therein by reason of a reversion or forfeiture under the terms or provisions of any deed heretofore executed and delivered containing such reverter or forfeiture provision shall have 1 year from July 1, 1951, to institute suit in a court of competent jurisdiction in this state to establish or enforce such right, and failure to institute such action within said time shall be conclusive evidence of the abandonment of any such right, title, or interest, and all right of forfeiture or reversion shall thereupon cease and determine, and become null, void, and unenforceable.

(7) This section shall not vary, alter, or terminate the restrictions placed upon said real estate, contained either in restrictive covenants or reverter or forfeiture clauses, and all said restrictions may be enforced and violations thereof restrained by a court of competent jurisdiction whenever any one of said restrictions or conditions shall be violated, or threat to violate the same be made by owners or parties in possession or control of said real estate, by an injunction which may be issued upon petition of any person adversely affected, mandatorily requiring the abatement of such violations or threatened violation and restraining any future violation of said restrictions and conditions.

History: ss. 1, 2, 3, 4, 5, 6, 7, ch. 26927, 1951; s. 218, ch. 77-104.
Fla. Stat. § 525.02 — Florida Code / Title XXXIII / Chapter 525 / Section 525.02
525.02 Analyses of petroleum fuel.
Status: in_force

The department shall collect samples of any petroleum fuel sold, offered, or exposed for sale in this state. Collected samples will be analyzed by the department. The certificate of analysis by the department shall be prima facie evidence in any court of law or equity in this state.

History: s. 2, ch. 7905, 1919; CGL 3957; ss. 14, 35, ch. 69-106; s. 68, ch. 92-291.
Fla. Stat. § 55.04 — Florida Code / Title VI / Chapter 55 / Section 55.04
55.04 Judgments; rate of interest, bonds of county, etc.
Status: in_force

All judgments and decrees rendered on any bonds or other written evidence of debt of any county, special road and bridge districts or any county for the use and benefit of any special road and bridge districts or incorporated city or town or taxing district bear interest at the rate of 5 percent a year. When a judgment or decree is rendered on a bond or other written evidence of debt providing for a lesser rate of interest, the judgment or decree bears interest at the rate specified in such bond or other written evidence of debt.

History: s. 1, ch. 16835, 1935; CGL 1936 Supp. 4493(1); s. 9, ch. 67-254.