reglab/housing_qa huggingface dataset:
FL Stat § 560.312 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 560 - Money Services Businesses|Part III - Check Cashing and Foreign Currency Exchange (Ss. 560.303-560.312)|560.312 - Database of payment instrument transactions; confidentiality.

560.312 Database of payment instrument transactions; confidentiality.—(1) Payment instrument transaction information held by the office pursuant to s. 560.310 which identifies a licensee, payor, payee, or conductor is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.(2)(a) A licensee may access information that it submits to the office for inclusion in the database.(b) The office, to the extent permitted by state and federal law, may enter into information-sharing agreements with the department, law enforcement agencies, and other governmental agencies and, in accordance with such agreements, may provide the department, law enforcement agencies, and other governmental agencies with access to information contained in the database for use in detecting and deterring financial crimes and workers’ compensation violations, pursuant to chapter 440. Any department or agency that receives confidential information from the office under this paragraph must maintain the confidentiality of the information, unless, and only to the extent that, a court order compels production of the information to a specific party or parties.(3) The office may release payment instrument transaction information in the aggregate, so long as the information released does not reveal information that identifies a licensee, payor, payee, or conductor.History.—s. 1, ch. 2013-155; s. 1, ch. 2018-116; s. 1, ch. 2020-169.
FL Stat § 560.402 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 560 - Money Services Businesses|Part IV - Deferred Presentment (Ss. 560.402-560.408)|560.402 - Definitions.

560.402 Definitions.—For the purposes of this part, the term:(1) “Affiliate” means a person who, directly or indirectly, through one or more intermediaries controls, is controlled by, or is under common control with, a deferred presentment provider.(2) “Deferment period” means the number of days a deferred presentment provider agrees to defer depositing, presenting, or redeeming a payment instrument.(3) “Deferred presentment installment transaction” means a deferred presentment transaction that is repayable in installments.(4) “Deferred presentment transaction” means providing currency or a payment instrument in exchange for a drawer’s check and agreeing to hold the check for a deferment period.(5) “Drawer” means a customer who writes a personal check and upon whose account the check is drawn.(6) “Extension of a deferred presentment agreement” means continuing a deferred presentment transaction past the deferment period by having the drawer pay additional fees and the deferred presentment provider continuing to hold the check for another deferment period.(7) “Outstanding transaction balance” means the amount received by the drawer from the deferred presentment provider which is due and owing, exclusive of the fees allowed under this part, in a deferred presentment transaction.(8) “Rollover” means the termination or extension of a deferred presentment agreement by the payment of an additional fee and the continued holding of the check, or the substitution of a new check by the drawer pursuant to a new deferred presentment agreement.(9) “Termination of a deferred presentment agreement” means that all checks that are the basis for the agreement are redeemed by the drawer by payment in full in cash, or are deposited and the deferred presentment provider has evidence that such checks have cleared. Verification of sufficient funds in the drawer’s account by the deferred presentment provider is not sufficient evidence to deem that the deferred presentment transaction is terminated.History.—s. 13, ch. 2001-119; s. 725, ch. 2003-261; s. 43, ch. 2008-177; s. 1, ch. 2018-26.
FL Stat § 560.403 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 560 - Money Services Businesses|Part IV - Deferred Presentment (Ss. 560.402-560.408)|560.403 - Declaration of intent.

560.403 Declaration of intent.—Except for financial institutions as defined in s. 655.005, a person may not engage in a deferred presentment transaction unless the person is licensed as a money services business under part II or part III of this chapter and has on file with the office a declaration of intent to engage in deferred presentment transactions, regardless of whether such person is exempted from licensure under any other provision of this chapter. The declaration of intent must be under oath and on such form as prescribed by rule. The declaration of intent must be filed with a nonrefundable filing fee as provided in s. 560.143. A declaration of intent expires after 24 months and must be renewed.History.—s. 13, ch. 2001-119; s. 726, ch. 2003-261; s. 66, ch. 2006-213; s. 44, ch. 2008-177.
FL Stat § 560.4041 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 560 - Money Services Businesses|Part IV - Deferred Presentment (Ss. 560.402-560.408)|560.4041 - Database for deferred presentment providers; public records exemption.

560.4041 Database for deferred presentment providers; public records exemption.—Information that identifies a drawer or a deferred presentment provider contained in the database authorized under s. 560.404 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. A deferred presentment provider may access information that it has entered into the database and may obtain an eligibility determination for a particular drawer based on information in the database.History.—s. 1, ch. 2001-268; s. 728, ch. 2003-261; s. 1, ch. 2006-189.
FL Stat § 560.405 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 560 - Money Services Businesses|Part IV - Deferred Presentment (Ss. 560.402-560.408)|560.405 - Deposit; redemption.

560.405 Deposit; redemption.—(1) The deferred presentment provider or its affiliate may not present the drawer’s check before the end of the deferment period, except for a missed scheduled payment for a deferred presentment installment transaction that has not been otherwise deferred pursuant to s. 560.404(23), as reflected and described in the deferred presentment transaction agreement.(2) Before a deferred presentment provider presents the drawer’s check, the check must be endorsed with the name under which the deferred presentment provider is doing business.(3) Notwithstanding subsection (1), in lieu of presentment, a deferred presentment provider may allow the check to be redeemed at any time upon payment of the outstanding transaction balance and earned fees. However, payment may not be made in the form of a personal check. Upon redemption, the deferred presentment provider must return the drawer’s check and provide a signed, dated receipt showing that the drawer’s check has been redeemed.(4) A drawer may not be required to redeem his or her check in full before the agreed-upon date; however, the drawer may choose to redeem the check before the agreed-upon presentment date.History.—s. 13, ch. 2001-119; s. 46, ch. 2008-177; s. 3, ch. 2018-26.
FL Stat § 560.406 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 560 - Money Services Businesses|Part IV - Deferred Presentment (Ss. 560.402-560.408)|560.406 - Worthless checks.

560.406 Worthless checks.—(1) If a check is returned to a deferred presentment provider from a payor financial institution due to lack of funds, a closed account, or a stop-payment order, the deferred presentment provider may seek collection pursuant to s. 68.065, except a deferred presentment provider may not collect treble damages. The notice sent by the deferred deposit provider may not include any references to treble damages and must clearly state that the deferred presentment provider is not entitled to recover such damages. Except as otherwise provided in this part, an individual who issues a personal check to a deferred presentment provider under a deferred presentment agreement is not subject to criminal penalty.(2) If a check is returned to a deferred presentment provider from a payor financial institution due to insufficient funds, a closed account, or a stop-payment order, the deferred presentment provider may pursue all legally available civil remedies to collect the check, including, but not limited to, the imposition of all charges imposed on the deferred presentment provider by the financial institution. In its collection practices, a deferred presentment provider must comply with the prohibitions against harassment or abuse, false or misleading representations, and unfair practices that are contained in the Fair Debt Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and 1692f. A violation of this act is a deceptive and unfair trade practice and constitutes a violation of the Deceptive and Unfair Trade Practices Act under part II of chapter 501. In addition, a deferred presentment provider must comply with the applicable provisions of the Consumer Collection Practices Act under part VI of chapter 559, including s. 559.77.(3) A deferred presentment provider may not assess the cost of collection, other than charges for insufficient funds as allowed by law, without a judgment from a court of competent jurisdiction.History.—s. 13, ch. 2001-119; s. 47, ch. 2008-177; s. 74, ch. 2009-21.
FL Stat § 560.408 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 560 - Money Services Businesses|Part IV - Deferred Presentment (Ss. 560.402-560.408)|560.408 - Legislative intent; report.

560.408 Legislative intent; report.—It is the intent of the Legislature to provide for the regulation of deferred presentment transactions. It is further the intent of the Legislature to prevent fraud, abuse, and other unlawful activity associated with deferred presentment transactions in part by:(1) Providing for sufficient regulatory authority and resources to monitor deferred presentment transactions.(2) Preventing rollovers.(3) Regulating the allowable fees charged in connection with a deferred presentment transaction.History.—s. 13, ch. 2001-119; s. 730, ch. 2003-261; s. 111, ch. 2005-2.
FL Stat § 569.002 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|569.002 - Definitions.

569.002 Definitions.—As used in this part, the term:(1) “Dealer” is synonymous with the term “retail tobacco products dealer.”(2) “Division” means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.(3) “Nicotine product” has the same meaning as provided in s. 569.31(4).(4) “Nicotine dispensing device” has the same meaning as provided in s. 569.31(3).(5) “Permit” is synonymous with the term “retail tobacco products dealer permit.”(6) “Retail tobacco products dealer” means the holder of a retail tobacco products dealer permit.(7) “Retail tobacco products dealer permit” means a permit issued by the division pursuant to s. 569.003.(8) “Tobacco products” includes loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing.(9) “Any person under the age of 21” does not include any person under the age of 21 who:(a) Is in the military reserve or on active duty in the Armed Forces of the United States; or(b) Is acting in his or her scope of lawful employment with an entity licensed under the provisions of chapter 210 or this part.History.—s. 2, ch. 92-285; s. 222, ch. 94-218; s. 4, ch. 97-162; s. 1, ch. 98-172; s. 6, ch. 2021-14.
FL Stat § 569.0025 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|569.0025 - Preemption.

569.0025 Preemption.—The establishment of the minimum age for purchasing or possessing, and the regulation for the marketing, sale, or delivery of, tobacco products is preempted to the state.History.—s. 7, ch. 2021-14.
FL Stat § 569.004 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|569.004 - Consent to inspection and search without warrant.

569.004 Consent to inspection and search without warrant.—An applicant for a permit, by accepting the permit when issued, agrees that the place or premises covered by the permit is subject to inspection and search without a search warrant by the division or its authorized assistants, and by sheriffs, deputy sheriffs, or police officers, to determine compliance with this chapter, including part II of this chapter if the applicant deals, at retail, in nicotine products within the state or allows a nicotine products vending machine to be located on its premises within the state.History.—s. 4, ch. 92-285; s. 8, ch. 97-162; s. 9, ch. 2021-14.
FL Stat § 569.005 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|569.005 - Operating without a retail tobacco products dealer permit; penalty.

569.005 Operating without a retail tobacco products dealer permit; penalty.—(1) It is unlawful for a person, firm, association, or corporation to deal, at retail, in tobacco products, in any manner, or to allow a tobacco products vending machine to be located on its premises, without having a retail tobacco products dealer permit as required by s. 569.003. A person who violates this section is guilty of a noncriminal violation, punishable by a fine of not more than $500.(2) Any person who violates this section shall be cited for such infraction and shall be cited to appear before the county court. The citation may indicate the time, date, and location of the scheduled hearing and must indicate that the penalty for a noncriminal violation is a fine of not more than $500.(3) A person cited for an infraction under this section may:(a) Post a $500 bond; or(b) Sign and accept the citation indicating a promise to appear.(4)(a) A person cited with violating this section may:1. Pay the $500 fine, either by mail or in person, within 10 days after receiving the citation; or2. If that person has posted a bond, forfeit the bond by not appearing at the scheduled hearing.(b) If the person cited pays the $500 fine or forfeits the bond, that person is deemed to have admitted violating this section and to have waived the right to a hearing on the issue of commission of the violation. Such admission may not be used as evidence in any other proceeding.(5) The court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven beyond a reasonable doubt, the court may impose a civil penalty in an amount that may not exceed $500.(6) If a person is found by the court to have committed the infraction, that person may appeal that finding to the circuit court.History.—s. 5, ch. 92-285.
FL Stat § 569.006 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|569.006 - Retail tobacco products dealers; administrative penalties.

569.006 Retail tobacco products dealers; administrative penalties.—The division may suspend or revoke the permit of the dealer upon sufficient cause appearing of the violation of any of the provisions of this chapter, including part II of this chapter if the dealer deals, at retail, in nicotine products within the state or allows a nicotine products vending machine to be located on its premises within the state, by a dealer or by a dealer’s agent or employee. The division may also assess and accept administrative fines of up to $1,000 against a dealer for each violation. The division shall deposit all fines collected into the General Revenue Fund as collected. An order imposing an administrative fine becomes effective 15 days after the date of the order. The division may suspend the imposition of a penalty against a dealer, conditioned upon the dealer’s compliance with terms the division considers appropriate.History.—s. 6, ch. 92-285; s. 9, ch. 97-162; s. 10, ch. 2021-14.
FL Stat § 569.007 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|569.007 - Sale or delivery of tobacco products; restrictions.

569.007 Sale or delivery of tobacco products; restrictions.—(1) In order to prevent persons under 21 years of age from purchasing or receiving tobacco products, the sale or delivery of tobacco products is prohibited, except:(a) When under the direct control or line of sight of the dealer or the dealer’s agent or employee; or(b) Sales from a vending machine are prohibited under the provisions of paragraph (1)(a) and are only permissible from a machine that is equipped with an operational lockout device which is under the control of the dealer or the dealer’s agent or employee who directly regulates the sale of items through the machine by triggering the lockout device to allow the dispensing of one tobacco product. The lockout device must include a mechanism to prevent the machine from functioning if the power source for the lockout device fails or if the lockout device is disabled and a mechanism to ensure that only one tobacco product is dispensed at a time.(2) The provisions of subsection (1) shall not apply to an establishment that prohibits persons under 21 years of age on the licensed premises.(3) The provisions of subsection (1) shall not apply to the sale or delivery of cigars and pipe tobacco.(4) A dealer or a dealer’s agent or employee must require proof of age of a purchaser of a tobacco product before selling the product to that person, unless the purchaser appears to be 30 years of age or older.(5) A wholesale dealer or distributing agent, as those terms are defined in s. 210.01, or a distributor, as defined in s. 210.25, may sell or deliver tobacco products only to dealers who have permits.History.—s. 7, ch. 92-285; s. 53, ch. 95-144; s. 11, ch. 97-162; s. 11, ch. 2021-14.
FL Stat § 569.0073 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|569.0073 - Special provisions; smoking pipes and smoking devices.

569.0073 Special provisions; smoking pipes and smoking devices.—(1) It is unlawful for any person to offer for sale at retail any of the items listed in subsection (2) unless such person:(a) Has a retail tobacco products dealer permit under s. 569.003. The provisions of this chapter apply to any person that offers for retail sale any of the items listed in subsection (2); and(b)1. Derives at least 75 percent of its annual gross revenues from the retail sale of cigarettes, cigars, and other tobacco products; or2. Derives no more than 25 percent of its annual gross revenues from the retail sale of the items listed in subsection (2).(2) The following smoking pipes and smoking devices are subject to the provisions of this section:(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic smoking pipes, with or without screens, permanent screens, or punctured metal bowls.(b) Water pipes.(c) Carburetion tubes and devices.(d) Chamber pipes.(e) Carburetor pipes.(f) Electric pipes.(g) Air-driven pipes.(h) Chillums.(i) Bongs.(j) Ice pipes or chillers.(3) Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 1, ch. 2010-118.
FL Stat § 569.0075 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|569.0075 - Gift of sample tobacco products prohibited.

569.0075 Gift of sample tobacco products prohibited.—The gift of sample tobacco products to any person under the age of 21 by an entity licensed or permitted under the provisions of chapter 210 or this part, or by an employee of such entity, is prohibited and is punishable as provided in s. 569.101.History.—s. 12, ch. 97-162; s. 12, ch. 2021-14.
FL Stat § 569.009 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|569.009 - Rulemaking authority.

569.009 Rulemaking authority.—The division shall adopt any rules necessary to administer and enforce the provisions of this part.History.—s. 9, ch. 92-285; s. 14, ch. 97-162; s. 14, ch. 2021-14.
FL Stat § 569.101 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|569.101 - Selling, delivering, bartering, furnishing, or giving tobacco products to persons under 21 years of age; criminal penalties; defense.

569.101 Selling, delivering, bartering, furnishing, or giving tobacco products to persons under 21 years of age; criminal penalties; defense.—(1) It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person who is under 21 years of age, any tobacco product.(2) Any person who violates subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. However, any person who violates subsection (1) for a second or subsequent time within 1 year of the first violation, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(3) A person charged with a violation of subsection (1) has a complete defense if, at the time the tobacco product was sold, delivered, bartered, furnished, or given:(a) The buyer or recipient falsely evidenced that she or he was 21 years of age or older;(b) The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 21 years of age or older; and(c) Such person carefully checked a driver license or an identification card issued by this state or another state of the United States, a passport, or a United States armed services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 21 years of age or older.History.—ss. 1, 2, ch. 5716, 1907; RGS 5530; CGL 7696; s. 1083, ch. 71-136; s. 1, ch. 85-100; s. 218, ch. 91-224; s. 11, ch. 92-285; s. 1388, ch. 97-102; s. 3, ch. 97-162; s. 15, ch. 2021-14.Note.—Former s. 859.06.