reglab/housing_qa huggingface dataset:
FL Stat § 817.803 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 817 - Fraudulent Practices|Part IV - Credit Counseling Services (Ss. 817.801-817.806)|817.803 - Exceptions.

817.803 Exceptions.—Nothing in this part applies to:(1) Any debt management or credit counseling services provided in the practice of law in this state;(2) Any person who engages in debt adjustment to adjust the indebtedness owed to such person; or(3) The following entities or their subsidiaries:(a) The Federal National Mortgage Association;(b) The Federal Home Loan Mortgage Corporation;(c) The Florida Housing Finance Corporation, a public corporation created in s. 420.504;(d) A bank, bank holding company, trust company, savings and loan association, credit union, credit card bank, or savings bank that is regulated and supervised by the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Reserve, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of Financial Regulation of the Department of Financial Services, or any state banking regulator;(e) A consumer reporting agency as defined in the Federal Fair Credit Reporting Act, 15 U.S.C. ss. 1681-1681y, as it existed on April 5, 2004; or(f) Any subsidiary or affiliate of a bank holding company, its employees and its exclusive agents acting under written agreement.History.—s. 1, ch. 2004-351.
FL Stat § 817.804 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 817 - Fraudulent Practices|Part IV - Credit Counseling Services (Ss. 817.801-817.806)|817.804 - Requirements; disclosure and financial reporting.

817.804 Requirements; disclosure and financial reporting.—(1) Any person engaged in debt management services or credit counseling services shall:(a) Obtain from a licensed certified public accountant an annual audit in accordance with generally accepted auditing standards that shall include all accounts of such person in which the funds of debtors are deposited and from which payments are made to creditors on behalf of debtors.(b) Obtain and maintain at all times insurance coverage for employee dishonesty, depositor’s forgery, and computer fraud. The insurance coverage must be in an amount not less than the greater of $100,000 or 10 percent of the monthly average of the aggregate amount of all deposits made for distribution to creditors with such person by all debtors for the 6 months immediately preceding the date of initial application for or renewal of the insurance. The deductible on such coverage shall not exceed 10 percent of the face amount of the policy coverage.(2) A copy of the annual audit and insurance policies required by this section shall be available for public inspection at each branch location. Copies shall be provided, upon written request, to any party requesting a copy for a charge not to exceed the cost of the reproduction of documents.History.—s. 1, ch. 2004-351; s. 3, ch. 2006-136.
FL Stat § 817.805 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 817 - Fraudulent Practices|Part IV - Credit Counseling Services (Ss. 817.801-817.806)|817.805 - Disbursement of funds.

817.805 Disbursement of funds.—Any person engaged in debt management or credit counseling services shall disburse to the appropriate creditors all funds received from a debtor, less any fees permitted by s. 817.802 and any creditor contributions, within 30 days after receipt of such funds. However, a creditor contribution may not reduce any sums to be credited to the account of a debtor making a payment to the credit counseling agency for further payment to the creditor. Further, any person engaged in such services shall maintain a separate trust account for the receipt of any funds from debtors and the disbursement of such funds on behalf of such debtors.History.—s. 1, ch. 2004-351; s. 4, ch. 2006-136.
FL Stat § 817.806 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 817 - Fraudulent Practices|Part IV - Credit Counseling Services (Ss. 817.801-817.806)|817.806 - Violations.

817.806 Violations.—(1) Any person who violates any provision of this part commits an unfair or deceptive trade practice as defined in part II of chapter 501. Violators shall be subject to the penalties and remedies provided therein. Further, any consumer injured by a violation of this part may bring an action for recovery of damages. Judgment shall be entered for actual damages, but in no case less than the amount paid by the consumer to the credit counseling agency, plus reasonable attorney’s fees and costs.(2) Any person who violates any provision of this part commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 1, ch. 2004-351.
FL Stat § 916.10 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part I - General Provisions (Ss. 916.10-916.1093)|916.10 - Short title.

916.10 Short title.—This chapter may be cited as the “Forensic Client Services Act.”History.—s. 29, ch. 85-167.
FL Stat § 916.105 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part I - General Provisions (Ss. 916.10-916.1093)|916.105 - Legislative intent.

916.105 Legislative intent.—(1) It is the intent of the Legislature that the Department of Children and Families and the Agency for Persons with Disabilities, as appropriate, establish, locate, and maintain separate and secure forensic facilities and programs for the treatment or training of defendants who have been charged with a felony and who have been found to be incompetent to proceed due to their mental illness, intellectual disability, or autism, or who have been acquitted of a felony by reason of insanity, and who, while still under the jurisdiction of the committing court, are committed to the department or agency under this chapter. Such facilities must be sufficient to accommodate the number of defendants committed under the conditions noted above. Except for those defendants found by the department or agency to be appropriate for treatment or training in a civil facility or program pursuant to subsection (3), forensic facilities must be designed and administered so that ingress and egress, together with other requirements of this chapter, may be strictly controlled by staff responsible for security in order to protect the defendant, facility personnel, other clients, and citizens in adjacent communities.(2) It is the intent of the Legislature that treatment or training programs for defendants who are found to have mental illness, intellectual disability, or autism and are involuntarily committed to the department or agency, and who are still under the jurisdiction of the committing court, be provided in a manner, subject to security requirements and other mandates of this chapter, which ensures the rights of the defendants as provided in this chapter.(3) It is the intent of the Legislature that evaluation and services to defendants who have mental illness, intellectual disability, or autism be provided in community settings, in community residential facilities, or in civil facilities, whenever this is a feasible alternative to treatment or training in a state forensic facility.(4) It is the intent of the Legislature to minimize and achieve an ongoing reduction in the use of restraint and seclusion on persons who are committed to a civil or forensic facility under this chapter.History.—s. 30, ch. 85-167; s. 5, ch. 98-92; s. 1, ch. 2006-195; s. 27, ch. 2013-162; s. 308, ch. 2014-19.
FL Stat § 916.1065 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part I - General Provisions (Ss. 916.10-916.1093)|916.1065 - Confidentiality of forensic behavioral health evaluations.

916.1065 Confidentiality of forensic behavioral health evaluations.—(1) A forensic behavioral health evaluation filed with the court under this chapter is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.(2) As used in this section, the term “forensic behavioral health evaluation” means any record, including supporting documentation, derived from a competency, substance abuse, psychosexual, psychological, psychiatric, psychosocial, cognitive impairment, sanity, or other mental health evaluation of an individual.(3) The exemption under subsection (1) applies to forensic behavioral health evaluations filed with a court before, on, or after July 1, 2014.History.—s. 1, ch. 2014-67.
FL Stat § 916.1081 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part I - General Provisions (Ss. 916.10-916.1093)|916.1081 - Escape from program; penalty.

916.1081 Escape from program; penalty.—(1) A forensic client who is involuntarily committed to the department or agency, who is in the custody of the department or agency, and who escapes or attempts to escape from a civil or forensic facility commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(2) A person who is involuntarily committed to the department or the agency, who is in the custody of the Department of Corrections, and who escapes or attempts to escape from a facility or program commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any punishment of imprisonment imposed under this subsection shall run consecutive to any former sentence imposed upon the person.History.—s. 38, ch. 85-167; s. 8, ch. 98-92; s. 5, ch. 2006-195.Note.—Former s. 916.175.
FL Stat § 916.1091 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part I - General Provisions (Ss. 916.10-916.1093)|916.1091 - Duties, functions, and powers of institutional security personnel.

916.1091 Duties, functions, and powers of institutional security personnel.—(1) In case of emergency, and when necessary to provide protection and security to any client, to the personnel, equipment, buildings, or grounds of a department or agency facility, or to citizens in the surrounding community, institutional security personnel may, when authorized by the administrator of the facility or her or his designee when the administrator is not present, use a chemical weapon against a patient housed in a forensic facility. However, such weapon shall be used only to the extent necessary to provide protection and security. Under no circumstances shall any officer carry a chemical weapon on her or his person except during the period of the emergency for which its use was authorized. All chemical weapons shall be placed in secure storage when their use is not authorized as provided in this section.(2) The department, the agency, or an entity contracting with the department or agency to operate a forensic facility under this chapter is considered an employing agency as that term is defined in s. 943.10 and is authorized to employ certified correctional officers as institutional security personnel. This authority applies retroactively to all certified officers employed in such capacity beginning January 1, 1974.History.—s. 1, ch. 77-31; s. 1, ch. 79-336; s. 158, ch. 79-400; s. 3, ch. 80-75; s. 40, ch. 85-167; s. 1535, ch. 97-102; s. 10, ch. 98-92; s. 7, ch. 2006-195; s. 4, ch. 2007-241.Note.—Former ss. 394.4671, 394.86, 394.906; s. 916.19.
FL Stat § 916.1093 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part I - General Provisions (Ss. 916.10-916.1093)|916.1093 - Operation and administration; rules.

916.1093 Operation and administration; rules.—(1) The department or agency may enter into contracts and do such things as may be necessary and incidental to assure compliance with and to carry out the provisions of this chapter in accordance with the stated legislative intent.(2) The department and agency are authorized to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. Such rules must address the use of restraint and seclusion in forensic facilities and must be consistent with recognized best practices; prohibit inherently dangerous restraint or seclusion procedures; establish limitations on the use and duration of restraint and seclusion; establish measures to ensure the safety of clients and staff during an incident of restraint or seclusion; establish procedures for staff to follow before, during, and after incidents of restraint or seclusion; establish professional qualifications of and training for staff who may order or be engaged in the use of restraint or seclusion; provide data reporting and data collection procedures relating to the use of restraint and seclusion; and provide for the documentation of the use of restraint or seclusion in the client’s facility record.History.—s. 41, ch. 85-167; s. 11, ch. 98-92; s. 225, ch. 98-200; s. 8, ch. 2006-195.Note.—Former s. 916.20.
FL Stat § 916.111 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part II - Forensic Services for Persons Who Are Mentally Ill (Ss. 916.111-916.185)|916.111 - Training of mental health experts.

916.111 Training of mental health experts.—The evaluation of defendants for competency to proceed or for sanity at the time of the commission of the offense shall be conducted in such a way as to ensure uniform application of the criteria enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal Procedure. The department shall develop, and may contract with accredited institutions:(1) To provide:(a) A plan for training mental health professionals to perform forensic evaluations and to standardize the criteria and procedures to be used in these evaluations;(b) Clinical protocols and procedures based upon the criteria of Rules 3.210 and 3.216, Florida Rules of Criminal Procedure; and(c) Training for mental health professionals in the application of these protocols and procedures in performing forensic evaluations and providing reports to the courts; and(2) To compile and maintain the necessary information for evaluating the success of this program, including the number of persons trained, the cost of operating the program, and the effect on the quality of forensic evaluations as measured by appropriateness of admissions to state forensic facilities and to community-based care programs.History.—s. 33, ch. 85-167; s. 13, ch. 98-92; s. 9, ch. 2006-195.Note.—Former s. 916.108.
FL Stat § 916.14 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part II - Forensic Services for Persons Who Are Mentally Ill (Ss. 916.111-916.185)|916.14 - Statute of limitations; former jeopardy.

916.14 Statute of limitations; former jeopardy.—The statute of limitations shall not be applicable to criminal charges dismissed because of the incompetency of the defendant to proceed. If a defendant is declared incompetent to proceed during trial and afterwards is declared competent to proceed, the defendant’s other, uncompleted trial shall not constitute former jeopardy.History.—s. 1, ch. 80-75; s. 1531, ch. 97-102; s. 17, ch. 98-92.
FL Stat § 916.145 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part II - Forensic Services for Persons Who Are Mentally Ill (Ss. 916.111-916.185)|916.145 - Dismissal of charges.

916.145 Dismissal of charges.—(1) The charges against a defendant adjudicated incompetent to proceed due to mental illness shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed for 5 continuous, uninterrupted years after such determination, unless the court in its order specifies its reasons for believing that the defendant will become competent to proceed within the foreseeable future and specifies the time within which the defendant is expected to become competent to proceed. The court may dismiss such charges at least 3 years after such determination, unless the charge is:(a) Arson;(b) Sexual battery;(c) Robbery;(d) Kidnapping;(e) Aggravated child abuse;(f) Aggravated abuse of an elderly person or disabled adult;(g) Aggravated assault with a deadly weapon;(h) Murder;(i) Manslaughter;(j) Aggravated manslaughter of an elderly person or disabled adult;(k) Aggravated manslaughter of a child;(l) Unlawful throwing, projecting, placing, or discharging of a destructive device or bomb;(m) Armed burglary;(n) Aggravated battery;(o) Aggravated stalking;(p) A forcible felony as defined in s. 776.08 and not listed elsewhere in this subsection;(q) An offense where an element of the offense requires the possession, use, or discharge of a firearm;(r) An attempt to commit an offense listed in this subsection;(s) An offense allegedly committed by a defendant who has had a forcible or violent felony conviction within the 5 years immediately preceding the date of arrest for the nonviolent felony sought to be dismissed;(t) An offense allegedly committed by a defendant who, after having been found incompetent and placed under court supervision in a community-based program, is formally charged by a state attorney or the Office of the Statewide Prosecutor with a new felony offense; or(u) An offense for which there is an identifiable victim and such victim has not consented to the dismissal.(2) This section does not prohibit the state from refiling dismissed charges if the defendant is declared to be competent to proceed in the future.History.—s. 6, ch. 83-274; s. 74, ch. 87-226; s. 1532, ch. 97-102; s. 18, ch. 98-92; s. 13, ch. 2006-195; s. 3, ch. 2016-135.
FL Stat § 916.16 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part II - Forensic Services for Persons Who Are Mentally Ill (Ss. 916.111-916.185)|916.16 - Jurisdiction of committing court.

916.16 Jurisdiction of committing court.—(1) The committing court shall retain jurisdiction over any defendant involuntarily committed due to a determination of incompetency to proceed due to mental illness or a finding of not guilty by reason of insanity pursuant to this chapter. The defendant may not be released except by order of the committing court. An administrative hearing examiner does not have jurisdiction to determine issues of continuing commitment or release of any defendant involuntarily committed pursuant to this chapter.(2) The committing court shall retain jurisdiction in the case of any defendant placed on conditional release pursuant to s. 916.17. Such defendant may not be released from the conditions of release except by order of the committing court.History.—s. 1, ch. 80-75; s. 7, ch. 83-274; s. 20, ch. 98-92; s. 15, ch. 2006-195.
FL Stat § 916.17 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part II - Forensic Services for Persons Who Are Mentally Ill (Ss. 916.111-916.185)|916.17 - Conditional release.

916.17 Conditional release.—(1) Except for an inmate currently serving a prison sentence, the committing court may order a conditional release of any defendant in lieu of an involuntary commitment to a facility pursuant to s. 916.13 or s. 916.15 based upon an approved plan for providing appropriate outpatient care and treatment. Upon a recommendation that outpatient treatment of the defendant is appropriate, a written plan for outpatient treatment, including recommendations from qualified professionals, must be filed with the court, with copies to all parties. Such a plan may also be submitted by the defendant and filed with the court with copies to all parties. The plan shall include:(a) Special provisions for residential care or adequate supervision of the defendant.(b) Provisions for outpatient mental health services.(c) If appropriate, recommendations for auxiliary services such as vocational training, educational services, or special medical care.In its order of conditional release, the court shall specify the conditions of release based upon the release plan and shall direct the appropriate agencies or persons to submit periodic reports to the court regarding the defendant’s compliance with the conditions of the release and progress in treatment, with copies to all parties.(2) Upon the filing of an affidavit or statement under oath by any person that the defendant has failed to comply with the conditions of release, that the defendant’s condition has deteriorated to the point that inpatient care is required, or that the release conditions should be modified, the court shall hold a hearing within 7 days after receipt of the affidavit or statement under oath. After the hearing, the court may modify the release conditions. The court may also order that the defendant be returned to the department if it is found, after the appointment and report of experts, that the person meets the criteria for involuntary commitment under s. 916.13 or s. 916.15.(3) If at any time it is determined after a hearing that the defendant who has been conditionally released under subsection (1) no longer requires court-supervised followup care, the court shall terminate its jurisdiction in the cause and discharge the defendant.History.—s. 1, ch. 80-75; s. 37, ch. 85-167; s. 1534, ch. 97-102; s. 21, ch. 98-92; s. 16, ch. 2006-195.