FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 348.0303 — Florida Code / Title XXVI / Chapter 348 / Part I / Section 348.0303
348.0303 Definitions.
Status: in_force

As used in the this part, the term:

(1) “Agency” means the body politic, corporate, and agency of the state created by this part.

(2) “Agency of the state” means and includes the state and any department of, or corporation, agency, or instrumentality created, designated, or established by, the state.

(3) “Bonds” means and includes the notes, bonds, refunding bonds, or other evidences of indebtedness or obligations, in either temporary or definitive form, which the agency issues pursuant to this part.

(4) “County gasoline tax funds” means all of the 80-percent surplus gasoline tax funds accruing in each year to the department for use within the geographic boundaries of the agency under s. 9, Art. XII of the State Constitution, after the deduction of any amounts of such gasoline tax funds heretofore pledged by the department or a county for outstanding obligations.

(5) “Department” means the Department of Transportation.

(6) “Express written consent” means prior express written consent given in the form of a resolution adopted by a board of county commissioners.

(7) “Expressway” means a street or highway especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or easement of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. An expressway may be a facility from which trucks, buses, and other commercial vehicles are excluded or may be a facility open to use by all customary forms of street and highway traffic.

(8) “Expressway system” means any and all expressways which fall within the geographic boundaries of the agency established pursuant to this act and appurtenant facilities thereto, including but not limited to, all approaches, roads, bridges, and avenues of access for such expressway. The term includes a public transportation facility.

(9) “Federal agency” means and includes the United States, the President of the United States, and any department of, or corporation, agency, or instrumentality created, designated, or established by, the United States.

(10) “Members” means the governing body of the agency, and the term “member” means one of the individuals constituting such governing body.

(11) “Miami-Dade County Expressway Authority” means the state agency previously existing and originally established under the Florida Expressway Authority Act and subsequently dissolved by the Greater Miami Expressway Agency Act.

(12) “Public transportation facility” means real and personal property, structures, improvements, buildings, personnel, equipment, plants, vehicle parking or other facilities, rights-of-way, or any combination thereof used or useful for the purposes of transporting passengers by means of a street railway, elevated railway or guideway, subway, motor vehicle, motor bus, or any bus or other means of conveyance operating as a common carrier.

History: s. 14, ch. 2019-169; s. 21, ch. 2023-70.
Fla. Stat. § 491.0144 — Florida Code / Title XXXII / Chapter 491 / Section 491.0144
491.0144 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. 490.0145. 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. 5, ch. 98-158.
Fla. Stat. § 403.876 — Florida Code / Title XXIX / Chapter 403 / Part VI / Section 403.876
403.876 Grounds for disciplinary action.
Status: in_force

(1) The department shall establish the grounds for taking disciplinary action, including suspending or revoking a valid license, placing a licensee on probation, refusing to issue a license, refusing to renew a license, or refusing to reactivate a license, and the imposition of an administrative fine, not to exceed $1,000 per count or offense. The fines collected under this section shall be deposited into the Water Quality Assurance Trust Fund.

(2) The department shall conduct disciplinary proceedings in accordance with chapter 120.

(3) The department shall reissue the license of a disciplined operator when that operator has complied with all terms and conditions of the department’s final order.

History: s. 16, ch. 97-236; s. 26, ch. 2015-4.
Fla. Stat. § 877.13 — Florida Code / Title XLVI / Chapter 877 / Section 877.13
877.13 Educational institutions or school boards; penalty for disruption.
Status: in_force

(1) It is unlawful for any person: (a) Knowingly to disrupt or interfere with the lawful administration or functions of any educational institution, school board, or activity on school board property in this state. (b) Knowingly to advise, counsel, or instruct any school pupil or school employee to disrupt any school or school board function, activity on school board property, or classroom. (c) Knowingly to interfere with the attendance of any other school pupil or school employee in a school or classroom. (d) To conspire to riot or to engage in any school campus or school function disruption or disturbance which interferes with the educational processes or with the orderly conduct of a school campus, school, or school board function or activity on school board property.

(2) This section shall apply to all educational institutions, school boards, and functions or activities on school board property; however, nothing herein shall deny public employees the opportunity to exercise their rights pursuant to part II of chapter 447.

(3) Any person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History: s. 1, ch. 69-274; s. 1158, ch. 71-136; s. 1, ch. 73-177; s. 1, ch. 87-277.
Fla. Stat. § 784.075 — Florida Code / Title XLVI / Chapter 784 / Section 784.075
784.075 Battery on detention or commitment facility staff or a juvenile probation officer.
Status: in_force

A person who commits a battery on a juvenile probation officer, as defined in s. 985.03, on other staff of a detention center or facility as defined in s. 984.03 or s. 985.03, or on a staff member of a commitment facility as defined in s. 985.03, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this section, a staff member of the facilities listed includes persons employed by the Department of Juvenile Justice, persons employed at facilities licensed by the Department of Juvenile Justice, and persons employed at facilities operated under a contract with the Department of Juvenile Justice.

History: s. 13, ch. 93-230; s. 71, ch. 94-209; s. 21, ch. 95-152; s. 3, ch. 96-398; s. 49, ch. 98-280; s. 160, ch. 98-403; s. 97, ch. 99-3; s. 24, ch. 99-284; s. 1, ch. 2000-134; s. 9, ch. 2000-135; s. 23, ch. 2001-64; s. 15, ch. 2005-263; s. 45, ch. 2025-153.
Fla. Stat. § 736.1203 — Florida Code / Title XLII / Chapter 736 / Part XII / Section 736.1203
736.1203 Trustee of a private foundation trust or a split interest trust.
Status: in_force

Except as provided in s. 736.1205, the trustee of a private foundation trust or a split interest trust has the duties and powers conferred on the trustee by this part.

History: s. 12, ch. 2006-217.
Fla. Stat. § 430.07 — Florida Code / Title XXX / Chapter 430 / Section 430.07
430.07 Office of Volunteer Community Service.
Status: in_force

There is created within the Department of Elderly Affairs the Office of Volunteer Community Service. The office shall:

(1) Compile an inventory of services needed by elderly persons.

(2) Compile an inventory of services being provided to elderly persons to meet those needs.

(3) Determine which services needed by elderly persons are not being provided.

(4) Determine which services currently not being provided can be provided by older persons acting as volunteers.

(5) Identify those state rules and policies which restrict volunteer service by or for older persons and propose corrective actions.

(6) Identify methods of promoting volunteer service by and for older persons.

(7) Develop a comprehensive volunteer program that includes an intergenerational component and draws on the strengths and skills of the state’s older population and, to the extent possible, implements the volunteer service credit program.

(8) Encourage contributions and grants through private, state, and federal sources for the purpose of promoting, implementing, or evaluating volunteer programs by or for older persons.

(9) Encourage volunteerism by elders regardless of socioeconomic status. In order to accomplish this, notwithstanding any other provision of law, the office is authorized to provide to those volunteers whose presence is determined to be necessary to the department direct payment of lodging and transportation expenses to a vendor on behalf of such volunteer, or prepayment, or reimbursement of lodging and transportation expenses directly to such volunteer. The office shall not expend or authorize an expenditure in excess of the amount appropriated in any fiscal year.

History: s. 5, ch. 91-115; s. 2, ch. 2003-67.
Fla. Stat. § 331.340 — Florida Code / Title XXV / Chapter 331 / Part II / Section 331.340
331.340 Authorization and form of bonds.
Status: in_force

Bonds may be authorized by resolution or resolutions of the board which are adopted by a majority of all of the members thereof then in office and present at the meeting at which the resolution or resolutions are adopted and shall be approved as provided in s. 331.305. The resolution or resolutions of the board may be adopted at the same meeting at which they are introduced and shall be published and noticed. The board may by resolution authorize the issuance of bonds and determine the aggregate amount of bonds to be issued, the purpose or purposes for which the moneys derived therefrom shall be expended, the rate or rates of interest, the denomination of the bonds, whether the bonds are to be issued in one or more series, the date or dates thereof, the date or dates of maturity, which shall not exceed 30 years from their respective dates of issuance, the medium of payment, the place or places within or without the state where payment shall be made, registration privileges, redemption terms and privileges (whether with or without premium), the manner of execution, the form of the bonds including any interest coupons to be attached thereto, the manner of execution of bonds and coupons, and any and all other terms, covenants, and conditions thereof, and the establishment of reserve or other funds. Such authorizing resolution may further provide that such bonds may be executed manually or by engraved, lithographed, or facsimile signature, provided that where signatures are engraved, lithographed, or facsimile, a bond shall not be valid unless countersigned by a registrar or other officer designated by appropriate resolution of the board. The seal of Space Florida may be affixed, lithographed, engraved, or otherwise reproduced in facsimile on such bonds. In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons ceases to be such officer before the delivery of such bonds, such signature or facsimile is nevertheless valid and sufficient for all purposes as if the officer had remained in office until such delivery.

History: ss. 44, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 480, ch. 95-148; s. 37, ch. 2006-60; s. 7, ch. 2020-105.
Fla. Stat. § 253.05 — Florida Code / Title XVIII / Chapter 253 / Section 253.05
253.05 Prosecuting officers to assist in protecting state lands.
Status: in_force

State attorneys, other prosecuting officers of the state or county, wildlife officers of the Fish and Wildlife Conservation Commission, conservation officers, together with the Secretary of Environmental Protection, and county sheriffs and their deputies shall see that the lands owned by the state, as described in ss. 253.01 and 253.03, shall not be the object of damage, trespass, depredation, or unlawful use by any person. The said officers and their deputies shall, upon information that unlawful use is being made of state lands, report the same, together with the information in their possession relating thereto, to the Board of Trustees of the Internal Improvement Trust Fund and shall cooperate with the said board in carrying out the purposes of ss. 253.01-253.04 and this section. State attorneys and other prosecuting officers of the state or any county, upon request of the Governor or Board of Trustees of the Internal Improvement Trust Fund, shall institute and maintain such legal proceedings as may be necessary to carry out the purpose of said sections.

History: s. 3, ch. 15642, 1931; CGL 1936 Supp. 1446(15); s. 2, ch. 61-119; ss. 27, 35, ch. 69-106; s. 1, ch. 70-117; s. 71, ch. 94-356; s. 72, ch. 99-245.
Fla. Stat. § 720.402 — Florida Code / Title XL / Chapter 720 / Part II / Section 720.402
720.402 Publication of false and misleading information.
Status: in_force

(1) Any person who, in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from the developer in advertising and promotional materials, including, but not limited to, a contract of purchase, the declaration of covenants, exhibits to a declaration of covenants, brochures, and newspaper advertising, pays anything of value toward the purchase of a parcel in a community located in this state has a cause of action to rescind the contract or collect damages from the developer for his or her loss before the closing of the transaction. After the closing of the transaction, the purchaser has a cause of action against the developer for damages under this section from the time of closing until 1 year after the date upon which the last of the events described in paragraphs (a) through (d) occurs: (a) The closing of the transaction; (b) The issuance by the applicable governmental authority of a certificate of occupancy or other evidence of sufficient completion of construction of the purchaser’s residence to allow lawful occupancy of the residence by the purchaser. In counties or municipalities in which certificates of occupancy or other evidences of completion sufficient to allow lawful occupancy are not customarily issued, for the purpose of this section, evidence of lawful occupancy shall be deemed to be given or issued upon the date that such lawful occupancy of the residence may be allowed under prevailing applicable laws, ordinances, or statutes; (c) The completion by the developer of the common areas and such recreational facilities, whether or not the same are common areas, which the developer is obligated to complete or provide under the terms of the written contract, governing documents, or written agreement for purchase or lease of the parcel; or (d) In the event there is not a written contract or agreement for sale or lease of the parcel, then the completion by the developer of the common areas and such recreational facilities, whether or not they are common areas, which the developer would be obligated to complete under any rule of law applicable to the developer’s obligation. Under no circumstances may a cause of action created or recognized under this section survive for a period of more than 5 years after the closing of the transaction.

(2) In any action for relief under this section, the prevailing party may recover reasonable attorney’s fees. A developer may not expend association funds in the defense of any suit under this section.

History: s. 28, ch. 2004-345; s. 24, ch. 2004-353; s. 136, ch. 2005-2.
Fla. Stat. § 286.29 — Florida Code / Title XIX / Chapter 286 / Section 286.29
286.29 Energy guidelines for public business.
Status: in_force

(1) Each state agency shall ensure that all maintained vehicles meet minimum maintenance schedules shown to reduce fuel consumption, which include: (a) Ensuring appropriate tire pressures and tread depth. (b) Replacing fuel filters and emission filters at recommended intervals. (c) Using proper motor oils. (d) Performing timely motor maintenance. Each state agency shall measure and report compliance to the Department of Management Services through the Equipment Management Information System database.

(2) All state agencies shall use ethanol and biodiesel blended fuels when available. State agencies administering central fueling operations for state-owned vehicles shall procure biofuels for fleet needs to the greatest extent practicable.

History: s. 23, ch. 2008-227; s. 25, ch. 2018-110; s. 10, ch. 2020-4; s. 2, ch. 2024-186.
Fla. Stat. § 494.0023 — Florida Code / Title XXXIII / Chapter 494 / Part I / Section 494.0023
494.0023 Conflicting interest.
Status: in_force

(1) If, in a mortgage transaction, a licensee has a conflicting interest as specified in subsection (2), the licensee shall, at a minimum, provide the following disclosures to the borrower in writing: (a) The nature of the relationship, ownership, or financial interest between the provider of products or services, or business incident thereto, and the licensee making the referral; (b) An estimated charge or range of charges generally made by such a provider; (c) That a financial benefit may be received by the licensee as a result of the conflicting interest; and (d) That alternative sources may be chosen by the borrower to provide the required products or services.

(2) A licensee has a conflicting interest if: (a) The licensee or the licensee’s relative provides the borrower with additional products or services; (b) The licensee or licensee’s relative, directly or indirectly, owns, controls, or holds with power to vote, or holds proxies representing, 1 percent or more of any class of equity securities or other beneficial interest in the person providing the additional products or services; (c) The person providing the additional products or services, directly or indirectly, owns, controls, or holds the power to vote, or holds proxies representing, 1 percent or more of any class of equity securities or other beneficial interest in the licensee; (d) A holding company, directly or indirectly, owns, controls, or holds with power to vote, or holds proxies representing, 1 percent or more of any class of equity securities or other beneficial interest in both the licensee and the person providing the additional products or services; (e) One or more persons, or such person’s relative, sits as an officer or director, or performs similar functions as an officer or director, for both the licensee and the person providing the additional products or services; or (f) The licensee or the licensee’s relative sits as an officer or director, or performs similar functions as an officer or director, of the person providing the additional products or services.

(3) The commission may adopt rules to administer the disclosure requirements of this section. The rules must consider the disclosure requirements of the federal Real Estate Settlement Procedures Act, 12 U.S.C. ss. 2601 et seq.; the federal Truth in Lending Act, 15 U.S.C. ss. 1601 et seq.; and related federal regulations.

History: ss. 14, 50, ch. 91-245; s. 4, ch. 91-429; s. 13, ch. 2009-241.
Fla. Stat. § 740.05 — Florida Code / Title XLII / Chapter 740 / Section 740.05
740.05 Fiduciary duty and authority.
Status: in_force

(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (a) The duty of care; (b) The duty of loyalty; and (c) The duty of confidentiality.

(2) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: (a) Except as otherwise provided in s. 740.003, is subject to the applicable terms-of-service agreement; (b) Is subject to other applicable law, including copyright law; (c) In the case of a fiduciary, is limited by the scope of the fiduciary’s duties; and (d) May not be used to impersonate the user.

(3) A fiduciary with authority over the tangible personal property of a decedent, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, principal, or settlor had or has a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

(4) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including under chapter 815.

(5) A fiduciary with authority over the tangible personal property of a decedent, ward, principal, or settlor: (a) Has the right to access the property and any digital asset stored in it; and (b) Is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including under chapter 815.

(6) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

(7) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in paper or electronic form, and accompanied by: (a) If the user is deceased, a certified copy of the death certificate of the user; (b) A certified copy of the letters of administration; the order authorizing a curator or administrator ad litem; the order of summary administration issued pursuant to chapter 735; or the court order, power of attorney, or trust giving the fiduciary authority over the account; and (c) If requested by the custodian: 1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; 2. Evidence linking the account to the user; or 3. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph 1.

History: s. 15, ch. 2016-46.