FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 633.314 — Florida Code / Title XXXVII / Chapter 633 / Part III / Section 633.314
633.314 Sale or use of certain types of fire extinguishers prohibited; penalty.
Status: in_force

(1)(a) It is unlawful to have for use any of the following types of fire extinguishers: 1. Carbon tetrachloride; 2. Chlorobromomethane; 3. Dibromodifluoromethane (commonly known as Halon 1202); 4. Dichlorodifluoromethane; 5. Azeotropic chloromethane; 6. 1,2 dibromo-2-chloro-1, 1,2 trifluoroethane; 7. 1,2 dibromo-2, 2-difluoroethane; 8. Methyl bromide; 9. Ethylene dibromide; 10. Hydrogen bromide; 11. Methylene bromide; 12. Bromodifluoromethane; 13. Any other toxic or poisonous vaporizing liquid fire extinguishers using extinguishing agents determined by the State Fire Marshal to be unacceptably harmful; and 14. Inverting water fire extinguishers. (b) It is unlawful to offer for sale, sell, or give in this state any of the types of fire extinguishers listed in paragraph (a).

(2) It is unlawful for any person, directly or through an agent, to sell, offer for sale, or give in this state any make, type, or model of fire extinguisher, either new or used, unless such make, type, or model of extinguisher has first been tested and is currently approved or listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or another testing laboratory recognized by the State Fire Marshal as nationally recognized in accordance with procedures adopted by rule, taking into account the laboratory’s facilities, procedures, use of nationally recognized standards, and any other criteria reasonably calculated to reach an informed determination, and unless such extinguisher carries an Underwriters Laboratories, Inc., or manufacturer’s serial number. Such serial number must be permanently affixed on the manufacturer’s identification and instruction plate.

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

History: ss. 1, 2, 3, ch. 70-417; s. 658, ch. 71-136; s. 2, ch. 78-141; s. 5, ch. 84-243; s. 18, ch. 89-233; s. 39, ch. 2013-183; s. 41, ch. 2018-102.
Fla. Stat. § 625.303 — Florida Code / Title XXXVII / Chapter 625 / Part II / Section 625.303
625.303 General qualifications.
Status: in_force

(1) No security or investment (other than real property and personal property acquired under s. 625.333) shall be eligible for acquisition unless it is interest-bearing or interest-accruing, is entitled to receive dividends if and when declared and paid or is otherwise income-producing, is not then in default in any respect, and the insurer is entitled to receive for its exclusive account and benefit the interest or income accruing thereon.

(2) No security or investment shall be eligible for purchase at a price above its market value unless it is approved by the office and is made in accordance with valuation procedures of the National Association of Insurance Commissioners which have been adopted by the commission.

(3) No provision of this part shall prohibit the acquisition by an insurer of other or additional securities or property if received as a dividend, as a lawful distribution of assets, or under a lawful and bona fide agreement of bulk reinsurance, merger, or consolidation. Any investment so acquired which is not otherwise eligible under this part shall be disposed of pursuant to s. 625.338 if property or securities.

History: s. 128, ch. 59-205; s. 1, ch. 70-188; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 99, 122, 809(1st), ch. 82-243; s. 10, ch. 82-386; s. 80, ch. 83-216; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 880, ch. 2003-261.
Fla. Stat. § 429.54 — Florida Code / Title XXX / Chapter 429 / Part I / Section 429.54
429.54 Collection of information; local subsidy.
Status: in_force

(1) To enable the agency to collect the information requested by the Legislature regarding the actual cost of providing room, board, and personal care in facilities, the agency is authorized to conduct field visits and audits of facilities as necessary. The owners of randomly sampled facilities shall submit such reports, audits, and accountings of cost as the agency may require by rule; provided that such reports, audits, and accountings shall be the minimum necessary to implement this section. Any facility selected to participate in the study shall cooperate with the agency by providing cost of operation information to interviewers.

(2) Local governments or organizations may contribute to the cost of care of local facility residents by further subsidizing the rate of state-authorized payment to such facilities. Implementation of local subsidy requires agency approval and may not result in reductions in the state supplement.

History: ss. 12, 35, ch. 80-198; s. 2, ch. 81-318; ss. 75, 79, 83, ch. 83-181; s. 53, ch. 83-218; ss. 38, 39, ch. 93-216; s. 2, ch. 2006-197; s. 21, ch. 2019-11.
Fla. Stat. § 1009.215 — Florida Code / Title XLVIII / Chapter 1009 / Part II / Section 1009.215
1009.215 Student enrollment pilot program for the spring and summer terms.
Status: in_force

(1) Subject to approval by the Board of Governors, the University of Florida may plan and implement a student enrollment pilot program for the spring and summer terms for the purpose of aligning on-campus student enrollment and the availability of instructional facilities.

(2) The pilot program shall provide for a student cohort that is limited to on-campus enrollment during the spring and summer terms. Students in this cohort are not eligible for on-campus enrollment during the fall term.

(3) Students who are enrolled in the pilot program and who are eligible to receive Bright Futures Scholarships under ss. 1009.53-1009.536 are eligible to receive the scholarship award for attendance during the spring and summer terms. This student cohort is also eligible to receive Bright Futures Scholarships during the fall term, which may be used for off-campus or online coursework, if Bright Futures Scholarship funding is provided by the Legislature for three terms for other eligible students during that academic year.

(4) By January 31, 2013, the University of Florida shall report to the Board of Governors, the President of the Senate, and the Speaker of the House of Representatives regarding the result of the pilot program.

History: s. 10, ch. 2011-63; s. 20, ch. 2012-134; ss. 12, 13, ch. 2018-10; s. 9, ch. 2019-103; ss. 4, 5, 115, ch. 2019-116.
Fla. Stat. § 605.1024 — Florida Code / Title XXXVI / Chapter 605 / Section 605.1024
605.1024 Amendment or abandonment of plan of merger.
Status: in_force

(1) A plan of merger may be amended only with the consent of each party to the plan except as otherwise provided in the plan or in the organic rules of each such entity.

(2) A merging limited liability company may approve an amendment of a plan of merger: (a) In the same manner that the plan was approved if the plan does not provide for the manner in which it may be amended; or (b) By the managers or members in the manner provided in the plan, but a member who was entitled to vote on or consent to the approval of the merger is entitled to vote on or consent to an amendment of the plan which will change: 1. The amount or kind of interests, securities, obligations, money, other property, rights to acquire interests or securities, or any combination of the foregoing, to be received by the interest holders of any party to the plan; 2. The public organic record, if any, or private organic rules of the surviving entity which will be in effect immediately after the merger becomes effective, except for changes that do not require approval of the interest holders of the surviving entity under its organic law or organic rules; or 3. Any other terms or conditions of the plan if the change would adversely affect the member in any material respect.

(3) After a plan of merger has been approved and before the articles of merger become effective, the plan may be abandoned as provided in the plan. Unless prohibited by the plan, a domestic merging limited liability company may abandon the plan in the same manner as the plan was approved.

(4) If a plan of merger is abandoned after articles of merger have been delivered to the department for filing and before such articles of merger have become effective, a statement of abandonment, signed by a party to the plan, must be delivered to the department for filing before the articles of merger become effective. The statement of abandonment takes effect on filing, and the merger is abandoned and does not become effective. The statement of abandonment must contain the following: (a) The name of each party to the plan of merger. (b) The date on which the articles of merger were delivered to the department for filing. (c) A statement that the merger has been abandoned in accordance with this section.

History: s. 2, ch. 2013-180.
Fla. Stat. § 601.95 — Florida Code / Title XXXV / Chapter 601 / Section 601.95
601.95 Seizure of citrus fruit containing arsenic.
Status: in_force

Whenever any citrus fruit inspector shall find citrus fruit, except grapefruit, at any packinghouse, canning plant, concentrating plant, or other place that the same is being received or prepared for sale or transportation which citrus fruit shall, when tested, show an abnormal and excessively high ratio of total soluble solids of the juice thereof to the anhydrous citric acid thereof indicating the presence of arsenic therein, said inspector shall at once seize and take possession of said citrus fruit, except grapefruit, pending the procuring of the chemical analysis provided for in this chapter notifying the manager or other person in charge of said packinghouse, canning plant, concentrating plant, or other place where the said fruit is being received of such seizure. It is unlawful for the manager of said packinghouse, canning plant, concentrating plant, or other place where the fruit is being received, or the owner of said citrus fruit, or any person whomsoever to sell, transport, or in any way move or dispose of any of said fruit from the time of seizure thereof until after the making of said chemical analysis and the receipt of the chemist’s report thereon; provided that no citrus fruit so seized may be held by any inspector more than 96 hours after the time of seizure thereof unless the same shall be shown by the chemist’s analysis to contain arsenic.

History: s. 95, ch. 25149, 1949; s. 10, ch. 26484, 1951.
Fla. Stat. § 429.49 — Florida Code / Title XXX / Chapter 429 / Part I / Section 429.49
429.49 Resident records; penalties for alteration.
Status: in_force

(1) Any person who fraudulently alters, defaces, or falsifies any medical or other record of an assisted living facility, or causes or procures any such offense to be committed, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A conviction under subsection (1) is also grounds for restriction, suspension, or termination of license privileges.

History: s. 48, ch. 2001-45; s. 2, ch. 2006-197.
Fla. Stat. § 320.31 — Florida Code / Title XXIII / Chapter 320 / Section 320.31
320.31 Definitions covering ss. 320.28 and 320.30.
Status: in_force

The terms “dealer” and “vendor,” used in ss. 320.28 and 320.30, shall be construed to include every individual, partnership, corporation or trust whose business in whole or in part, is that of selling new or used motor vehicles and likewise shall be construed to include every agent, representative, or consignee of any such dealer as defined above, as fully as if same had been herein expressly set out.

History: s. 4, ch. 17113, 1935; s. 4, ch. 18032, 1937; CGL 1940 Supp. 1317(4), (9); s. 7, ch. 24337, 1947; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 15, 17, ch. 80-217; ss. 2, 3, ch. 81-318; ss. 20, 21, ch. 88-395; s. 4, ch. 91-429.
Fla. Stat. § 673.4121 — Florida Code / Title XXXIX / Chapter 673 / Part IV / Section 673.4121
673.4121 Obligation of issuer of note or cashier’s check.
Status: in_force

The issuer of a note or cashier’s check or other draft drawn on the drawer is obliged to pay the instrument:

(1) According to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder; or

(2) If the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in ss. 673.1151 and 673.4071.

The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under s. 673.4151.

History: s. 2, ch. 92-82.
Fla. Stat. § 733.809 — Florida Code / Title XLII / Chapter 733 / Part VIII / Section 733.809
733.809 Right of retainer.
Status: in_force

The amount of a noncontingent indebtedness due from a beneficiary to the estate or its present value, if not due, may be offset against that beneficiary’s interest. However, that beneficiary shall have the benefit of any defense that would be available in a direct proceeding for recovery of the debt.

History: s. 1, ch. 74-106; s. 39, ch. 77-87; s. 1022, ch. 97-102; s. 159, ch. 2001-226.
Fla. Stat. § 483.917 — Florida Code / Title XXXII / Chapter 483 / Part III / Section 483.917
483.917 Grounds for disciplinary action; penalties.
Status: in_force

(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (a) Attempting to obtain, obtaining, or renewing a license under this part by fraudulent misrepresentation. (b) Having a license revoked, suspended, or otherwise acted against, including the denial of licensure in another jurisdiction. (c) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of genetic counseling, including a violation of federal laws or regulations regarding genetic counseling. (d) Making or filing a report or record that the licensee knows is false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records include only reports or records that are signed in a person’s capacity as a licensee under this part. (e) Knowingly advertising services related to genetic counseling in a fraudulent, false, deceptive, or misleading manner. (f) Violating a previous order of the department entered in a disciplinary hearing or failing to comply with a subpoena issued by the department. (g) Practicing with a revoked, suspended, or inactive license. (h) Gross or repeated malpractice or the failure to deliver genetic counseling services with that level of care and skill which is recognized by a reasonably prudent licensed genetic counselor as being acceptable under similar conditions and circumstances. (i) Unprofessional conduct, including, but not limited to, any departure from or failure to conform to the minimal prevailing standards of acceptable practice under this part and department rule, including, but not limited to, any of the following: 1. Practicing or offering to practice beyond the scope permitted by law or accepting and performing genetic counseling services the licensee knows, or has reason to know, he or she is not competent to perform. 2. Failing to refer a patient to a health care practitioner as defined in s. 456.001 if the licensee is unable or unwilling to provide genetic counseling services to the patient. 3. Failing to maintain the confidentiality of any information received under this part or failing to maintain the confidentiality of patient records pursuant to s. 456.057, unless such information or records are released by the patient or otherwise authorized or required by law to be released. 4. Exercising influence on the patient or family in such a manner as to exploit the patient or family for financial gain of the licensee. (j) Violating this part or chapter 456, or any rules adopted pursuant thereto.

(2) The department may enter an order denying licensure to or imposing penalties against any applicant for licensure or any licensee who is found guilty of violating subsection (1) or s. 483.916.

History: s. 1, ch. 2021-133.
Fla. Stat. § 468.8325 — Florida Code / Title XXXII / Chapter 468 / Part XV / Section 468.8325
468.8325 Rulemaking authority.
Status: in_force

The department shall adopt rules to administer this part.

History: s. 23, ch. 2010-106; s. 15, ch. 2010-176.
Fla. Stat. § 876.155 — Florida Code / Title XLVI / Chapter 876 / Section 876.155
876.155 Applicability; ss. 876.12-876.15.
Status: in_force

The provisions of ss. 876.12-876.15 apply only if the person was wearing the mask, hood, or other device:

(1) With the intent to deprive any person or class of persons of the equal protection of the laws or of equal privileges and immunities under the laws or for the purpose of preventing the constituted authorities of this state or any subdivision thereof from, or hindering them in, giving or securing to all persons within this state the equal protection of the laws;

(2) With the intent, by force or threat of force, to injure, intimidate, or interfere with any person because of the person’s exercise of any right secured by federal, state, or local law or to intimidate such person or any other person or any class of persons from exercising any right secured by federal, state, or local law;

(3) With the intent to intimidate, threaten, abuse, or harass any other person; or

(4) While she or he was engaged in conduct that could reasonably lead to the institution of a civil or criminal proceeding against her or him, with the intent of avoiding identification in such a proceeding.

History: s. 1, ch. 81-249; s. 1416, ch. 97-102.
Fla. Stat. § 497.392 — Florida Code / Title XXXIII / Chapter 497 / Part III / Section 497.392
497.392 Branch chapels.
Status: in_force

Notwithstanding the provisions of s. 497.380, any licensed establishment operating a branch chapel on June 30, 1979, in accordance with the law then in effect, as determined by the licensing authority, may continue to operate such branch chapel for the sole and exclusive purpose of providing and holding funeral services.

History: ss. 3, 4, ch. 79-231; s. 1, ch. 81-303; s. 2, ch. 81-318; s. 1, ch. 89-8; ss. 35, 122, ch. 93-399; s. 4, ch. 2000-332; s. 97, ch. 2004-301.
Fla. Stat. § 90.806 — Florida Code / Title VII / Chapter 90 / Section 90.806
90.806 Attacking and supporting credibility of declarant.
Status: in_force

(1) When a hearsay statement has been admitted in evidence, credibility of the declarant may be attacked and, if attacked, may be supported by any evidence that would be admissible for those purposes if the declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time inconsistent with the declarant’s hearsay statement is admissible, regardless of whether or not the declarant has been afforded an opportunity to deny or explain it.

(2) If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine the declarant on the statement as if under cross-examination.

History: s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 500, ch. 95-147.
Fla. Stat. § 509.407 — Florida Code / Title XXXIII / Chapter 509 / Part I / Section 509.407
509.407 Writ of distress; levy of writ.
Status: in_force

The officer of the court to whom a final judgment writ of distress is directed shall execute the writ of distress by service on defendant and by levy on property distrainable for services rendered, if found within the area of the officer’s jurisdiction. If the property is not so found but is in another jurisdiction, the officer shall deliver the writ to the proper authority in the other jurisdiction. The writ shall be executed by levying on such property and delivering it to the officer of the court in which the action is pending, to be disposed of according to law, unless the officer is ordered by such court to hold the property and dispose of it according to law. If the defendant cannot be found, the levy on the property suffices as service if the plaintiff and the officer each file a sworn statement stating that the whereabouts of the defendant are unknown.

History: s. 1, ch. 77-249; ss. 33, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 41, 51, 52, ch. 90-339; s. 4, ch. 91-429.
Fla. Stat. § 651.028 — Florida Code / Title XXXVII / Chapter 651 / Section 651.028
651.028 Accredited facilities.
Status: in_force

A provider or facility is deemed accredited for purposes of ss. 400.235(5)(b)1. and 651.105(1) if it is accredited without stipulations or conditions by a process found by the commission to be acceptable, substantially equivalent to the provisions of this chapter, and consistent with the security protections intended by this chapter.

History: ss. 6, 16, ch. 91-98; ss. 4, 12, ch. 93-22; s. 1675, ch. 2003-261; s. 2, ch. 2015-122; s. 14, ch. 2019-160.
Fla. Stat. § 1009.976 — Florida Code / Title XLVIII / Chapter 1009 / Part IV / Section 1009.976
1009.976 Annual report.
Status: in_force

On or before March 31 of each year, the Florida Prepaid College Board shall prepare or cause to be prepared separate reports setting forth in appropriate detail an accounting of the prepaid program and the savings program which include a description of the financial condition of each respective program at the close of the fiscal year. The board shall submit copies of the reports to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the minority leaders of the House and Senate and shall make the report for the prepaid program available to each purchaser and the report for the savings program available to each benefactor and designated beneficiary. The accounts of the fund for the prepaid program and the savings program shall be subject to annual audits by the Auditor General.

History: s. 487, ch. 2002-387.
Fla. Stat. § 733.5035 — Florida Code / Title XLII / Chapter 733 / Part V / Section 733.5035
733.5035 Surrender of assets after resignation.
Status: in_force

When the resignation has been accepted by the court, all estate assets, records, documents, papers, and other property of or concerning the estate in the resigning personal representative’s possession or control shall immediately be surrendered to the successor fiduciary. The court may establish the conditions and specify the assets and records, if any, that the resigning personal representative may retain until the final accounting of the resigning personal representative has been approved.

History: s. 115, ch. 2001-226.
Fla. Stat. § 479.312 — Florida Code / Title XXXII / Chapter 479 / Part III / Section 479.312
479.312 Unpermitted signs; cost of removal.
Status: in_force

All costs incurred by the department in connection with the removal of a sign located within a controlled area adjacent to the State Highway System, interstate highway system, or federal-aid primary highway system which has not been issued a permit under part I shall be assessed against and collected from the owner of the sign, the advertiser displayed on the sign, or the owner of the property upon which the sign is located. For the purposes of this section, a sign that does not display the name of the sign owner shall be presumed to be owned by the owner of the property upon which the sign is located.

History: s. 43, ch. 2010-225.
Fla. Stat. § 488.02 — Florida Code / Title XXXII / Chapter 488 / Section 488.02
488.02 Rules and regulations.
Status: in_force

The Department of Highway Safety and Motor Vehicles has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.

History: s. 2, ch. 28142, 1953; ss. 24, 35, ch. 69-106; s. 2, ch. 81-318; ss. 2, 10, 11, ch. 84-150; s. 4, ch. 91-429; s. 159, ch. 98-200.