FrankGoortani/open-us-law huggingface dataset:
Fla. Stat. § 677.204 — Florida Code / Title XXXIX / Chapter 677 / Part II / Section 677.204
677.204 Duty of care; contractual limitation of warehouse’s liability.
Status: in_force

(1) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care.

(2) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage and setting forth a specific liability per article or item, value per unit of weight, or any other negotiated limitation of damages as agreed upon between the parties beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse’s liability for conversion to its own use. On request of the bailor in a record at the time of signing the storage agreement or within a reasonable time after receipt of the warehouse receipt, the warehouse’s liability may be increased on part or all of the goods covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods.

(3) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the bailment may be included in the warehouse receipt or storage agreement.

(4) This section does not impair or repeal any statute which imposes a higher responsibility upon the warehouse or invalidates contractual limitations which would be permissible under this chapter.

History: s. 1, ch. 65-254; s. 623, ch. 97-102; s. 26, ch. 2010-131.
Fla. Stat. § 411.228 — Florida Code / Title XXX / Chapter 411 / Part II / Section 411.228
411.228 Accountability.
Status: in_force

(1) The steering committee shall provide information to the School Readiness Estimating Conference and the Enrollment Conference for Public Schools regarding estimates of the population of children from birth through age 9 who are at risk of learning problems and learning disabilities.

(2) The steering committee, in conjunction with the demonstration projects, shall develop accountability mechanisms to ensure that the demonstration programs are effective and that resources are used as efficiently as possible. Accountability should be addressed through a multilevel evaluation system, including measurement of outcomes and operational indicators. Measurable outcomes must be developed to address improved child development, improved child health, and success in school. Indicators of system improvements must be developed to address quality of programs and integration of services. Agency monitoring of programs shall include a review of child and family outcomes and system effectiveness indicators with a specific focus on elimination of unnecessary duplication of planning, screening, and services.

(3) The steering committee, in conjunction with the demonstration projects, shall develop a model county-level strategic plan to formalize the goals, objectives, strategies, and intended outcomes of the comprehensive system, and to support the integration and efficient delivery of all services and supports for parents of children from birth through age 9 who have learning problems or learning disabilities. The model county-level strategic plan must include, but need not be limited to, strategies to: (a) Establish a system whereby parents can access information about learning problems in young children and receive services at their discretion; (b) Improve early identification of those who are at risk for learning problems and learning disabilities; (c) Provide access to an appropriate array of services within the child’s natural environment or regular classroom setting or specialized training in other settings; (d) Improve and coordinate screening for children from birth through age 9; (e) Improve and coordinate services for children from birth through age 9; (f) Address training of professionals in effectively identifying factors, across all domains, which place children from birth through age 9 at risk of school failure and in appropriate interventions for the learning differences; (g) Provide appropriate support to families; (h) Share best practices with caregivers and referral sources; (i) Address resource needs of the assessment and intervention system; and (j) Address development of implementation plans to establish protocols for requiring and receiving parental consent for services; to identify action steps, responsible parties, and implementation schedules; and to ensure appropriate alignment with agency strategic plans.

History: s. 7, ch. 2002-265; s. 105, ch. 2020-2.
Fla. Stat. § 220.709 — Florida Code / Title XIV / Chapter 220 / Part VIII / Section 220.709
220.709 Deficiency determinations.
Status: in_force

(1) As soon as practicable after a return is filed, the department shall examine it to determine the correct amount of tax. If the department finds that the amount of tax shown on the return is less than the correct amount and the difference is not solely the result of mathematical error, it shall issue a notice of deficiency to the taxpayer, setting forth the amount of additional tax and any penalties proposed to be assessed. The findings of the department under this subsection shall be prima facie correct and shall be prima facie evidence of the correctness of the amount of tax and penalties due.

(2) If a taxpayer fails to file a tax return, the department shall determine the amount of tax due according to its best judgment and information, and it shall issue a notice of deficiency to the taxpayer, setting forth the amount of tax and any penalties proposed to be assessed. The amount so determined by the department shall be prima facie correct and shall be prima facie evidence of the correctness of the amount of tax due.

(3) An erroneous refund shall be considered deficiency of tax on the date made, and shall be deemed assessed and shall be collected as provided in ss. 220.703 and 220.707.

History: s. 19, ch. 71-359; s. 47, ch. 91-112.
Fla. Stat. § 772.18 — Florida Code / Title XLV / Chapter 772 / Section 772.18
772.18 Cumulative remedy.
Status: in_force

The application of one civil remedy under this chapter does not preclude the application of any other remedy, civil or criminal, under this chapter or any other provision of law. Civil remedies under this act are supplemental, and not mutually exclusive.

History: s. 3, ch. 86-277.
Fla. Stat. § 641.31094 — Florida Code / Title XXXVII / Chapter 641 / Part I / Section 641.31094
641.31094 Nondiscrimination of coverage for certain surgical procedures involving bones or joints.
Status: in_force

No health maintenance contract or policy which provides coverage for any diagnostic or surgical procedure involving bones or joints of the skeleton shall discriminate against coverage for any similar diagnostic or surgical procedure involving bones or joints of the jaw and facial region, if, under accepted medical standards, such procedure or surgery is medically necessary to treat conditions caused by congenital or developmental deformity, disease, or injury. This section shall not be construed to affect any other coverage under this part or to restrict the scope of coverage under any policy, plan, or contract. Nothing in this section shall be construed to discourage appropriate nonsurgical procedures or to prohibit the continued coverage of nonsurgical procedures in the treatment of a bone or joint of the jaw and facial region. Furthermore, nothing in this subsection requires coverage for care or treatment of the teeth or gums, for intraoral prosthetic devices, or for surgical procedures for cosmetic purposes.

History: s. 5, ch. 96-361.
Fla. Stat. § 943.686 — Florida Code / Title XLVII / Chapter 943 / Section 943.686
943.686 Unauthorized use of Department of Law Enforcement emblems or names prohibited.
Status: in_force

(1) Whoever, except with the written permission of the executive director of the Department of Law Enforcement or as otherwise expressly authorized by the department, knowingly uses the words “Florida Department of Law Enforcement,” the initials “F.D.L.E.” or “FDLE,” or the words “Florida Capitol Police,” or any colorable imitation of such words or initials, or who uses a logo or emblem used by the department in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production, in any Internet web page or upon any product in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production, Internet web page, or product is approved, endorsed, or authorized by the Department of Law Enforcement commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A violation of this section may be enjoined upon suit by the department or the Department of Legal Affairs upon complaint filed in any court of competent jurisdiction.

History: s. 19, ch. 2006-176.
Fla. Stat. § 403.7033 — Florida Code / Title XXIX / Chapter 403 / Part IV / Section 403.7033
403.7033 Departmental analysis of particular recyclable materials.
Status: in_force

The Legislature finds that prudent regulation of recyclable materials is crucial to the ongoing welfare of Florida’s ecology and economy. As such, the Department of Environmental Protection shall review and update its 2010 report on retail bags analyzing the need for new or different regulation of auxiliary containers, wrappings, or disposable plastic bags used by consumers to carry products from retail establishments. The updated report must include input from state and local government agencies, stakeholders, private businesses, and citizens and must evaluate the efficacy and necessity of both statewide and local regulation of these materials. To ensure consistent and effective implementation, the department shall submit the updated report with conclusions and recommendations to the Legislature no later than December 31, 2021. Until such time that the Legislature adopts the recommendations of the department, a local government, local governmental agency, or state governmental agency may not enact any rule, regulation, or ordinance regarding use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers, wrappings, or disposable plastic bags.

History: s. 96, ch. 2008-227; s. 1, ch. 2021-125.
Fla. Stat. § 733.620 — Florida Code / Title XLII / Chapter 733 / Part VI / Section 733.620
733.620 Exculpation of personal representative.
Status: in_force

(1) A term of a will relieving a personal representative of liability to a beneficiary for breach of fiduciary duty is unenforceable to the extent that the term: (a) Relieves the personal representative of liability for breach of fiduciary duty committed in bad faith or with reckless indifference to the purposes of the will or the interests of interested persons; or (b) Was inserted into the will as the result of an abuse by the personal representative of a fiduciary or confidential relationship with the testator.

(2) An exculpatory term drafted or caused to be drafted by the personal representative is invalid as an abuse of a fiduciary or confidential relationship unless: (a) The personal representative proves that the exculpatory term is fair under the circumstances. (b) The term’s existence and contents were adequately communicated directly to the testator or to the independent attorney of the testator. This paragraph applies only to wills created on or after July 1, 2007.

History: s. 15, ch. 2007-74.
Fla. Stat. § 627.512 — Florida Code / Title XXXVII / Chapter 627 / Part IV / Section 627.512
627.512 Beneficiary.
Status: in_force

The policy shall provide a space for the name of the beneficiary designated with a reservation of the right to designate or change the beneficiary after the issuance of the policy. The policy may also provide that no designation or change of beneficiary shall be binding on the insurer until endorsed on the policy by the insurer and that the insurer may refuse to endorse the name of any proposed beneficiary who does not appear to the insurer to have an insurable interest in the life of the insured.

History: s. 518, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 415, 420, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318.
Fla. Stat. § 621.05 — Florida Code / Title XXXVI / Chapter 621 / Section 621.05
621.05 Corporation organization.
Status: in_force

One or more individuals, professional corporations, or professional limited liability companies, in any combination, duly licensed or otherwise legally authorized to render the same professional services may organize and become a shareholder or shareholders of a professional corporation for pecuniary profit under the provisions of chapter 607 for the sole and specific purpose of rendering the same and specific professional service.

History: s. 5, ch. 61-64; s. 10, ch. 79-9; s. 5, ch. 93-110; s. 78, ch. 93-284.
Fla. Stat. § 775.022 — Florida Code / Title XLVI / Chapter 775 / Section 775.022
775.022 Effect of reenactment or amendment of criminal statutes; references in criminal statutes.
Status: in_force

(1) It is the intent of the Legislature that: (a) This section preclude the application of the common law doctrine of abatement to a reenactment or an amendment of a criminal statute; and (b) An act of the Legislature reenacting or amending a criminal statute not be considered a repeal or an implied repeal of such statute for purposes of s. 9, Art. X of the State Constitution.

(2) As used in this section, the term “criminal statute” means a statute, whether substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.

(3) Except as expressly provided in an act of the Legislature or as provided in subsections (4) and (5), the reenactment or amendment of a criminal statute operates prospectively and does not affect or abate any of the following: (a) The prior operation of the statute or a prosecution or enforcement thereunder. (b) A violation of the statute based on any act or omission occurring before the effective date of the act. (c) A prior penalty, prior forfeiture, or prior punishment incurred or imposed under the statute.

(4) If a penalty, forfeiture, or punishment for a violation of a criminal statute is reduced by a reenactment or an amendment of a criminal statute, the penalty, forfeiture, or punishment, if not already imposed, must be imposed according to the statute as amended.

(5) This section may not be construed to limit the retroactive effect of any defense to a criminal statute enacted or amended by the Legislature in a criminal case that has not yet resulted in the imposition of a judgment or sentence by the trial court or an appellate decision affirming a judgment or sentence of the trial court.

(6) A reference to any other chapter, part, section, or subdivision of the Florida Statutes in a criminal statute or a reference within a criminal statute constitutes a general reference under the doctrine of incorporation by reference.

History: s. 1, ch. 2019-63.
Fla. Stat. § 369.323 — Florida Code / Title XXVIII / Chapter 369 / Part III / Section 369.323
369.323 Compliance.
Status: in_force

Comprehensive plans and plan amendments adopted by the local governments within the Wekiva Study Area to implement this act shall be reviewed for compliance by the Department of Commerce.

History: s. 1, ch. 2004-384; s. 246, ch. 2011-142; s. 110, ch. 2024-6.
Fla. Stat. § 817.504 — Florida Code / Title XLVI / Chapter 817 / Part I / Section 817.504
817.504 Offering or advertising a vaccine with intent to defraud.
Status: in_force

(1) It is unlawful for any person to knowingly and willfully make a materially false or misleading statement or to knowingly and willfully disseminate false or misleading information regarding the availability of, or access to, a vaccine for the novel coronavirus “COVID-19” or a vaccine for any other pandemic disease in any marketing or advertising material; on a website, social media platform, or other media; or by telephone, text message, mail, or e-mail, with the intent to obtain another person’s personal identification information, as defined in s. 817.568(1)(f), or to obtain or receive any money or other valuable consideration. (a) Except as provided in paragraph (b), a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A person who commits a second or subsequent violation of this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Prosecution for a violation of this section may be brought on behalf of the state by any state attorney or by the statewide prosecutor.

(3) If the Attorney General reasonably believes that a person has committed a violation of this section, the Attorney General may institute a civil action for a violation of this section or to prevent a violation of this section. An action for relief may include a permanent or temporary injunction, a restraining order, or any other appropriate order.

History: s. 2, ch. 2021-34.
Fla. Stat. § 736.1005 — Florida Code / Title XLII / Chapter 736 / Part X / Section 736.1005
736.1005 Attorney fees for services to the trust.
Status: in_force

(1) Any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust. The attorney may apply to the court for an order awarding attorney fees and, after notice and service on the trustee and all beneficiaries entitled to an accounting under s. 736.0813, the court shall enter an order on the fee application.

(2) If attorney fees are to be paid from the trust under subsection (1), s. 736.1007(5)(a), or s. 733.106(4)(a), the court, in its discretion, may direct from what part of the trust the fees shall be paid. (a) All or any part of the attorney fees to be paid from the trust may be assessed against one or more persons’ part of the trust in such proportions as the court finds to be just and proper. (b) In the exercise of its discretion, the court may consider the following factors: 1. The relative impact of an assessment on the estimated value of each person’s part of the trust. 2. The amount of attorney fees to be assessed against a person’s part of the trust. 3. The extent to which a person whose part of the trust is to be assessed, individually or through counsel, actively participated in the proceeding. 4. The potential benefit or detriment to a person’s part of the trust expected from the outcome of the proceeding. 5. The relative strength or weakness of the merits of the claims, defenses, or objections, if any, asserted by a person whose part of the trust is to be assessed. 6. Whether a person whose part of the trust is to be assessed was a prevailing party with respect to one or more claims, defenses, or objections. 7. Whether a person whose part of the trust is to be assessed unjustly caused an increase in the amount of attorney fees incurred by the trustee or another person in connection with the proceeding. 8. Any other relevant fact, circumstance, or equity. (c) The court may assess a person’s part of the trust without finding that the person engaged in bad faith, wrongdoing, or frivolousness.

(3) Except when a trustee’s interest may be adverse in a particular matter, the attorney shall give reasonable notice in writing to the trustee of the attorney’s retention by an interested person and the attorney’s entitlement to fees pursuant to this section. A court may reduce any fee award for services rendered by the attorney prior to the date of actual notice to the trustee, if the actual notice date is later than a date of reasonable notice. In exercising this discretion, the court may exclude compensation for services rendered after the reasonable notice date but before the date of actual notice.

History: s. 10, ch. 2006-217; s. 7, ch. 2015-27.
Fla. Stat. § 1010.33 — Florida Code / Title XLVIII / Chapter 1010 / Part III / Section 1010.33
1010.33 Financial and performance audits.
Status: in_force

Each district school board and Florida College System institution board of trustees, and university board of trustees is authorized to have an audit of their accounts and records by an independent certified public accountant retained by them and paid from their public funds. These audits are in addition to those required by ss. 11.45 and 218.39.

History: s. 546, ch. 2002-387; s. 161, ch. 2011-5.
Fla. Stat. § 395.3011 — Florida Code / Title XXIX / Chapter 395 / Part I / Section 395.3011
395.3011 Billing and collection activities.
Status: in_force

(1) As used in this section, the term “extraordinary collection action” means any of the following actions taken by a licensed facility against an individual in relation to obtaining payment of a bill for care: (a) Selling the individual’s debt to another party. (b) Reporting adverse information about the individual to consumer credit reporting agencies or credit bureaus. (c) Deferring, denying, or requiring a payment before providing medically necessary care because of the individual’s nonpayment of one or more bills for previously provided care covered under the facility’s financial assistance policy. (d) Actions that require a legal or judicial process, including, but not limited to: 1. Placing a lien on the individual’s property; 2. Foreclosing on the individual’s real property; 3. Attaching or seizing the individual’s bank account or any other personal property; 4. Commencing a civil action against the individual; 5. Causing the individual’s arrest; or 6. Garnishing the individual’s wages.

(2) A facility may not engage in an extraordinary collection action against an individual to obtain payment for services: (a) Before the facility has made reasonable efforts to determine whether the individual is eligible for assistance under its financial assistance policy for the care provided and, if eligible, before a decision is made by the facility on the patient’s application for such financial assistance. (b) Before the facility has provided the individual with an itemized statement or bill. (c) During an ongoing grievance process as described in s. 395.301(6) or an ongoing appeal of a claim adjudication. (d) Before billing any applicable insurer and allowing the insurer to adjudicate a claim. (e) For 30 days after notifying the patient in writing, by certified mail, or by other traceable delivery method, that a collection action will commence absent additional action by the patient. This paragraph does not apply to a sale of debt governed by a contract executed by the facility, which provides that the debt may not incur interest or fees and that no other extraordinary collection actions are taken by the purchaser of the debt which could otherwise be taken by the licensed facility, as described in subsection (1), and that the debt will be returned to the facility if the debt buyer determines the individual is eligible for assistance under the facility’s financial assistance policy. (f) While the individual: 1. Negotiates in good faith the final amount of a bill for services rendered; or 2. Complies with all terms of a payment plan with the facility.

History: s. 4, ch. 2024-183; s. 1, ch. 2025-98.