FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 166.0435 — Florida Code / Title XII / Chapter 166 / Part I / Section 166.0435
166.0435 Amateur radio antennas; construction in conformance with federal requirements.
Status: in_force

(1) No municipality shall enact or enforce any ordinance or regulation which fails to conform to the limited preemption entitled “Amateur Radio Preemption, 101 FCC 2d 952 (1985)” as issued by the Federal Communications Commission. Any ordinance or regulation adopted by a municipality with respect to amateur radio antennas shall conform to the above cited limited preemption, which states that local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur communications, and to represent the minimum practicable regulation to accomplish the local authority’s legitimate purpose.

(2) Nothing in this section shall effect any applicable provisions of chapter 333.

History: s. 2, ch. 91-28.
Fla. Stat. § 409.812 — Florida Code / Title XXX / Chapter 409 / Part II / Section 409.812
409.812 Program created; purpose.
Status: in_force

The Florida Kidcare program is created to provide a defined set of health benefits to uninsured, low-income children through the establishment of a variety of affordable health benefits coverage options from which families may select coverage and through which families may contribute financially to the health care of their children.

History: ss. 34, 57, ch. 98-288; s. 22, ch. 2003-405; s. 3, ch. 2009-113.
Fla. Stat. § 457.104 — Florida Code / Title XXXII / Chapter 457 / Section 457.104
457.104 Rulemaking authority.
Status: in_force

The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of this chapter conferring duties upon it.

History: ss. 40, 118, ch. 83-329; ss. 4, 13, 14, ch. 86-265; s. 57, ch. 91-137; s. 4, ch. 91-156; s. 4, ch. 91-429; s. 119, ch. 98-200.
Fla. Stat. § 408.035 — Florida Code / Title XXIX / Chapter 408 / Part I / Section 408.035
408.035 Review criteria.
Status: in_force

The agency shall determine the reviewability of applications and shall review applications for certificate-of-need determinations for health care facilities in context with the following criteria:

(1) The need for the health care facilities being proposed.

(2) The availability, quality of care, accessibility, and extent of utilization of existing health care facilities in the service district of the applicant.

(3) The ability of the applicant to provide quality of care and the applicant’s record of providing quality of care.

(4) The availability of resources, including health personnel, management personnel, and funds for capital and operating expenditures, for project accomplishment and operation.

(5) The extent to which the proposed services will enhance access to health care for residents of the service district.

(6) The immediate and long-term financial feasibility of the proposal.

(7) The extent to which the proposal will foster competition that promotes quality and cost-effectiveness.

(8) The costs and methods of the proposed construction, including the costs and methods of energy provision and the availability of alternative, less costly, or more effective methods of construction.

(9) The applicant’s past and proposed provision of health care services to Medicaid patients and the medically indigent.

(10) The applicant’s designation as a Gold Seal Program nursing facility pursuant to s. 400.235, when the applicant is requesting additional nursing home beds at that facility.

History: s. 22, ch. 87-92; s. 20, ch. 88-294; s. 15, ch. 92-33; ss. 37, 50, ch. 93-217; s. 30, ch. 95-210; s. 36, ch. 97-103; s. 39, ch. 97-264; s. 2, ch. 97-270; s. 20, ch. 99-394; s. 6, ch. 2000-256; s. 7, ch. 2000-318; s. 5, ch. 2004-383; s. 1, ch. 2008-29; ss. 11, 12, ch. 2019-136.
Fla. Stat. § 620.1803 — Florida Code / Title XXXVI / Chapter 620 / Part I / Section 620.1803
620.1803 Winding up.
Status: in_force

(1) A limited partnership continues after dissolution only for the purpose of winding up its activities.

(2) In winding up its activities, the limited partnership: (a) May preserve the limited partnership business or property as a going concern for a reasonable time, prosecute and defend actions and proceedings, whether civil, criminal, or administrative, transfer the limited partnership’s property, settle disputes by mediation or arbitration, and perform other necessary acts. (b) Shall discharge, make provision for, or otherwise address the limited partnership’s liabilities, settle and close the limited partnership’s activities, and marshal and distribute the assets of the partnership. (c) May file a statement of termination as provided in s. 620.1203.

(3) If a dissolved limited partnership does not have a general partner, a person to wind up the dissolved limited partnership’s activities may be appointed by the consent of limited partners owning a majority of the rights to receive distributions as limited partners at the time the consent is to be effective. A person appointed under this subsection: (a) Has the powers of a general partner under s. 620.1804. (b) Shall promptly amend the certificate of limited partnership to state: 1. That the limited partnership does not have a general partner. 2. The name of the person that has been appointed to wind up the limited partnership. 3. The street and mailing address of the person.

(4) On the application of any partner, the circuit court may order judicial supervision of the winding up, including the appointment of a person to wind up the dissolved limited partnership’s activities, if: (a) A limited partnership does not have a general partner and within a reasonable time following the dissolution no person has been appointed pursuant to subsection (3); or (b) The applicant establishes other good cause.

History: s. 17, ch. 2005-267.
Fla. Stat. § 499.032 — Florida Code / Title XXXIII / Chapter 499 / Part I / Section 499.032
499.032 Phenylalanine; prescription required.
Status: in_force

Phenylalanine restricted formula is declared to be a prescription drug and may be dispensed only upon the prescription of a practitioner authorized by law to prescribe prescription drugs.

History: s. 34, ch. 82-225; s. 1, ch. 83-265; ss. 31, 52, ch. 92-69; s. 23, ch. 2008-207.
Fla. Stat. § 130.06 — Florida Code / Title XI / Chapter 130 / Section 130.06
130.06 Form of bids.
Status: in_force

All bids for bonds shall specify the amount of bonds bid for, the denomination required and the time when the bidder will comply with his or her bid, and shall also specify whether the bid is in current money or in evidences of indebtedness against the county.

History: s. 9, ch. 2088, 1877; RS 598; GS 794; RGS 1539; CGL 2317; s. 832, ch. 95-147.
Fla. Stat. § 622.04 — Florida Code / Title XXXVI / Chapter 622 / Section 622.04
622.04 Process.
Status: in_force

Every association shall comply with all requirements of law, including but not limited to the paying of all fees and charges, now or hereafter prescribed for the designation and maintenance of an office for the service of process, the appointment of a resident agent upon whom process may be served, and the acceptance of such appointment, by foreign corporations for profit qualified to transact business in this state, and all laws heretofore or hereafter enacted with respect to such offices and agents shall apply to and govern and control all associations.

History: s. 4, ch. 23897, 1947; s. 11, ch. 25035, 1949.
Fla. Stat. § 552.36 — Florida Code / Title XXXIII / Chapter 552 / Section 552.36
552.36 Exclusive jurisdiction; Division of Administrative Hearings.
Status: in_force

(1) The Division of Administrative Hearings has exclusive jurisdiction over all claims for damages to real or personal property caused by the use of explosives in connection with construction materials mining activities. This chapter does not affect any claim seeking recovery for personal injury, emotional distress, or punitive damages. Any cause of action that involves both a claim for damage to real or personal property and another claim that is not addressed by this chapter must be bifurcated so that any claim seeking recovery for damage to real or personal property is adjudicated by the Division of Administrative Hearings.

(2) Notwithstanding s. 552.25, the review procedures set forth in this chapter preempt any claims, recovery, or similar procedure of any municipality, agency, board, or county or any other subdivision, entity, or special district of the state which would otherwise address a claim for damage caused by the use of explosives in connection with construction materials mining activities.

History: s. 4, ch. 2003-62.
Fla. Stat. § 378.801 — Florida Code / Title XXVIII / Chapter 378 / Part III / Section 378.801
378.801 Other resources; notice of intent to extract required.
Status: in_force

(1) An operator may not begin the operation of a borrow pit, or the process of extracting clay, peat, gravel, sand, or any other solid substance of commercial value found in natural deposits or in the earth, except fuller’s earth clay, heavy minerals, limestone, or phosphate, which are regulated elsewhere in this chapter, at a new location without notifying the secretary of the intention to extract.

(2) The operator’s notice of intent to extract shall consist of the operator’s estimated life of the extraction location and the operator’s signed acknowledgment of the performance standards provided by s. 378.803.

History: s. 1, ch. 86-294; s. 338, ch. 94-356; s. 23, ch. 2021-188.
Fla. Stat. § 394.9155 — Florida Code / Title XXIX / Chapter 394 / Part V / Section 394.9155
394.9155 Rules of procedure and evidence.
Status: in_force

In all civil commitment proceedings for sexually violent predators under this part, the following shall apply:

(1) The Florida Rules of Civil Procedure apply unless otherwise specified in this part.

(2) The Florida Rules of Evidence apply unless otherwise specified in this part.

(3) The psychotherapist-patient privilege under s. 90.503 does not exist or apply for communications relevant to an issue in proceedings to involuntarily commit a person under this part.

(4) The court may consider evidence of prior behavior by a person who is subject to proceedings under this part if such evidence is relevant to proving that the person is a sexually violent predator.

(5) Hearsay evidence, including reports of a member of the multidisciplinary team or reports produced on behalf of the multidisciplinary team, is admissible in proceedings under this part unless the court finds that such evidence is not reliable. In a trial, however, hearsay evidence may not be used as the sole basis for committing a person under this part.

(6) Rules adopted under s. 394.930 shall not constitute: (a) An evidentiary predicate for the admission of any physical evidence or testimony; (b) A basis for excluding or otherwise limiting the presentation of any physical evidence or testimony in judicial proceedings under this part; or (c) Elements of the cause of action that the state needs to allege or prove in judicial proceedings under this part.

(7) If the person who is subject to proceedings under this part refuses to be interviewed by or fully cooperate with members of the multidisciplinary team or any state mental health expert, the court may, in its discretion: (a) Order the person to allow members of the multidisciplinary team and any state mental health experts to review all mental health reports, tests, and evaluations by the person’s mental health expert or experts; or (b) Prohibit the person’s mental health experts from testifying concerning mental health tests, evaluations, or examinations of the person.

The failure of any party to comply with such rules shall not constitute a defense in any judicial proceedings under this part.

History: s. 10, ch. 99-222.
Fla. Stat. § 702.12 — Florida Code / Title XL / Chapter 702 / Section 702.12
702.12 Actions in foreclosure.
Status: in_force

(1)(a) A lienholder, in an action to foreclose a mortgage, may submit any document the defendant filed under penalty of perjury in the defendant’s bankruptcy case for use as an admission by the defendant. (b) A rebuttable presumption that the defendant has waived any defense to the foreclosure is created if a lienholder submits documents filed in the defendant’s bankruptcy case which: 1. Evidence the defendant’s intention to surrender to the lienholder the property that is the subject of the foreclosure; 2. Have not been withdrawn by the defendant; and 3. Show that a final order has been entered in the defendant’s bankruptcy case which discharges the defendant’s debts or confirms the defendant’s repayment plan that provides for the surrender of the property.

(2) Pursuant to s. 90.203, a court shall take judicial notice of an order entered in a bankruptcy case upon the request of a lienholder.

(3) This section does not preclude the defendant in a foreclosure action from raising a defense based upon the lienholder’s action or inaction subsequent to the filing of the document filed in the bankruptcy case which evidenced the defendant’s intention to surrender the mortgaged property to the lienholder.

(4) This section applies to any foreclosure action filed on or after October 1, 2018.

History: s. 1, ch. 2018-15.
Fla. Stat. § 430.0401 — Florida Code / Title XXX / Chapter 430 / Section 430.0401
430.0401 Annual report summarizing monitoring activities.
Status: in_force

By January 1 of each year, the Department of Elderly Affairs shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a summary of the results of the department’s monitoring of the activities of area agencies on aging. The report must include information about each area agency’s compliance with state and federal rules pertaining to all programs administered by the area agency, information about each area agency’s financial management of state and federally funded programs, information about each agency’s compliance with the terms of its contracts with the department, and a summary of corrective action required by the department.

History: s. 1, ch. 2004-386.
Fla. Stat. § 605.0113 — Florida Code / Title XXXVI / Chapter 605 / Section 605.0113
605.0113 Registered agent.
Status: in_force

(1) Each limited liability company and each foreign limited liability company that has a certificate of authority under s. 605.0902 shall designate and continuously maintain in this state: (a) A registered office, which may be the same as its place of business in this state; and (b) A registered agent, who must be: 1. An individual who resides in this state and whose business address is identical to the address of the registered office; 2. Another domestic entity that is an authorized entity and whose business address is identical to the address of the registered office; or 3. A foreign entity authorized to transact business in this state that is an authorized entity and whose business address is identical to the address of the registered office.

(2) Each initial registered agent, and each successor registered agent that is appointed, shall file a statement in writing with the department, in the form and manner prescribed by the department, accepting the appointment as registered agent while simultaneously being designated as the registered agent. The statement of acceptance must provide that the registered agent is familiar with and accepts the obligations of that position.

(3) The duties of a registered agent are as follows: (a) To forward to the limited liability company or registered foreign limited liability company, at the address most recently supplied to the agent by the company or foreign limited liability company, a process, notice, or demand pertaining to the company or foreign limited liability company which is served on or received by the agent. (b) If the registered agent resigns, to provide the notice required under s. 605.0115(2) to the company or foreign limited liability company at the address most recently supplied to the agent by the company or foreign limited liability company.

(4) The department shall maintain an accurate record of the registered agent and registered office for service of process and shall promptly furnish information disclosed thereby upon request and payment of the required fee.

(5) A limited liability company and each foreign limited liability company that has a certificate of authority under s. 605.0902 may not prosecute or maintain an action in a court in this state until the limited liability company complies with this section, pays to the department any amounts required under this chapter, and, to the extent ordered by a court of competent jurisdiction, pays to the department a penalty of $5 for each day it has failed to comply or $500, whichever is less, and pays any other amounts required under this chapter.

(6) For the purposes of this section, “authorized entity” means: (a) A corporation for profit. (b) A limited liability company. (c) A limited liability partnership. (d) A limited partnership, including a limited liability limited partnership.

History: s. 2, ch. 2013-180; s. 238, ch. 2019-90; s. 16, ch. 2024-265.
Fla. Stat. § 674.103 — Florida Code / Title XXXIX / Chapter 674 / Part I / Section 674.103
674.103 Variation by agreement; measure of damages; action constituting ordinary care.
Status: in_force

(1) The effect of the provisions of this chapter may be varied by agreement, but the parties to the agreement cannot disclaim a bank’s responsibility for its lack of good faith or failure to exercise ordinary care or limit the measure of damages for the lack or failure. However, the parties may determine by agreement the standards by which the bank’s responsibility is to be measured if those standards are not manifestly unreasonable.

(2) Federal Reserve regulations and operating circulars, clearinghouse rules, and the like have the effect of agreements under subsection (1), whether or not specifically assented to by all parties interested in items handled.

(3) Action or nonaction approved by this chapter or pursuant to Federal Reserve regulations or operating circulars is the exercise of ordinary care; and, in the absence of special instructions, action or nonaction, consistent with clearinghouse rules and the like or with a general banking usage not disapproved by this chapter is prima facie the exercise of ordinary care.

(4) The specification or approval of certain procedures by this chapter is not disapproval of other procedures that may be reasonable under the circumstances.

(5) The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount that could not have been realized by the exercise of ordinary care. If there is also bad faith, it includes any other damages the party suffered as a proximate consequence.

History: s. 1, ch. 65-254; s. 9, ch. 92-82.
Fla. Stat. § 627.849 — Florida Code / Title XXXVII / Chapter 627 / Part XV / Section 627.849
627.849 Fees.
Status: in_force

(1) The office shall collect in advance, and the persons so served shall pay to it in advance, the following fees: (a) Annual license fee .......... $250 (b) Investigation fee .......... 100 (c) Annual report filing fee .......... 25

(2) The fees received under this section shall be credited to the Insurance Regulatory Trust Fund.

History: s. 5, ch. 72-249; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 612, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318; s. 1225, ch. 2003-261; s. 18, ch. 2004-370; s. 163, ch. 2004-390.
Fla. Stat. § 7.18 — Florida Code / Title II / Chapter 7 / Section 7.18
7.18 Flagler County.
Status: in_force

The boundary lines of Flagler County are as follows: Beginning on the township line between townships nine and ten south at a point directly north of Summer Haven; thence southwesterly to the mouth of Pellicer’s Creek; thence westerly along the middle of Pellicer’s Creek to a point where said creek intersects the range line between ranges twenty-nine and thirty east; thence south on said range line to the southeast corner of section thirteen, township ten south, range twenty-nine east; thence west on the south boundary of said section thirteen and other sections to the range line between ranges twenty-seven and twenty-eight east; thence south on said range line to the township line between townships eleven and twelve south; thence south and easterly through the middle of Crescent Lake crossing Bear Island on a line easterly of and parallel to the west line of section nineteen, township twelve south, range twenty-eight east, said line being ten thousand two hundred eighty feet easterly, measured at right angles from said west line of section nineteen, which line crosses approximately in the center of Bear Island, then continuing south and easterly through the middle of said lake to the mouth of Haw Creek; thence due east to a point where said creek is intersected by the range line between ranges twenty-eight and twenty-nine east; thence south on said range line to the southwest corner of section nineteen, township fourteen south, range twenty-nine east; thence east on the south line of said section nineteen and other sections to the southeast corner of section twenty-two, township fourteen south, range thirty-one east; thence north on the east line of said section twenty-two and other sections to the township line between townships twelve and thirteen south; thence east on said township line to a point where same is intersected by the King’s Road; thence northerly along said King’s Road to a point where the line dividing the Bulow and Ormond Grants intersects said road; thence along the said line between the said two grants in a northeasterly direction across Bulow Creek; thence following a continuance of this line, being the line dividing the lots seven and eight of the subdivision of the Bulow Grant, to the intersection with the Haulover or Smith Creek; thence along said Haulover or Smith Creek to the intersection of the line running east between sections thirty and thirty-one, and twenty-nine and thirty-two, township twelve south, range thirty-two east; thence along said line to the Atlantic Coast; thence northerly along the shore of the Atlantic Ocean, including the waters of said ocean within the jurisdiction of the State of Florida, to the point of beginning.

History: s. 1, ch. 7399, 1917; RGS 36; CGL 38; s. 1, ch. 59-488.
Fla. Stat. § 677.101 — Florida Code / Title XXXIX / Chapter 677 / Part I / Section 677.101
677.101 Short title.
Status: in_force

Chapter 677 shall be known and may be cited as the “Uniform Commercial Code—Documents of Title.”

History: s. 1, ch. 65-254.