FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 400.0070 — Florida Code / Title XXIX / Chapter 400 / Part I / Section 400.0070
400.0070 Conflicts of interest.
Status: in_force

(1) A representative of the State Long-Term Care Ombudsman Program may not: (a) Have a direct involvement in the licensing or certification of, or an ownership or investment interest in, a long-term care facility or a provider of a long-term care service. (b) Be employed by, or participate in the management of, a long-term care facility. (c) Receive, or have a right to receive, directly or indirectly, remuneration, in cash or in kind, under a compensation agreement with the owner or operator of a long-term care facility.

(2) Each representative of the State Long-Term Care Ombudsman Program shall certify that he or she does not have a conflict of interest.

(3) The department, in consultation with the state ombudsman, shall define by rule: (a) Situations that constitute a conflict of interest which could materially affect the objectivity or capacity of an individual to serve as a representative of the State Long-Term Care Ombudsman Program while carrying out the purposes of the State Long-Term Care Ombudsman Program as specified in this part. (b) The procedure by which an individual listed in subsection (2) must certify that he or she does not have a conflict of interest.

History: s. 8, ch. 2006-121; s. 7, ch. 2015-31; s. 45, ch. 2016-10.
Fla. Stat. § 420.6075 — Florida Code / Title XXX / Chapter 420 / Part VI / Section 420.6075
420.6075 Research and planning for affordable housing; annual housing report.
Status: in_force

(1) The research and planning functions of the department shall include the collection of data on the need for affordable housing in this state and the extent to which that need is being met through federal, state, and local programs, in order to facilitate planning to meet the housing needs in this state and to enable the development of sound strategies and programs for affordable housing. To fulfill this function, the Shimberg Center for Housing Studies at the University of Florida shall perform the following functions: (a) Quantify affordable housing needs in this state by analyzing available data, including information provided through the housing elements of local comprehensive plans, and identify revisions in the housing element data requirements that would result in more uniform, meaningful information being obtained. (b) Document the results since 1980 of all programs administered by the department which provide for or act as incentives for housing production or improvement. Data on program results must include the number of units produced and the unit cost under each program. (c) Inventory the supply of affordable housing units made available through federal, state, and local programs. Data on the geographic distribution of affordable units must show the availability of units in each county and municipality.

(2) By December 31 of each year, the Shimberg Center for Housing Studies shall submit to the Legislature an updated housing report describing the supply of and need for affordable housing. This annual housing report shall include: (a) A synopsis of training and technical assistance activities and community-based organization housing activities for the year. (b) A status report on the degree of progress toward meeting the housing objectives of the department’s agency functional plan. (c) Recommended housing initiatives for the next fiscal year and recommended priorities for assistance to the various target populations within the spectrum of housing need.

(3) The Shimberg Center for Housing Studies shall: (a) Conduct research on program options to address the need for affordable housing. (b) Conduct research on training models to be replicated or adapted to meet the needs of community-based organizations and state and local government staff involved in housing development.

History: s. 11, ch. 89-121; s. 14, ch. 90-275; s. 30, ch. 92-317; s. 20, ch. 93-260; s. 23, ch. 95-144; s. 6, ch. 95-396; s. 37, ch. 2023-17.
Fla. Stat. § 744.638 — Florida Code / Title XLIII / Chapter 744 / Part VIII / Section 744.638
744.638 Clerk of the circuit court; fees; duties.
Status: in_force

Upon the filing of the petition for guardianship, granting of same, and entering decree thereon, the clerk of the circuit court is entitled to the service charge as provided by law, which shall include the cost of recording the petition, bond, and decree and the issuing of letters of guardianship. The certificate of the secretary or the secretary’s authorized representative provided for in s. 744.613 need not be recorded but must be kept in the file. Upon issuing letters of guardianship or letters appointing a guardian for the estate of a minor or incompetent, the clerk of the circuit court shall send to the regional office of the United States Department of Veterans Affairs having jurisdiction in this state two certified copies of the letters and two certified copies of the bond approved by the court, without charge or expense to the estate involved. The clerk of the circuit court shall also send a certified copy of such letters to the property appraiser and to the tax collector in each county in which the ward owns real property.

History: s. 10, ch. 11906, 1927; CGL 2142; s. 1, ch. 73-304; s. 24, ch. 73-334; s. 7, ch. 84-62; s. 11, ch. 87-145; s. 51, ch. 93-268; s. 1125, ch. 97-102.
Fla. Stat. § 88.3031 — Florida Code / Title VI / Chapter 88 / Part III / Section 88.3031
88.3031 Application of law of state.
Status: in_force

Except as otherwise provided in this act, a responding tribunal of this state shall:

(1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

(2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.

History: s. 3, ch. 96-189; s. 19, ch. 97-170; s. 18, ch. 2011-92.
Fla. Stat. § 316.3045 — Florida Code / Title XXIII / Chapter 316 / Section 316.3045
316.3045 Operation of radios or other mechanical or electronic soundmaking devices or instruments in vehicles; exemptions.
Status: in_force

(1) A person operating or occupying a motor vehicle on a street or highway may not operate or amplify the sound produced by a radio, tape player, compact disc player, portable music or video player, cellular telephone, tablet computer, laptop computer, stereo, television, musical instrument, or other mechanical or electronic soundmaking device or instrument, which sound emanates from the motor vehicle, so that the sound is: (a) Plainly audible at a distance of 25 feet or more from the motor vehicle; or (b) Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining private residences, churches, schools, or hospitals.

(2) This section does not apply to a law enforcement vehicle equipped with a communication device necessary in the performance of law enforcement duties or to an emergency vehicle equipped with a communication device necessary in the performance of emergency procedures.

(3) This section does not apply to the noise made by a horn or other warning device required or permitted by s. 316.271. The Department of Highway Safety and Motor Vehicles shall adopt rules defining “plainly audible” and establish standards regarding how sound should be measured by law enforcement personnel who enforce this section.

(4) This section does not prohibit a local authority from lawfully imposing more stringent regulations on sound produced by a radio or other mechanical or electronic soundmaking device or instrument as described in subsection (1), which sound emanates from a motor vehicle.

(5) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History: s. 1, ch. 90-256; s. 220, ch. 99-248; s. 9, ch. 2005-164; s. 2, ch. 2022-149.
Fla. Stat. § 220.737 — Florida Code / Title XIV / Chapter 220 / Part VIII / Section 220.737
220.737 Amounts less than $1.
Status: in_force

(1) The department may by regulation provide that if a total amount of less than $1 is payable, refundable, or creditable, such amount either may be disregarded or shall be disregarded if it is less than 50 cents and increased to $1 if it is 50 cents or more.

(2) The department may by regulation provide that any amount which is required to be shown or reported on any return or other document required under this chapter shall, if such amount is not a whole dollar, be increased to the nearest whole dollar when the fractional part of a dollar is 50 cents or more and decreased to the nearest whole dollar when the fractional part of a dollar is less than 50 cents.

History: s. 19, ch. 71-359; s. 59, ch. 91-112.
Fla. Stat. § 403.867 — Florida Code / Title XXIX / Chapter 403 / Part VI / Section 403.867
403.867 License required.
Status: in_force

A person may not perform the duties of an operator of a water treatment plant, water distribution system, or domestic wastewater treatment plant unless he or she holds an active and valid operator license issued by the department under s. 403.872 or s. 403.8721.

History: s. 7, ch. 97-236; s. 9, ch. 2001-270; s. 2, ch. 2023-204.
Fla. Stat. § 384.33 — Florida Code / Title XXIX / Chapter 384 / Section 384.33
384.33 Rules.
Status: in_force

The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. The rules may include requirements for methods of contacting a physician to determine the need for followup services related to sexually transmissible diseases; standards for screening, treating, and performing contact investigations to control the spread of sexually transmitted diseases; and requirements for maintaining the security of confidential information.

History: s. 90, ch. 86-220; s. 17, ch. 98-151; s. 95, ch. 98-200; s. 21, ch. 2000-242.
Fla. Stat. § 80.01 — Florida Code / Title VI / Chapter 80 / Section 80.01
80.01 Quo warranto; refusal of Attorney General to institute.
Status: in_force

Any person claiming title to an office which is exercised by another has the right, on refusal by the Attorney General to commence an action in the name of the state upon the claimant’s relation, or on the Attorney General’s refusal to file a petition setting forth the claimant’s name as the person rightfully entitled to the office, to file an action in the name of the state against the person exercising the office, setting up his or her own claim. The court shall determine the right of the claimant to the office, if the claimant so desires. No person shall be adjudged entitled to hold an office except upon full proof of the person’s title to the office in any action of this character.

History: s. 2, ch. 1874, 1872; RS 1782; GS 2259; RGS 3582; CGL 5447; s. 30, ch. 67-254; s. 419, ch. 95-147.
Fla. Stat. § 445.016 — Florida Code / Title XXXI / Chapter 445 / Section 445.016
445.016 Untried Worker Placement and Employment Incentive Act.
Status: in_force

(1) This section may be cited as the “Untried Worker Placement and Employment Incentive Act.”

(2) For purposes of this section, the term “untried worker” means a person who is a hard-to-place participant in the welfare transition program because he or she has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment, particularly because of physical or mental disabilities.

(3) Incentive payments may be made to for-profit or not-for-profit agents selected by local workforce development boards who successfully place untried workers in full-time employment for 6 months with an employer after the employee successfully completes a probationary placement of no more than 6 months with that employer. Full-time employment that includes health care benefits will receive an additional incentive payment.

(4) The for-profit and not-for-profit agents shall contract to provide services for no more than 1 year. Contracts may be renewed upon successful review by the contracting agent.

(5) Incentives must be paid according to the incentive schedule developed by CareerSource Florida, Inc., the Department of Commerce, and the Department of Children and Families which costs the state less per placement than the state’s 12-month expenditure on a welfare recipient.

(6) During an untried worker’s probationary placement, the for-profit or not-for-profit agent shall be the employer of record of that untried worker, and shall provide workers’ compensation and reemployment assistance coverage as provided by law. The business employing the untried worker through the agent may be eligible to apply for any tax credits, wage supplementation, wage subsidy, or employer payment for that employee that are authorized in law or by agreement with the employer. After satisfactory completion of such a probationary period, an untried worker shall not be considered an untried worker.

(7) This section shall not be used for the purpose of displacing or replacing an employer’s regular employees, and shall not interfere with executed collective bargaining agreements. Untried workers shall be paid by the employer at the same rate as similarly situated and assessed workers in the same place of employment.

(8) An employer that demonstrates a pattern of unsuccessful placements shall be disqualified from participation in these pilots because of poor return on the public’s investment.

(9) Any employer that chooses to employ untried workers is eligible to receive such incentives and benefits that are available and provided in law, as long as the long-term, cost savings can be quantified with each such additional inducement.

History: s. 3, ch. 96-404; s. 216, ch. 99-8; s. 56, ch. 99-251; s. 16, ch. 2000-165; s. 385, ch. 2011-142; s. 71, ch. 2012-30; s. 258, ch. 2014-19; s. 36, ch. 2015-98; s. 34, ch. 2016-216; s. 206, ch. 2024-6.
Fla. Stat. § 921.21 — Florida Code / Title XLVII / Chapter 921 / Section 921.21
921.21 Progress reports to Florida Commission on Offender Review.
Status: in_force

From time to time the Department of Corrections shall submit to the Florida Commission on Offender Review progress reports and recommendations regarding prisoners sentenced under s. 921.18. If the classification board of the Department of Corrections determines that justice and the public welfare will best be served by paroling or discharging a prisoner, it shall transmit its finding to the Florida Commission on Offender Review. The commission shall have the authority to place the prisoner on parole as provided by law or give the prisoner a full discharge from custody. The period of a parole granted by the Florida Commission on Offender Review shall be in its discretion, but the parole period may not exceed the maximum term for which the prisoner was sentenced.

History: s. 5, ch. 57-366; s. 18, ch. 61-530; s. 128, ch. 70-339; s. 1, ch. 70-441; s. 28, ch. 79-3; s. 45, ch. 88-122; s. 1547, ch. 97-102; s. 24, ch. 2014-191.
Fla. Stat. § 154.231 — Florida Code / Title XI / Chapter 154 / Part III / Section 154.231
154.231 Negotiability of bonds.
Status: in_force

All bonds issued under the provisions of this part shall have, and are hereby declared to have, all the qualities and incidents, including negotiability, of investment securities under the Uniform Commercial Code, but no provision of such code respecting the filing of a financing statement to perfect a security interest shall be deemed necessary for, or applicable to, any security interest created in connection with the issuance of any such bonds.

History: s. 16, ch. 74-323.
Fla. Stat. § 243.35 — Florida Code / Title XVI / Chapter 243 / Part I / Section 243.35
243.35 Legal investment.
Status: in_force

Bonds issued by the authority under the provisions of this part are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may hereafter be authorized by law.

History: s. 18, ch. 69-345.
Fla. Stat. § 468.70 — Florida Code / Title XXXII / Chapter 468 / Part XIII / Section 468.70
468.70 Legislative intent.
Status: in_force

It is the intent of the Legislature that athletic trainers practicing in this state meet minimum requirements for safe practice and that an athletic trainer who falls below minimum competency or who otherwise presents a danger to the public be prohibited from practicing in this state. It is the further intent of the Legislature to protect the public by licensing and fully regulating athletic trainers.

History: s. 320, ch. 94-119; s. 1, ch. 95-388; s. 2, ch. 2000-332; s. 1, ch. 2015-116.
Fla. Stat. § 159.615 — Florida Code / Title XI / Chapter 159 / Part IV / Section 159.615
159.615 Validation of bonds and proceedings.
Status: in_force

A housing finance authority shall determine its authority to issue any of its bonds and the legality of all proceedings had or taken in connection therewith, in the same manner and to the same extent as provided in chapter 75 for the determination by a county, municipality, taxing district, or other political subdivision of its authority to incur bonded debt or to issue certificates of indebtedness and of the legality of all proceedings had or taken in connection therewith.

History: s. 15, ch. 78-89.
Fla. Stat. § 744.462 — Florida Code / Title XLIII / Chapter 744 / Part VI / Section 744.462
744.462 Determination regarding alternatives to guardianship.
Status: in_force

Any judicial determination concerning the validity of the ward’s durable power of attorney, trust, or trust amendment shall be promptly reported in the guardianship proceeding by the guardian of the property. If the instrument has been judicially determined to be valid or if, after the appointment of a guardian, a petition is filed alleging that there is an alternative to guardianship which will sufficiently address the problems of the ward, the court shall review the continued need for a guardian and the extent of the need for delegation of the ward’s rights.

History: s. 6, ch. 2006-77; s. 47, ch. 2006-217.
Fla. Stat. § 1009.988 — Florida Code / Title XLVIII / Chapter 1009 / Part IV / Section 1009.988
1009.988 Florida ABLE Program Trust Fund.
Status: in_force

(1) The Florida ABLE Program Trust Fund is created within the State Board of Administration.

(2) The Florida ABLE Program Trust Fund shall consist of appropriations, moneys acquired from other governmental or private sources for the Florida ABLE program, and moneys remitted in accordance with participation agreements. Assets held in the trust fund may be expended only to carry out the purposes of the Florida ABLE program. (a) Any balance in the trust fund at the end of a fiscal year shall remain in the trust fund and shall be available for carrying out the purpose of the Florida ABLE program. Assets held in the trust fund are exempt from the investment requirements of s. 17.57 and may be invested pursuant to s. 215.47. (b) Assets held in the trust fund shall be maintained, invested, and expended solely for the purposes of the Florida ABLE program and may not be loaned, transferred, or otherwise used by the state for any purpose other than the Florida ABLE program. This paragraph does not prohibit Florida ABLE, Inc., from investing in, by purchase or otherwise, bonds, notes, or other obligations of the state or an agency or instrumentality of the state. Unless otherwise specified by Florida ABLE, Inc., assets held in the trust fund shall be expended in the priority of making payments to, or on behalf of, designated beneficiaries, and then paying for the costs of administration and operations for the Florida ABLE program.

History: ss. 1, 2, ch. 2015-57; s. 2, ch. 2018-79.
Fla. Stat. § 403.191 — Florida Code / Title XXIX / Chapter 403 / Part I / Section 403.191
403.191 Construction in relation to other law.
Status: in_force

(1) It is the purpose of this act to provide additional and cumulative remedies to prevent, abate, and control the pollution of the air and waters of the state. Nothing contained herein shall be construed to abridge or alter rights of action or remedies in equity under the common law or statutory law, criminal or civil, nor shall any provisions of this act, or any act done by virtue thereof, be construed as estopping the state or any municipality, or person affected by air or water pollution, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.

(2) No civil or criminal remedy for any wrongful action which is a violation of any rule or regulation of the department shall be excluded or impaired by the provisions of this chapter.

(3) This act shall limit and restrict the application of chapter 24952, 1947, Laws of Florida, to any person operating any industrial plant that has located in the State of Florida in reliance thereon and exercised rights and powers granted thereby on and before the effective date of this act; provided such person shall henceforth in the exercise of such rights and powers install and use treatment works or control measures generally equivalent to those installed and used by other similar industrial plants pursuant to the requirements of the department.

History: s. 20, ch. 67-436; ss. 26, 35, ch. 69-106.
Fla. Stat. § 736.1405 — Florida Code / Title XLII / Chapter 736 / Part XIV / Section 736.1405
736.1405 Exclusions.
Status: in_force

(1) As used in this section, the term “power of appointment” means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.

(2) Unless the terms of a trust expressly provide otherwise by specific reference to this part, section, or paragraph, this part does not apply to: (a) A power of appointment; (b) A power to appoint or remove a trustee or trust director; (c) A power of a settlor over a trust while the trust is revocable by that settlor; (d) A power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of: 1. The beneficiary; or 2. Another beneficiary represented by the beneficiary under ss. 736.0301-736.0305 with respect to the exercise or nonexercise of the power; (e) A power over a trust if the terms of the trust provide that the power is held in a nonfiduciary capacity; and 1. The power must be held in a nonfiduciary capacity to achieve the settlor’s tax objectives under the United States Internal Revenue Code of 1986, as amended, and regulations issued thereunder, as amended; or 2. It is a power to reimburse the settlor for all or a part of the settlor’s income tax liabilities attributable to the income of the trust; or (f) A power to add or to release a power under the trust instrument if the power subject to addition or release causes the settlor to be treated as the owner of all or any portion of the trust for federal income tax purposes.

(3) Unless the terms of a trust provide otherwise, a power granted to a person other than a trustee: (a) To designate a recipient of an ownership interest in trust property, including a power to terminate a trust, is a power of appointment and not a power of direction. (b) To create, modify, or terminate a power of appointment is a power of direction and not a power of appointment, except a power to create a power of appointment that is an element of a broader power to affect an ownership interest in trust property beyond the mere creation of a power of appointment, such as a power to appoint trust property in further trust, is a power of appointment and not a power of direction.

History: s. 16, ch. 2021-183.