FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 210.14 — Florida Code / Title XIV / Chapter 210 / Part I / Section 210.14
210.14 Warrant for collection of taxes.
Status: in_force

(1) In addition to all other remedies for the collection of any taxes due under the provisions of this part, the division may issue a warrant under its official seal, which warrant may be filed by the division in the office of the clerk of the circuit court of any county where the delinquent taxpayer owns property. Upon presentation of the warrant, the clerk of the circuit court shall enter it in the judgment docket. The name of the person mentioned in the warrant, the amount of the tax and penalties for which the warrant was issued, and the date such copy was filed shall be included in the record of the warrant. The clerk shall be allowed the same fees as are allowed by law for similar services rendered in judgment execution proceedings. The warrant issued by the division may then be directed to the sheriff of any county commanding that sheriff to levy upon and sell the goods and chattels of the specified delinquent person found within the sheriff’s jurisdiction, for the payment of the amount of such delinquency plus a penalty equal to 50 percent of the amount thereof, and interest on the total at 1 percent per month and the cost of executing the warrant, and to return such warrant to the division and to pay it the money collected by virtue thereof within 60 days after receipt of such warrant.

(2) The amount of the warrant docketed pursuant to subsection (1) shall become a lien upon the title to or the interest in real or personal property of the person against whom the warrant is issued. The sheriff to whom any such warrant is directed shall proceed upon the warrant in all respects and with like effect and in the same manner as prescribed by law in respect to executions issued against goods and chattels upon judgments by a court of record, and the sheriff shall be entitled to the same fees for his or her services in executing the warrant to be collected in the same manner.

(3) In the discretion of the division, a warrant of like terms, force, and effect may be issued and directed to any officer or employee of the division; and in the execution thereof such officer or employee shall have all the power conferred by law upon sheriffs, but shall be entitled to no fee or compensation in excess of the actual expenses paid in the performance of such duty. If a warrant is returned not satisfied in full, the division may from time to time issue new warrants and shall also have the same remedies to enforce the amount due thereunder as if the state had recovered judgment therefor and execution thereon had been returned satisfied.

History: s. 13, ch. 21946, 1943; s. 14, ch. 22645, 1945; s. 1, ch. 26320, 1949; s. 6, ch. 29884, 1955; ss. 16, 35, ch. 69-106; s. 8, ch. 76-261; s. 11, ch. 79-11; s. 9, ch. 82-118; s. 11, ch. 87-86; s. 1098, ch. 95-147.
Fla. Stat. § 641.3103 — Florida Code / Title XXXVII / Chapter 641 / Part I / Section 641.3103
641.3103 Charter, bylaw provisions.
Status: in_force

No health maintenance contract shall contain any provision purporting to make any portion of the articles of incorporation, charter, bylaws, or other organizational document of the health maintenance organization a part of the contract unless the provision is set forth in full in the contract. Any contract provision in violation of this section is invalid, unless the provision operates to the benefit of the subscriber.

History: ss. 25, 47, ch. 85-177; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
Fla. Stat. § 733.704 — Florida Code / Title XLII / Chapter 733 / Part VII / Section 733.704
733.704 Amendment of claims.
Status: in_force

If a bona fide attempt to file a claim is made but the claim is defective as to form, the court may permit the amendment of the claim at any time.

History: s. 1, ch. 74-106; s. 1, ch. 77-174; s. 148, ch. 2001-226.
Fla. Stat. § 211.0253 — Florida Code / Title XIV / Chapter 211 / Part I / Section 211.0253
211.0253 Credit for contributions to eligible charitable organizations.
Status: in_force

Beginning January 1, 2022, there is allowed a credit of 100 percent of an eligible contribution made to an eligible charitable organization under s. 402.62 against any tax due under s. 211.02 or s. 211.025. However, the combined credit allowed under this section and s. 211.0251 may not exceed 50 percent of the tax due on the return on which the credit is taken. If the combined credit allowed under this section and s. 211.0251 exceeds 50 percent of the tax due on the return, the credit must first be taken under s. 211.0251. Any remaining liability must be taken under this section, but may not exceed 50 percent of the tax due. For purposes of the distributions of tax revenue under s. 211.06, the department shall disregard any tax credits allowed under this section to ensure that any reduction in tax revenue received which is attributable to the tax credits results only in a reduction in distributions to the General Revenue Fund. Section 402.62 applies to the credit authorized by this section.

History: s. 16, ch. 2021-31.
Fla. Stat. § 738.412 — Florida Code / Title XLII / Chapter 738 / Section 738.412
738.412 Timber.
Status: in_force

(1) To the extent that a fiduciary does not account for receipts from the sale of timber and related products as a business under s. 738.403, the fiduciary shall allocate the net receipts: (a) To income, to the extent that the amount of timber cut from the land does not exceed the rate of growth of the timber; (b) To principal, to the extent that the amount of timber cut from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber; (c) Between income and principal if the net receipts are from the lease of land used for growing and cutting timber or from a contract to cut timber from land by determining the amount of timber cut from the land under the lease or contract and applying the rules in paragraphs (a) and (b); or (d) To principal, to the extent that advance payments, bonuses, and other payments are not allocated under paragraph (a), paragraph (b), or paragraph (c).

(2) In determining net receipts to be allocated under subsection (1), a fiduciary shall deduct and transfer to principal a reasonable amount for depletion.

(3) This section applies to land owned or held by a fiduciary regardless of whether a settlor was cutting timber from the land before the fiduciary owned or held the property.

(4) If a fiduciary owns or holds an interest in land used for growing and cutting timber before January 1, 2025, the fiduciary may allocate net receipts from the sale of timber and related products as provided in this section or in the manner used by the fiduciary before January 1, 2025. If the fiduciary acquires an interest in land used for growing and cutting timber on or after January 1, 2025, the fiduciary must allocate net receipts from the sale of timber and related products as provided in this section.

History: s. 1, ch. 2002-42; s. 23, ch. 2012-49; s. 31, ch. 2024-216.
Fla. Stat. § 288.9932 — Florida Code / Title XIX / Chapter 288 / Part XI / Section 288.9932
288.9932 Definitions.
Status: in_force

As used in this part, the term:

(1) “Applicant” means an entrepreneur or small business that applies to a loan administrator for a microloan.

(2) “Entrepreneur” means an individual residing in this state who desires to assume the risk of organizing, managing, and operating a small business in this state.

(3) “Network” means the Florida Small Business Development Center Network.

(4) “Small business” means a business, regardless of corporate structure, domiciled in this state which employs 25 or fewer people and generated average annual gross revenues of $1.5 million or less per year for the preceding 2 years. For the purposes of this part, the identity of a small business is not affected by name changes or changes in personnel.

History: s. 50, ch. 2014-218; s. 113, ch. 2023-173.
Fla. Stat. § 562.01 — Florida Code / Title XXXIV / Chapter 562 / Section 562.01
562.01 Possession of untaxed beverages.
Status: in_force

It is unlawful for any person to own, possess, purchase, sell, serve, distribute, or store any alcoholic beverages unless said person has fully complied with the pertinent provisions of the beverage law relating to the payment of excise taxes.

History: s. 9, ch. 16774, 1935; CGL 1936 Supp. 4151(235); s. 10, ch. 18015, 1937; s. 2, ch. 20830, 1941; s. 1, ch. 57-327; s. 147, ch. 71-355; s. 2, ch. 72-230.
Fla. Stat. § 2.04 — Florida Code / Title I / Chapter 2 / Section 2.04
2.04 Repealed statute not revived by implication.
Status: in_force

No statute of this state which has been repealed shall ever be revived by implication; that is to say, if a statute be passed repealing a former statute, and a third statute be passed repealing the second, the repeal of the second statute shall in no case be construed to revive the first, unless there be express words in the said third statute for this purpose.

History: Nov. 2, 1829; RS 62; GS 62; RGS 74; CGL 90.
Fla. Stat. § 212.09 — Florida Code / Title XIV / Chapter 212 / Section 212.09
212.09 Trade-ins deducted; exception.
Status: in_force

(1) Where used articles, accepted and intended for resale, are taken in trade, or a series of trades, as a credit or part payment on the sale of new articles, the tax levied by this chapter shall be paid on the sales price of the new article, less the credit for the used article taken in trade.

(2) Where used articles, accepted and intended for resale, are taken in trade, or a series of trades, as a credit or part payment on the sale of used articles, the tax levied by this chapter shall be paid on the sales price of the used article less the credit for the used article taken in trade.

(3) A person who is not registered with the department as a seller of aircraft, boats, mobile homes, or vehicles who is selling an aircraft, boat, mobile home, or vehicle and who takes in trade an item other than an aircraft, boat, mobile home, or vehicle may not use the item as a credit against sales price.

History: s. 9, ch. 26319, 1949; s. 4, ch. 98-142.
Fla. Stat. § 255.051 — Florida Code / Title XVIII / Chapter 255 / Section 255.051
255.051 Public bids; check or draft as good faith deposit.
Status: in_force

Whenever any form of bid of the state or any county or municipality thereof or any department or agency of the state, county or municipality or any other public body or institution shall specify that a good faith deposit shall be made by way of a certified check accompanying such bid, such requirement shall be satisfied by the bidder depositing in lieu of such certified check a cashier’s check, treasurer’s check or bank draft of any national or state bank.

History: s. 1, ch. 27999, 1953.
Fla. Stat. § 153.84 — Florida Code / Title XI / Chapter 153 / Part II / Section 153.84
153.84 Contracts enforceable by bondholders.
Status: in_force

Any contract entered into by any district shall be deemed to have been made for the benefit of any holders of bonds issued pursuant to this law to the extent necessary, and the terms of any such contract shall be enforceable by such bondholders in any appropriate legal proceeding. Any such contract if made with another public body or municipality may be enforceable without the requirement of formal consideration.

History: s. 35, ch. 59-466.
Fla. Stat. § 17.0401 — Florida Code / Title IV / Chapter 17 / Section 17.0401
17.0401 Confidentiality of information relating to financial investigations.
Status: in_force

Except as otherwise provided by this section, information relative to an investigation conducted by the Chief Financial Officer pursuant to s. 17.04, including any consumer complaint, is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or ceases to be active. Any information relating to an investigation conducted pursuant to s. 17.04 shall remain confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution after the investigation is completed or ceases to be active if the Chief Financial Officer submits the information to any law enforcement or prosecutorial agency for further investigation. Such information shall remain confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until that agency’s investigation is completed or ceases to be active. For purposes of this section, an investigation shall be considered “active” so long as the Chief Financial Officer or any law enforcement or prosecutorial agency is proceeding with reasonable dispatch and has a reasonable good faith belief that the investigation may lead to the filing of an administrative, civil, or criminal proceeding. This section shall not be construed to prohibit disclosure of information that is required by law to be filed with the Department of Financial Services or the Office of Financial Regulation and that, but for the investigation, would otherwise be subject to public disclosure. Nothing in this section shall be construed to prohibit the Chief Financial Officer from providing information to any law enforcement or prosecutorial agency. Any law enforcement or prosecutorial agency receiving confidential information from the Chief Financial Officer in connection with its official duties shall maintain the confidentiality of the information as provided for in this section.

History: s. 1, ch. 95-425; s. 3, ch. 96-406; s. 19, ch. 2003-261; s. 2, ch. 2016-165.
Fla. Stat. § 817.236 — Florida Code / Title XLVI / Chapter 817 / Part I / Section 817.236
817.236 False and fraudulent motor vehicle insurance application.
Status: in_force

Any person who, with intent to injure, defraud, or deceive any motor vehicle insurer, including any statutorily created underwriting association or pool of motor vehicle insurers, presents or causes to be presented any written application, or written statement in support thereof, for motor vehicle insurance knowing that the application or statement contains any false, incomplete, or misleading information concerning any fact or matter material to the application commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History: s. 49, ch. 90-119; s. 11, ch. 2003-411.
Fla. Stat. § 83.58 — Florida Code / Title VI / Chapter 83 / Part II / Section 83.58
83.58 Remedies; tenant holding over.
Status: in_force

If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in s. 83.59. The landlord may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.

History: s. 2, ch. 73-330; s. 10, ch. 2013-136.
Fla. Stat. § 185.191 — Florida Code / Title XII / Chapter 185 / Section 185.191
185.191 Lump-sum payment of small retirement income.
Status: in_force

For any municipality, chapter plan, local law municipality, or local law plan under this chapter, notwithstanding any provision of the plan to the contrary, if the monthly retirement income payable to any person entitled to benefits hereunder is less than $100 or if the single-sum value of the accrued retirement income is less than $2,500 as of the date of retirement or termination of service, whichever is applicable, the board of trustees, in the exercise of its discretion, may specify that the actuarial equivalent of such retirement income be paid in a lump sum.

History: s. 7, ch. 59-320; s. 62, ch. 99-1.
Fla. Stat. § 634.428 — Florida Code / Title XXXVII / Chapter 634 / Part III / Section 634.428
634.428 Insurance business not authorized.
Status: in_force

Nothing in the Florida Insurance Code or in this part shall be deemed to authorize any service warranty association to transact any insurance business other than that of service warranty as herein defined or otherwise to engage in any other type of insurance unless the association is authorized under a certificate of authority issued by the office under the provisions of the Florida Insurance Code.

History: s. 5, ch. 78-255; s. 3, ch. 81-148; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 36, 37, 38, ch. 83-322; s. 12, ch. 85-321; s. 20, ch. 93-195; s. 1506, ch. 2003-261.
Fla. Stat. § 101.5610 — Florida Code / Title IX / Chapter 101 / Section 101.5610
101.5610 Inspection of ballot by election board.
Status: in_force

The election board of each precinct shall cause the voting devices to be put in order, set, adjusted, and made ready for voting when delivered to the polling places. Before the opening of the polls, the election board shall compare the ballots or the ballot information used in the voting devices with the sample ballots furnished and see that the names, numbers, and letters thereon agree and shall certify thereto on forms provided by the supervisor of elections.

History: s. 10, ch. 73-156; s. 14, ch. 84-302; s. 4, ch. 86-200.
Fla. Stat. § 688.005 — Florida Code / Title XXXIX / Chapter 688 / Section 688.005
688.005 Attorney’s fees.
Status: in_force

If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney’s fees to the prevailing party.

History: s. 5, ch. 88-254.
Fla. Stat. § 327.463 — Florida Code / Title XXIV / Chapter 327 / Section 327.463
327.463 Special hazards.
Status: in_force

(1) For purposes of this section, a vessel: (a) Is operating at slow speed, minimum wake only if it is: 1. Fully off plane and completely settled into the water; and 2. Proceeding without wake or with minimum wake. A vessel that is required to operate at slow speed, minimum wake may not proceed at a speed greater than a speed that is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the existing circumstances. (b) Is not proceeding at slow speed, minimum wake if it is: 1. Operating on plane; 2. In the process of coming off plane and settling into the water or getting on plane; or 3. Operating at a speed that creates a wake that unreasonably or unnecessarily endangers other vessels.

(2) A person may not operate a vessel faster than slow speed, minimum wake within 300 feet of any emergency vessel, including, but not limited to, a law enforcement vessel, United States Coast Guard vessel, or firefighting vessel, when such emergency vessel’s emergency lights are activated.

(3)(a) A person may not operate a vessel faster than slow speed, minimum wake within 300 feet of any construction vessel or barge when the vessel or barge is displaying an orange flag from a pole extending: 1. At least 10 feet above the tallest portion of the vessel or barge, indicating that the vessel or barge is actively engaged in construction operations; or 2. At least 5 feet above any superstructure permanently installed upon the vessel or barge, indicating that the vessel or barge is actively engaged in construction operations. (b) A flag displayed on a construction vessel or barge pursuant to this subsection must: 1. Be at least 2 feet by 3 feet in size. 2. Have a wire or other stiffener or be otherwise constructed to ensure that the flag remains fully unfurled and extended in the absence of a wind or breeze. 3. Be displayed so that the visibility of the flag is not obscured in any direction. (c) In periods of low visibility, including any time between 30 minutes after sunset and 30 minutes before sunrise, a person may not be cited for a violation of this subsection unless the orange flag is illuminated and visible from a distance of at least 2 nautical miles. Such illumination does not relieve the construction vessel or barge from complying with all navigation rules.

(4)(a) A person operating a vessel in violation of this section commits a noncriminal infraction, punishable as provided in s. 327.73. (b) The owner of, or party who is responsible for, a construction vessel or barge who displays an orange flag on the vessel or barge when it is not actively engaged in construction operations commits a noncriminal infraction, punishable as provided in s. 327.73.

(5) The speed and penalty provisions of this section do not apply to a law enforcement, firefighting, or rescue vessel that is owned or operated by a governmental entity.

History: s. 17, ch. 2021-184.
Fla. Stat. § 601.701 — Florida Code / Title XXXV / Chapter 601 / Section 601.701
601.701 Penalty for failure to keep records.
Status: in_force

(1) It is unlawful to fail to keep any records required to be kept under the Florida Citrus Code or required to be kept by any other law or by any rule adopted by the Department of Agriculture or the Department of Citrus, or to falsify or cause the falsification of any such records or to keep false records.

(2) The violation of any of the provisions of this act shall constitute a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History: ss. 1, 2, ch. 61-96; ss. 14, 35, ch. 69-106; s. 626, ch. 71-136; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429; s. 54, ch. 2012-182.
Fla. Stat. § 350.117 — Florida Code / Title XXVII / Chapter 350 / Section 350.117
350.117 Reports; audits.
Status: in_force

(1) The commission may require such regular or emergency reports, including, but not limited to, financial reports, as the commission deems necessary to fulfill its obligations under the law.

(2) The commission may perform management and operation audits of any regulated company. The commission may consider the results of such audits in establishing rates; however, the company shall not be denied due process as a result of the use of any such management or operation audit.

(3) As used in this section, “management and operation audit” means an appraisal, by a public accountant or other professional person, of management performance, including a testing of adherence to governing policy and profit capability; adequacy of operating controls and operating procedures; and relations with employees, customers, the trade, and the public generally.

History: ss. 3, 6, ch. 80-289; ss. 2, 3, ch. 81-318; s. 6, ch. 87-50; s. 7, ch. 2006-214.
Fla. Stat. § 627.786 — Florida Code / Title XXXVII / Chapter 627 / Part XIII / Section 627.786
627.786 Transaction of title insurance and any other kind of insurance prohibited.
Status: in_force

(1) An insurer may not transact title insurance and any other kind of insurance in this state.

(2) Subsection (1) does not apply to any insurer actively transacting title insurance and any other kind of insurance in this state on January 1, 1965.

(3) Subsection (1) does not preclude a title insurer from providing instruments to any prospective insured, in the form and content approved by the office, under which the title insurer assumes liability for loss due to the fraud of, dishonesty of, misappropriation of funds by, or failure to comply with written closing instructions by, its contract agents, agencies, or approved attorneys in connection with a real property transaction for which the title insurer is to issue a title insurance policy.

History: s. 12, ch. 65-359; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 2, ch. 79-16; ss. 2, 3, ch. 81-318; ss. 584, 809(2nd), ch. 82-243; s. 79, ch. 82-386; ss. 104, 114, ch. 92-318; s. 19, ch. 99-286; s. 1208, ch. 2003-261.