FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 831.033 — Florida Code / Title XLVI / Chapter 831 / Section 831.033
831.033 Forging or counterfeiting private labels; destruction; forfeiture.
Status: in_force

(1)(a) Any goods to which forged or counterfeit trademarks or service marks are attached or affixed or any tools or other materials for the reproduction of any specific forged or counterfeit trademark or service mark which are produced or possessed in violation of this section may be seized by any law enforcement officer. (b) Any personal property, including, but not limited to, any item, object, tool, machine, or vehicle of any kind, employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, the crime of counterfeiting, as proscribed by ss. 831.03-831.034, and not otherwise included in paragraph (a), may be seized and is subject to forfeiture pursuant to ss. 932.701-932.704.

(2) The court, in imposing sentence on a person convicted of an offense under this section, shall order, in addition to any other sentence imposed, that the person forfeit to the state the following: (a) Any property constituting or derived from any proceeds the person obtained, directly or indirectly, as the result of the offense. (b) Any of the person’s property used, or intended to be used, in any manner or part, to commit, facilitate, aid, or abet the commission of the offense. (c) Any item that bears or consists of a counterfeit mark used in committing the offense.

(3) At the conclusion of all forfeiture proceedings, the court shall order that any forfeited item bearing or consisting of a counterfeit mark be destroyed or alternatively disposed of in another manner with the written consent of the trademark owners. The owners of the registered or protected mark shall be responsible for the costs incurred in the disposition of the forged or counterfeit items.

History: s. 4, ch. 2008-255.
Fla. Stat. § 718.5011 — Florida Code / Title XL / Chapter 718 / Part V / Section 718.5011
718.5011 Ombudsman; appointment; administration.
Status: in_force

(1) There is created an Office of the Condominium Ombudsman, to be located for administrative purposes within the Division of Florida Condominiums, Timeshares, and Mobile Homes. The functions of the office shall be funded by the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund. The ombudsman shall be a bureau chief of the division, and the office shall be set within the division in the same manner as any other bureau is staffed and funded.

(2) The secretary of the Department of Business and Professional Regulation shall appoint the ombudsman. The ombudsman shall serve at the pleasure of the Governor. A vacancy in the office shall be filled in the same manner as the original appointment. An officer or full-time employee of the ombudsman’s office may not actively engage in any other business or profession that directly or indirectly relates to or conflicts with his or her work in the ombudsman’s office; serve as the representative of any political party, executive committee, or other governing body of a political party; serve as an executive, officer, or employee of a political party; receive remuneration for activities on behalf of any candidate for public office; or engage in soliciting votes or other activities on behalf of a candidate for public office. The ombudsman or any employee of his or her office may not become a candidate for election to public office unless he or she first resigns from his or her office or employment.

History: s. 6, ch. 2004-345; s. 49, ch. 2008-240; s. 9, ch. 2013-188; s. 22, ch. 2024-244.
Fla. Stat. § 672.304 — Florida Code / Title XXXIX / Chapter 672 / Part III / Section 672.304
672.304 Price payable in money, goods, realty, or otherwise.
Status: in_force

(1) The price can be made payable in money or otherwise. If it is payable in whole or in part in goods each party is a seller of the goods which he or she is to transfer.

(2) Even though all or part of the price is payable in an interest in realty the transfer of the goods and the seller’s obligations with reference to them are subject to this chapter, but not the transfer of the interest in realty or the transferor’s obligations in connection therewith.

History: s. 1, ch. 65-254; s. 559, ch. 97-102.
Fla. Stat. § 768.095 — Florida Code / Title XLV / Chapter 768 / Part I / Section 768.095
768.095 Employer immunity from liability; disclosure of information regarding former or current employees.
Status: in_force

An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under chapter 760.

History: s. 1, ch. 91-165; s. 17, ch. 99-225.
Fla. Stat. § 468.3852 — Florida Code / Title XXXII / Chapter 468 / Part VI / Section 468.3852
468.3852 Reactivation of license; fee.
Status: in_force

The board shall prescribe a fee not to exceed $250 for the reactivation of an inactive license. The fee shall be in addition to the current biennial renewal fee.

History: ss. 5, 9, ch. 87-210; s. 41, ch. 89-162; ss. 62, 65, ch. 91-137; ss. 11, 12, ch. 91-156; s. 4, ch. 91-429; s. 201, ch. 94-119; s. 41, ch. 2015-4.
Fla. Stat. § 623.08 — Florida Code / Title XXXVI / Chapter 623 / Section 623.08
623.08 Operation of separate schools in same county.
Status: in_force

A corporation incorporated under the provisions of this act to operate in an entire county, or major area thereof may operate separate schools in such area and in such locations as it may deem necessary or advisable and under such rules and regulations as specified in the bylaws.

History: s. 8, ch. 59-113.
Fla. Stat. § 636.236 — Florida Code / Title XXXVII / Chapter 636 / Part II / Section 636.236
636.236 Surety bond or security deposit.
Status: in_force

(1) Each discount plan organization licensed pursuant to this part shall maintain in force a surety bond in its own name in an amount not less than $35,000 to be used at the discretion of the office to protect the financial interests of members who may be adversely affected by the insolvency of a discount plan organization. The bond must be issued by an insurance company that is licensed to do business in this state.

(2) In lieu of the bond specified in subsection (1), a licensed discount plan organization may deposit and maintain deposited in trust with the department securities eligible for deposit under s. 625.52 having at all times a value of not less than $35,000. If a licensed discount plan organization substitutes its deposited securities under this subsection with a surety bond authorized in subsection (1), such deposited securities must be returned to the discount plan organization no later than 45 days following the effective date of the surety bond.

(3) A judgment creditor or other claimant of a discount plan organization, other than the office or department, does not have the right to levy upon any of the assets or securities held in this state as a deposit under subsections (1) and (2).

History: s. 31, ch. 2004-297; s. 15, ch. 2005-232; s. 27, ch. 2017-112.
Fla. Stat. § 943.1397 — Florida Code / Title XLVII / Chapter 943 / Section 943.1397
943.1397 Officer certification examinations; fee.
Status: in_force

(1) Except as provided in subsection (4), on and after July 1, 1993, the commission shall not certify any person as an officer until the person has achieved an acceptable score on the officer certification examination for the applicable criminal justice discipline. The commission shall establish procedures by rule for the administration of the officer certification examinations and student examination reviews. Further, the commission shall establish standards for acceptable performance on each officer certification examination.

(2) For any applicant who fails to achieve an acceptable score on an officer certification examination, the commission shall, by rule, establish a procedure for retaking the examination, and the rule may include a remedial training program requirement. An applicant shall not take an officer certification examination more than three times, unless the applicant has reenrolled in, and successfully completed, the basic recruit training program.

(3) The commission shall set a fee for the officer certification examination, not to exceed $150. The fee applies to one scheduled examination attempt and is not refundable if the applicant does not appear for the examination or does not achieve an acceptable score on the examination. Officer certification examination fees collected pursuant to this subsection shall be placed in the Criminal Justice Standards and Training Trust Fund.

(4) The provisions of subsection (1) and s. 943.13(10) do not apply to an applicant who was enrolled in a commission-approved basic recruit training program prior to July 1, 1993.

History: s. 13, ch. 93-252; s. 13, ch. 95-283; s. 4, ch. 95-408.
Fla. Stat. § 320.3209 — Florida Code / Title XXIII / Chapter 320 / Section 320.3209
320.3209 Coercion of dealer prohibited.
Status: in_force

(1) A manufacturer or distributor may not coerce or attempt to coerce a dealer to: (a) Purchase a product that the dealer did not order; (b) Enter into an agreement with the manufacturer or distributor; (c) Take any action that is unfair or unreasonable to the dealer; or (d) Enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under ss. 320.3201-320.3211.

(2) As used in this section, the term “coerce” includes, but is not limited to, threatening to terminate, cancel, or not renew a manufacturer/dealer agreement without good cause or threatening to withhold product lines or delay product delivery as an inducement to amending the manufacturer/dealer agreement.

History: s. 8, ch. 2007-258.
Fla. Stat. § 420.426 — Florida Code / Title XXX / Chapter 420 / Part IV / Section 420.426
420.426 Eligible applicants.
Status: in_force

To receive a grant, an applicant must:

(1) Be a local government within this state;

(2) Be able to demonstrate a clear need for the financial assistance made available through ss. 420.421-420.429; and

(3) Be certified by the Neighborhood Reinvestment Corporation as a participant.

History: s. 6, ch. 79-259; s. 4, ch. 85-265.
Fla. Stat. § 17.32 — Florida Code / Title IV / Chapter 17 / Section 17.32
17.32 Annual report of trust funds; duties of Chief Financial Officer.
Status: in_force

(1) On February 1 of each year, the Chief Financial Officer shall present to the Governor and the Legislature a report listing all trust funds as defined in s. 215.32. The report must contain the following data elements for each fund for the preceding fiscal year: (a) The fund code. (b) The title. (c) The fund type according to generally accepted accounting principles. (d) The statutory authority. (e) The beginning cash balance. (f) Direct revenues. (g) Nonoperating revenues. (h) Operating disbursements. (i) Nonoperating disbursements. (j) The ending cash balance. (k) The department and budget entity in which the fund is located.

(2) The report shall separately list all funds that received no revenues other than interest earnings or transfers from the General Revenue Fund or from other trust funds during the preceding fiscal year.

(3) The report shall separately list all funds that had unencumbered balances in excess of $2 million in each of the 2 preceding fiscal years.

History: s. 4, ch. 92-142; s. 43, ch. 2003-261; s. 30, ch. 2010-102.
Fla. Stat. § 478.44 — Florida Code / Title XXXII / Chapter 478 / Section 478.44
478.44 Electrolysis Council; creation; function; powers and duties.
Status: in_force

(1) There is created the Electrolysis Council under the supervision of the board.

(2)(a) The council shall consist of five members, appointed by the board. Three members must be licensed electrologists who have been actively engaged in the delivery of electrolysis services in this state for at least 4 consecutive years prior to their appointment and who are not affiliated with an electrolysis school or manufacturer or supplier of electrolysis equipment or supplies. Two consumer members must be residents of this state who have never been licensed electrologists, have no financial interest in the practice of electrology, and are not affiliated with an electrolysis school or a manufacturer or supplier of electrolysis equipment or supplies. (b) Initial council members who are licensed electrologists must be eligible for licensure at the time of their appointment. Electrologist members appointed after October 1, 1996, must have been licensed in this state for at least 3 years prior to their appointment.

(3) The term of office for each council member is 4 years. A member may not serve more than two consecutive terms. When a vacancy occurs on the council, any licensed electrologist may recommend one person to fill the vacancy, and any professional organization dealing with electrolysis, incorporated within the state as not for profit, which registers its interest with the board shall recommend at least twice as many persons to fill the vacancy as the number of vacancies to be filled, and the board, in its discretion, may appoint from the submitted names any of those persons so recommended. The board shall, when possible, appoint persons from different geographic areas.

(4)(a) The council shall annually elect from among its members a chair and vice chair. (b) The council shall meet at least twice a year and shall hold such additional meetings as are considered necessary by the board. Three members of the council constitute a quorum. (c) Unless otherwise provided by law, a council member shall be compensated $50 for each day the member attends an official meeting of the council or participates in official council business. A council member is also entitled to reimbursement for expenses pursuant to s. 112.061. Travel out of state requires the prior approval of the State Surgeon General.

History: s. 5, ch. 92-172; s. 1, ch. 95-221; s. 406, ch. 97-103; s. 67, ch. 2000-158; s. 20, ch. 2000-305; s. 95, ch. 2008-6.
Fla. Stat. § 197.212 — Florida Code / Title XIV / Chapter 197 / Section 197.212
197.212 Minimum tax bill.
Status: in_force

On the recommendation of the county tax collector, the board of county commissioners may adopt a resolution instructing the collector not to mail tax notices to a taxpayer if the amount of taxes shown on the tax notice is less than an amount up to $30. The resolution shall also instruct the property appraiser that he or she may not make an extension on the tax roll for any parcel for which the tax would amount to less than an amount up to $30. The minimum tax bill so established may not exceed an amount up to $30. This section does not apply to a parcel of property that is subject to an adverse possession claim pursuant to s. 95.18.

History: s. 139, ch. 85-342; s. 1004, ch. 95-147; s. 8, ch. 2001-137; s. 2, ch. 2011-107.
Fla. Stat. § 154.308 — Florida Code / Title XI / Chapter 154 / Part IV / Section 154.308
154.308 Determination of patient’s eligibility; spend-down program.
Status: in_force

(1) The agency, pursuant to s. 154.3105, shall adopt rules which provide statewide eligibility determination procedures, forms, and criteria which shall be used by all counties for determining whether a person financially qualifies as indigent for the purposes of this part. (a) The criteria used to determine eligibility must be uniform statewide and include, at a minimum, which assets, if any, may be included in the determination, which verification of income shall be required, which categories of persons shall be eligible, and any other criteria which may be determined as necessary. (b) The methodology for determining financial eligibility must be uniform statewide such that any county or the state could determine whether a person is a qualified indigent.

(2) Determination of financial eligibility as a qualified indigent may occur either prior to a person’s admission to a participating or a regional referral hospital or subsequent to such admission.

(3) Determination of whether a hospital patient not already determined eligible meets or does not meet eligibility standards to financially qualify as indigent shall be made within 60 days following notification by the hospital requesting a determination of indigency, by certified letter, to the county known or believed to be the county of residence or to the agency. If, for any reason, the county or agency is unable to determine a patient’s eligibility within the allotted timeframe, the hospital shall be notified in writing of the reason or reasons.

(4) A patient determined eligible as a qualified indigent subsequent to his or her admission to a participating hospital or a regional referral hospital shall be considered to have been qualified upon admission. Such determination shall be made by a person designated by the governing board of the county to make such a determination or by the agency.

(5) Notwithstanding any other provision of this part, any county may establish thresholds of financial eligibility which are less restrictive than 100 percent of the federal poverty line. However, a county may not establish eligibility thresholds which are more restrictive than 100 percent of the federal poverty line.

(6) Notwithstanding any other provision of this part, there is hereby established a spend-down program for persons who would otherwise qualify as qualified indigent persons, but whose average family income, for the 12 months preceding the determination, is between 100 percent and 150 percent of the federal poverty level. The agency shall adopt, by rule, procedures for the spend-down program. The rule shall require that in order to qualify, a person must have incurred bills for hospital care which would otherwise have qualified for payment under this part. This subsection does not apply to persons who are residents of counties that are at their 10-mill cap on October 1, 1991.

History: s. 6, ch. 77-455; s. 10, ch. 88-294; s. 6, ch. 90-295; s. 4, ch. 91-173; s. 874, ch. 95-147; s. 6, ch. 98-191.
Fla. Stat. § 674.2091 — Florida Code / Title XXXIX / Chapter 674 / Part II / Section 674.2091
674.2091 Encoding and retention warranties.
Status: in_force

(1) A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty.

(2) A person who undertakes to retain an item pursuant to an agreement for electronic presentment warrants to any subsequent collecting bank and to the payor bank or other payor that retention and presentment of the item comply with the agreement. If a customer of a depositary bank undertakes to retain an item, that bank also makes this warranty.

(3) A person to whom warranties are made under this section and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, plus expenses and loss of interest incurred as a result of the breach.

History: s. 27, ch. 92-82.
Fla. Stat. § 817.47 — Florida Code / Title XLVI / Chapter 817 / Part I / Section 817.47
817.47 Insurance advertising exempt.
Status: in_force

Nothing in ss. 817.40, 817.41, 817.43-817.45, and 817.47 shall be deemed to apply to advertising in connection with sales of insurance which are regulated under the insurance laws of this state.

History: s. 9, ch. 59-301; s. 74, ch. 95-211.
Fla. Stat. § 591.19 — Florida Code / Title XXXV / Chapter 591 / Section 591.19
591.19 Community forests; tax delinquent lands.
Status: in_force

The Department of Revenue, the Board of Trustees of the Internal Improvement Trust Fund, counties, cities, towns, school districts, or any other public agency holding fee simple or tax certificate lands are hereby empowered to, and may, upon application to them, transfer title of fee simple lands not in other public use to any county, city, town, or school district for forest purposes as described under this law, provided such lands are approved by the Florida Forest Service for this purpose.

History: s. 5, ch. 20902, 1941; ss. 14, 21, 27, 35, ch. 69-106; s. 155, ch. 71-355; s. 71, ch. 2012-7.
Fla. Stat. § 400.0081 — Florida Code / Title XXIX / Chapter 400 / Part I / Section 400.0081
400.0081 Access to facilities, residents, and records.
Status: in_force

(1) A long-term care facility shall provide representatives of the State Long-Term Care Ombudsman Program with access to: (a) The long-term care facility and its residents. (b) Where appropriate, medical and social records of a resident for review if: 1. The representative of the State Long-Term Care Ombudsman Program has the permission of the resident or the legal representative of the resident; or 2. The resident is unable to consent to the review and does not have a legal representative. (c) Medical and social records of a resident as necessary to investigate a complaint, if: 1. A legal representative or guardian of the resident refuses to give permission; 2. The representative of the State Long-Term Care Ombudsman Program has reasonable cause to believe that the legal representative or guardian is not acting in the best interests of the resident; and 3. The representative of the State Long-Term Care Ombudsman Program obtains the approval of the state ombudsman. (d) Administrative records, policies, and documents to which residents or the general public have access. (e) Upon request, copies of all licensing and certification records maintained by the state with respect to a long-term care facility.

(2) The department, in consultation with the state ombudsman, may adopt rules to establish procedures to ensure access to facilities, residents, and records as described in this section.

History: ss. 11, 30, ch. 93-177; s. 131, ch. 2000-349; s. 51, ch. 2000-367; s. 15, ch. 2006-121; s. 14, ch. 2015-31; s. 46, ch. 2016-10.
Fla. Stat. § 366.08 — Florida Code / Title XXVII / Chapter 366 / Section 366.08
366.08 Investigations, inspections; power of commission.
Status: in_force

The commission or its duly authorized representatives may during all reasonable hours enter upon any premises occupied by any public utility and may set up and use thereon all necessary apparatus and appliances for the purpose of making investigations, inspections, examinations and tests and exercising any power conferred by this chapter; provided, such public utility shall have the right to be notified of and be represented at the making of such investigations, inspections, examinations and tests.

History: s. 8, ch. 26545, 1951; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 16, ch. 80-35; s. 2, ch. 81-318; ss. 20, 22, ch. 89-292; s. 4, ch. 91-429.
Fla. Stat. § 255.2503 — Florida Code / Title XVIII / Chapter 255 / Section 255.2503
255.2503 Contracts for lease of buildings; prohibited provisions.
Status: in_force

No executive agency or department, public officer or employee may enter any lease, contract, rental agreement, lease-purchase agreement, purchase agreement, or sale-leaseback agreement on behalf of the state that requires the state agency or department, public officer or employee to refrain from making legislative budget or fixed capital outlay requests for alternate space other than that in any such lease, rental agreement, lease-purchase agreement, purchase agreement, or sale-leaseback agreement. Any contract in violation of this section shall be null and void. This section shall not apply to any facility financed under the Florida Building and Facilities Act.

History: s. 11, ch. 88-409.
Fla. Stat. § 468.8424 — Florida Code / Title XXXII / Chapter 468 / Part XVI / Section 468.8424
468.8424 Rulemaking authority.
Status: in_force

The department shall adopt rules to administer this part.

History: s. 33, ch. 2010-106; s. 25, ch. 2010-176.