FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 817.416 — Florida Code / Title XLVI / Chapter 817 / Part I / Section 817.416
817.416 Franchises and distributorships; misrepresentations.
Status: in_force

(1) DEFINITIONS. — For the purpose of this section: (a) The term “person” means an individual, partnership, corporation, association, or other entity doing business in Florida. (b) The term “franchise or distributorship” means a contract or agreement, either expressed or implied, whether oral or written, between two or more persons: 1. Wherein a commercial relationship of definite duration or continuing indefinite duration is involved; 2. Wherein one party, hereinafter called the “franchisee,” is granted the right to offer, sell, and distribute goods or services manufactured, processed, distributed or, in the case of services, organized and directed by another party; 3. Wherein the franchisee as an independent business constitutes a component of franchisor’s distribution system; and 4. Wherein the operation of the franchisee’s business franchise is substantially reliant on franchisors for the basic supply of goods. (c) The term “goods” means any article or thing without limitation, or any part of such article or thing, including any article or thing used or consumed by a franchisee in rendering a service established, organized, directed, or approved by a franchisor.

(2) DECLARATIONS. — (a) It is unlawful, when selling or establishing a franchise or distributorship, for any person: 1. Intentionally to misrepresent the prospects or chances for success of a proposed or existing franchise or distributorship; 2. Intentionally to misrepresent, by failure to disclose or otherwise, the known required total investment for such franchise or distributorship; or 3. Intentionally to misrepresent or fail to disclose efforts to sell or establish more franchises or distributorships than is reasonable to expect the market or market area for the particular franchise or distributorship to sustain. (b) The execution or carrying out of a scheme, plan, or corporate organization which violates any of the provisions of this section, if knowledge or intent be proved, shall be a misdemeanor of the second degree, punishable as provided in ss. 775.082 and 775.083.

(3) CIVIL PROVISIONS. — Any person, who shows in a civil court of law a violation of this section may receive a judgment for all moneys invested in such franchise or distributorship. Upon such a showing, the court may award any person bringing said action reasonable attorney’s fees and shall award such person reasonable costs incurred in bringing the action, and execution shall thereupon issue.

(4) INJUNCTIONS. — The Department of Legal Affairs, or the Department of Legal Affairs and the Department of Agriculture and Consumer Services jointly, may sue in behalf of the people of this state for injunctive relief against franchise or distributorship plans or activities in violation of paragraph (2)(a).

History: ss. 1, 2, 2A, 3, 4, ch. 71-61.
Fla. Stat. § 683.02 — Florida Code / Title XXXIX / Chapter 683 / Section 683.02
683.02 Meaning of term “legal holidays” as used in contracts.
Status: in_force

Whenever, in contracts to be performed in the state, reference is made to “legal holidays,” the term shall be understood to include those holidays designated in s. 683.01 and such others as may be designated by law.

History: s. 1, ch. 5392, 1905; s. 1, ch. 6872, 1915; RGS 4847; CGL 6933; s. 2, ch. 16067, 1933; s. 2, ch. 29926, 1955; s. 2, ch. 69-24.
Fla. Stat. § 658.19 — Florida Code / Title XXXVIII / Chapter 658 / Section 658.19
658.19 Application for authority to organize a bank or trust company.
Status: in_force

(1) A written application for authority to organize a banking corporation or a trust company shall be filed with the office by the proposed directors and shall include: (a) The name, residence, and occupation of each proposed director. (b) The proposed corporate name. (c) The total initial capital, the number of shares of each class of the capital stock to be authorized, and the par value of the shares of each class. (d) The community, including the street and number, if available, or, if not available, the area within the community, where the principal office of the proposed bank or proposed trust company is to be located. (e) If known, the name and residence of the proposed president, the proposed chief executive officer if other than the proposed president and, if the application is for organization of a trust company or a bank with trust powers, the name and address of the proposed trust officer. (f) Such detailed financial, business, and biographical information as the commission or office may reasonably require for each proposed director, executive officer, and, if applicable, trust officer. (g) A request for trust powers if desired in connection with an application to organize a bank.

(2) The application shall be in such form as the commission prescribes and contain such additional information as the commission or office reasonably requires and shall be accompanied by the required fee, which shall not be refundable.

(3) Notwithstanding chapter 120, an application may be returned to the applicant, on a one-time basis, for correction of substantial deficiencies and may be resubmitted without payment of an additional fee if such resubmission takes place within 60 days after the date the office returns the application.

History: s. 2, ch. 28016, 1953; s. 1, ch. 63-181; ss. 12, 35, ch. 69-106; s. 2, ch. 70-263; s. 2, ch. 73-119; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 1, ch. 79-144; ss. 9, 151, 152, ch. 80-260; s. 448, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 15, 46, ch. 82-214; ss. 26, 58, ch. 85-82; s. 38, ch. 87-99; s. 8, ch. 89-229; s. 1, ch. 91-307; s. 1, ch. 92-303; s. 9, ch. 2001-243; s. 1763, ch. 2003-261; s. 4, ch. 2015-64.
Fla. Stat. § 607.1904 — Florida Code / Title XXXVI / Chapter 607 / Part I / Section 607.1904
607.1904 Estoppel.
Status: in_force

No body of persons acting as a corporation shall be permitted to set up the lack of legal organization as a defense to an action against them as a corporation, nor shall any person sued on a contract made with the corporation or sued for an injury to its property or a wrong done to its interests be permitted to set up the lack of such legal organization in his or her defense.

History: s. 163, ch. 89-154; s. 46, ch. 97-102.
Fla. Stat. § 61.31 — Florida Code / Title VI / Chapter 61 / Part I / Section 61.31
61.31 Amount of support for a dependent adult child.
Status: in_force

(1) In determining the amount of support to be paid after a dependent adult child as defined in s. 61.1255(2)(a) reaches the age of 18, the specific terms and conditions of such support, and the rights and duties of both parents with respect to the support, the court shall determine and consider all of the following: (a) The dependent adult child’s income and assets. (b) Any existing and future needs of the dependent adult child which are directly related to his or her mental or physical incapacity and the substantial care and personal supervision directly required by or related to that incapacity. (c) Whether a parent or other person pays for or will pay for the care or supervision of the dependent adult child or provides or will provide substantial care or personal supervision to the dependent adult child himself or herself. (d) The financial resources available to each parent for the support, care, and supervision of the dependent adult child. (e) Any other financial resources or other resources or programs available for the support, care, and supervision of the dependent adult child.

(2) The court may irrevocably assign the support to a special needs trust under 42 U.S.C. s. 1396p(d)(4)(A) or to a pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) established for the benefit of the dependent adult child by the dependent adult child, his or her agent under a durable power of attorney, the court, a parent or grandparent, a guardian, or a guardian advocate who has been delegated those rights in order to maintain the dependent adult child’s means-based government benefits.

(3) In making its decisions, the court shall consider: (a) Any state or federal programs and benefits that the dependent adult child is receiving or may receive due to reaching the age of majority; and (b) The effect that the court-ordered support would have on the dependent adult child’s eligibility for such programs and benefits.

(4) The court may not order support that will cause ineligibility for programs in which the dependent adult child currently participates, or programs and services for which the dependent adult child is reasonably expected to become eligible upon reaching the age of majority.

History: s. 5, ch. 2023-213.
Fla. Stat. § 367.031 — Florida Code / Title XXVII / Chapter 367 / Section 367.031
367.031 Original certificate.
Status: in_force

Each utility subject to the jurisdiction of the commission must obtain from the commission a certificate of authorization to provide water or wastewater service. A utility must obtain a certificate of authorization from the commission prior to being issued a permit by the Department of Environmental Protection for the construction of a new water or wastewater facility or prior to being issued a consumptive use or drilling permit by a water management district. The commission shall grant or deny an application for a certificate of authorization within 90 days after the official filing date of the completed application, unless an objection is filed pursuant to ss. 120.569 and 120.57, or the application will be deemed granted.

History: s. 1, ch. 71-278; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 5, 25, 26, ch. 80-99; ss. 2, 3, ch. 81-318; s. 1, ch. 85-85; ss. 4, 26, 27, ch. 89-353; s. 4, ch. 91-429; s. 8, ch. 93-35; s. 183, ch. 94-356; s. 3, ch. 96-407; s. 94, ch. 96-410.
Fla. Stat. § 257.33 — Florida Code / Title XVIII / Chapter 257 / Section 257.33
257.33 Notices.
Status: in_force

In the event of withdrawal from the compact, the Secretary of State shall send and receive any notices required by Art. XI (b) of the compact.

History: s. 6, ch. 72-157.
Fla. Stat. § 494.00322 — Florida Code / Title XXXIII / Chapter 494 / Part II / Section 494.00322
494.00322 Mortgage broker license renewal.
Status: in_force

(1) In order to renew a mortgage broker license, a mortgage broker must: (a) Submit a completed license renewal form as prescribed by commission rule. (b) Submit a nonrefundable renewal fee of $375, the $100 nonrefundable fee if required by s. 494.00172, and nonrefundable fees to cover the cost of further fingerprint processing and retention as set forth in commission rule. (c) Submit fingerprints in accordance with s. 494.00321(2)(d) for any new control persons who have not been screened. (d) Authorize the registry to obtain an independent credit report on each of the licensee’s control persons from a consumer reporting agency, and transmit or provide access to the report to the office. The cost of the credit report shall be borne by the licensee. (e) Submit any additional information or documentation requested by the office and required by rule concerning the licensee or a control person of the licensee. Additional information may include documentation of pending and prior disciplinary and criminal history events, including arrest reports and certified copies of charging documents, plea agreements, judgments and sentencing documents, documents relating to pretrial intervention, orders terminating probation or supervised release, final administrative agency orders, or other comparable documents that may provide the office with the appropriate information to determine eligibility for renewal of licensure.

(2) The office may not renew a mortgage broker license unless the licensee continues to meet the minimum requirements for initial licensure pursuant to s. 494.00321 and adopted rule.

(3) If a licensed mortgage broker fails to meet the requirements of this section for annual license renewal on or before December 31 but meets such requirements before March 1, the mortgage broker’s license status shall be changed to “failed to renew” pending review and renewal by the office. A nonrefundable reinstatement fee of $250 shall be charged in addition to registry fees. The license status shall not be changed until the requirements of this section are met and all fees are paid. If the licensee fails to meet the requirements of this section and pay all required fees before March 1, such license is expired and such mortgage broker must apply for a new mortgage broker license under s. 494.00321.

History: s. 28, ch. 2009-241; s. 40, ch. 2014-91.
Fla. Stat. § 258.008 — Florida Code / Title XVIII / Chapter 258 / Part I / Section 258.008
258.008 Prohibited activities; penalties.
Status: in_force

(1) Except as provided in subsection (3), any person who violates or otherwise fails to comply with the rules adopted under this chapter commits a noncriminal infraction for which ejection from all property managed by the Division of Recreation and Parks and a fine of up to $500 may be imposed by the division. Fines paid under this subsection shall be paid to the Fish and Wildlife Conservation Commission and deposited in the State Game Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or to the Department of Environmental Protection and deposited in the State Park Trust Fund, as applicable.

(2) In addition to penalties imposed under subsection (1), any person who fails to sign a citation given under subsection (1), fails to appear in court in response to such citation, or fails to comply with the court’s order commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any person who engages in any of the following activities within the boundaries of a state park without first obtaining the express permission of the Division of Recreation and Parks commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and shall be ejected from all property managed by the division: (a) Cutting, carving, injuring, mutilating, moving, displacing, or breaking off any water-bottom formation or coral. (b) Capturing, trapping, or injuring a wild animal. (c) Collecting plant or animal specimens. (d) Leaving the designated public roads in a vehicle. (e) Hunting.

History: s. 2, ch. 2008-98; s. 8, ch. 2012-88; s. 7, ch. 2019-141.
Fla. Stat. § 395.1057 — Florida Code / Title XXIX / Chapter 395 / Part I / Section 395.1057
395.1057 Patients’ right to choose COVID-19 treatment alternatives.
Status: in_force

A hospital may not interfere with a patient’s right to choose COVID-19 treatment alternatives as recommended by a health care practitioner with privileges at the hospital if the health care practitioner has obtained informed consent from the patient in accordance with s. 456.62. Any hospital that violates this section by preventing a health care practitioner from exercising his or her sound judgment is subject to agency disciplinary action under s. 395.1065(2).

History: s. 4, ch. 2023-43.
Fla. Stat. § 1009.86 — Florida Code / Title XLVIII / Chapter 1009 / Part III / Section 1009.86
1009.86 Student Loan Operating Trust Fund.
Status: in_force

(1) The Student Loan Operating Trust Fund is hereby created, to be administered by the Department of Education. Funds shall be credited to the trust fund pursuant to the Higher Education Act of 1965, as amended, from loan processing and issuance fees, administrative cost allowances, account maintenance fees, default aversion fees, amounts remaining from collection of defaulted loans, amounts borrowed from the Student Loan Guaranty Reserve Fund, and other amounts specified in federal regulation. The purpose of the trust fund is to segregate funds used for administration of the guaranteed student loan program from the reserve funds used to guarantee student loans contained in the Student Loan Guaranty Reserve Fund. The fund is exempt from the service charges imposed by s. 215.20.

(2) Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

History: s. 468, ch. 2002-387; s. 2, ch. 2003-200.
Fla. Stat. § 624.4626 — Florida Code / Title XXXVII / Chapter 624 / Part III / Section 624.4626
624.4626 Electric cooperative self-insurance fund.
Status: in_force

(1) Notwithstanding any other provision of law, any two or more electric cooperatives organized pursuant to chapter 425 may operate a self-insurance fund for the purpose of pooling and spreading liabilities of its group members in securing the payment of benefits under chapter 440. A self-insurance fund established under this section must: (a) Require that every member of the fund is jointly and severally liable for the obligations of the fund. (b) Maintain a continuing program of excess insurance coverage and reserve evaluation to protect the financial stability of the fund in an amount and manner determined by a qualified and independent actuary. (c) Subscribe to, or be a member of, a rating organization as prescribed in s. 627.231. (d) Employ an independent certified public accountant to complete an audit of its fiscal year-end financial statement within 6 months after the end of the fiscal year. (e) Have a governing body comprised of a representative from each member of the fund. (f) Limit membership in the fund to electric cooperatives that operate in this state, their subsidiaries, and the current members of the Florida Rural Electric Self-Insurer’s Fund. (g) At renewal, provide the members of the fund with a disclosure statement that notifies the members that the fund is not regulated by the office.

(2) A self-insurance fund that meets the requirements of this section is subject to the assessments set forth in ss. 440.49(8), 440.51(1), and 624.4621(7), but is not subject to any other provision of s. 624.4621 and is not required to file any report with the department under s. 440.38(2)(b) which is uniquely required of group self-insurer funds qualified under s. 624.4621.

History: s. 2, ch. 2009-116; s. 10, ch. 2016-56.
Fla. Stat. § 655.0391 — Florida Code / Title XXXVIII / Chapter 655 / Section 655.0391
655.0391 Retention of supervision by office.
Status: in_force

A state financial institution may not cause to be performed, by contract or otherwise, any financial-institution services for itself, whether at or away from its main or branch office or on or off its premises, unless assurances satisfactory to the office are furnished to the office by both the state financial institution and the person performing such services that the performance thereof will be subject to regulation and examination by the office to the same extent as if such services were being performed by the state financial institution itself on its own premises.

History: s. 20, ch. 92-303; s. 1713, ch. 2003-261.
Fla. Stat. § 943.139 — Florida Code / Title XLVII / Chapter 943 / Section 943.139
943.139 Notice of employment, appointment, or separation; response by the officer; duty of commission.
Status: in_force

(1) An employing agency shall immediately notify the commission in writing, on a form adopted by the commission, of the employment or appointment, or separation from employment or appointment, of any officer. The employing agency must maintain the original form and submit, or electronically transmit, this information to the commission. Separation from employment or appointment includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave of absence of any officer.

(2) In a case of separation from employment or appointment, the employing agency shall execute and maintain an affidavit-of-separation form adopted by the commission, setting forth in detail the facts and reasons for such separation. The information contained in the affidavit-of-separation form must be submitted, or electronically transmitted, to the commission. If the officer is separated for his or her failure to comply with s. 943.13, the notice must so specify. The affidavit must be executed under oath and constitutes an official statement within the purview of s. 837.06. The affidavit must include conspicuous language that intentional false execution of the affidavit constitutes a misdemeanor of the second degree. Any officer who has separated from employment or appointment must be permitted to respond to the separation, in writing, to the commission, setting forth the facts and reasons for the separation as he or she understands them.

(3) Before employing or appointing an officer, a subsequent employing agency must contact the commission to inquire as to the facts and reasons an officer became separated from any previous employing agency. The commission shall, upon request and without prejudice, provide to the subsequent employing agency all information that is required under subsections (1) and (2) and that is in its possession.

(4) An administrator of an employing agency who discloses information pursuant to this section is immune from civil liability in accordance with the provisions of s. 768.095.

History: s. 11, ch. 84-258; s. 9, ch. 86-187; s. 2, ch. 86-286; ss. 5, 6, ch. 87-186; s. 5, ch. 91-429; s. 4, ch. 92-131; s. 11, ch. 93-252; s. 1633, ch. 97-102; s. 5, ch. 97-225; s. 6, ch. 2019-113.
Fla. Stat. § 64.210 — Florida Code / Title VI / Chapter 64 / Part II / Section 64.210
64.210 Open-market sale, sealed bids, or auction.
Status: in_force

(1) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.

(2) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.

(3) If the broker appointed under subsection (2) obtains within a reasonable time an offer to purchase the property for at least the determination of value: (a) The broker shall comply with the reporting requirements in s. 64.211; and (b) The sale may be completed in accordance with the laws of this state other than this part.

(4) If the broker appointed under subsection (2) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may: (a) Approve the highest outstanding offer, if any; (b) Redetermine the value of the property and order that the property continue to be offered for an additional time; or (c) Order that the property be sold by sealed bids or at an auction.

(5) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under part I of this chapter.

(6) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds.

History: s. 2, ch. 2020-55.
Fla. Stat. § 381.0063 — Florida Code / Title XXIX / Chapter 381 / Section 381.0063
381.0063 Drinking water funds.
Status: in_force

All fees and penalties received from suppliers of water pursuant to ss. 403.860(5) and 403.861(7)(a) shall be deposited in the appropriate County Health Department Trust Fund to be used by the department to pay the costs of expenditures required pursuant to ss. 381.0062 and 403.862(1)(c).

History: s. 69, ch. 90-331; s. 24, ch. 91-297; s. 21, ch. 91-305; s. 38, ch. 97-101; s. 45, ch. 2009-21.