reglab/housing_qa huggingface dataset:
FL Stat § 526.312 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 526 - Sale of Liquid Fuels; Brake Fluid|Part I - Sale of Liquid Fuels (Ss. 526.01-526.313)|526.312 - Enforcement; private actions; injunctive relief.

526.312 Enforcement; private actions; injunctive relief.—(1) Any person injured as a result of an act or practice which violates this act may bring a civil action for appropriate relief, including an action for a declaratory judgment, injunctive relief, and actual damages.(2) On the application for a temporary restraining order or a preliminary injunction, the court, in its discretion having due regard for the public interest, may require or dispense with the requirement of a bond, with or without surety, as conditions and circumstances may require. If a bond is required, the amount shall not be greater than $50,000. Upon proper application by the plaintiff, the court shall grant preliminary injunctive relief if the plaintiff shows:(a) That he or she is a proper person to seek the relief requested.(b) There exist sufficiently serious questions going to the merits to make such questions a fair ground for litigation; and the court determines, on balance, the hardships imposed on the defendant and the public interest by the issuance of such preliminary injunctive relief will be less than the hardship which would be imposed on the plaintiff if such preliminary injunctive relief were not granted.The standards specified in paragraphs (a) and (b) shall also apply to actions for injunctive relief brought by the department under s. 526.311.(3) Any actual damages found to have resulted from violations of this act may be trebled by the court.(4) The court shall award a reasonable attorney’s fee to the prevailing plaintiff and may award a reasonable attorney’s fee to the prevailing defendant.History.—s. 11, ch. 85-74; s. 6, ch. 91-247; s. 720, ch. 97-103; s. 40, ch. 2000-258; s. 18, ch. 2000-308.
FL Stat § 526.313 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 526 - Sale of Liquid Fuels; Brake Fluid|Part I - Sale of Liquid Fuels (Ss. 526.01-526.313)|526.313 - Limitations period for actions.

526.313 Limitations period for actions.—Any action brought by the department shall be brought within 2 years after the alleged violation occurred or should reasonably have been discovered. Any action brought by any other person shall be brought within 1 year after the alleged violation occurred or should reasonably have been discovered, except that a private action brought under s. 526.305 for unlawful price discrimination shall be brought within 2 years from the date the alleged violation occurred or should reasonably have been discovered.History.—s. 12, ch. 85-74; s. 41, ch. 2000-258; s. 19, ch. 2000-308.
FL Stat § 526.50 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 526 - Sale of Liquid Fuels; Brake Fluid|Part II - Sale of Brake Fluid (Ss. 526.50-526.56)|526.50 - Definition of terms.

526.50 Definition of terms.—As used in this part:(1) “Brake fluid” means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways.(2) “Department” means the Department of Agriculture and Consumer Services.(3) “Sell” includes give, distribute, barter, exchange, trade, keep for sale, offer for sale or expose for sale, in any of their variant forms.(4) “Labeling” includes all written, printed or graphic representations, in any form whatsoever, imprinted upon or affixed to any container of brake fluid.(5) “Container” means any receptacle in which brake fluid is immediately contained when sold, but does not mean a carton or wrapping in which a number of such receptacles are shipped or stored or a tank car or truck.(6) “Registrant” means any manufacturer, packer, distributor, seller, or other person who has registered a brake fluid with the department.(7) “Brand” means the product name appearing on the label of a container of brake fluid.(8) “Formula” means the name of the chemical mixture or composition of the brake fluid product.History.—s. 1, ch. 61-390; ss. 14, 35, ch. 69-106; s. 79, ch. 92-291; s. 28, ch. 2012-67; s. 15, ch. 2014-147.
FL Stat § 526.52 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 526 - Sale of Liquid Fuels; Brake Fluid|Part II - Sale of Brake Fluid (Ss. 526.50-526.56)|526.52 - Specifications; adulteration and misbranding.

526.52 Specifications; adulteration and misbranding.—(1) The department shall establish specifications for brake fluid which shall promote the public safety in the operation of automotive vehicles and may amend such specifications by regulation, but in no event shall the specifications for brake fluid fall below the minimum specifications established by the Society of Automotive Engineers for brake fluid, heavy-duty-type.(2) A brake fluid is deemed to be adulterated if its contents have been changed after registration, without reregistration, or its quality or characteristics fall below the specification for brake fluid established by the department.(3) Brake fluid is deemed to be misbranded:(a) If its container does not bear on its side or top a label on which is printed the name and place of business of the registrant of the product, the words “brake fluid,” and a statement that the product therein equals or exceeds the minimum specification of the Society of Automotive Engineers for brake fluid, heavy-duty-type, the United States Department of Transportation Motor Vehicle Safety Standard No. 116, or other specified standard identified in department rule. The department may require by rule that the duty-type classification appear on the label.(b) If the container does not bear on its side or top an accurate statement of the quantity of the contents in terms of liquid measure.(c) If the labeling on the container is false or misleading in any particular.(4) The words and letters required by this section shall appear on the label in legible type, in English.History.—s. 1, ch. 61-390; s. 30, ch. 2012-67.
FL Stat § 526.53 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 526 - Sale of Liquid Fuels; Brake Fluid|Part II - Sale of Brake Fluid (Ss. 526.50-526.56)|526.53 - Enforcement; inspection and analysis, stop-sale and disposition, regulations.

526.53 Enforcement; inspection and analysis, stop-sale and disposition, regulations.—(1) The department shall enforce this part through the department, and may sample, inspect, analyze, and test any brake fluid manufactured, packed, or sold within this state. Collected samples must be analyzed by the department. The certificate of analysis by the department shall be prima facie evidence of the facts stated therein in any legal proceeding in this state. The department has free access during business hours to all premises, buildings, vehicles, cars, or vessels used in the manufacture, packing, storage, sale, or transportation of brake fluid, and may open any box, carton, parcel, or container of brake fluid and take samples for inspection and analysis or for evidence.(2)(a) If any brake fluid is sold in violation of any of the provisions of this part, all such brake fluid of the same brand name shall be placed under a stop-sale order by the department by serving the owner of the brand name, the distributor, or other entity responsible for selling or distributing the product in this state with the stop-sale order. The department shall withdraw its stop-sale order upon the removal of the violation or upon voluntary destruction of the product, or other disposal approved by the department, under the supervision of the department.(b) In addition to being subject to the stop-sale procedures, unregistered brake fluid shall be held by the department or its representative, at a place to be designated in the stop-sale order, until properly registered and released in writing by the department or its representative. If application has not been made for registration of such product within 30 days after issue of the stop-sale order, the department or, with the consent of the department, the representative may give the product that meets legal specifications to any tax-supported institution or agency of the state. If application has not been made for registration of the product within 30 days after issuance of the stop-order sale and the product fails to meet legal specifications, the product may be disposed of as authorized by rule of the department.(3) Any brake fluid which becomes the subject of a court proceeding shall be disposed of by order of the court.(4) The department may adopt and enforce such rules as are necessary to carry out the provisions of this part.(5) No labeling relating to any brake fluid shall contain any statement that the brake fluid has been approved by the department. However, a statement that the brake fluid has been registered by the department may be included in such labeling.History.—s. 1, ch. 61-390; s. 1, ch. 71-118; s. 80, ch. 92-291; s. 31, ch. 2012-67; s. 17, ch. 2018-84.
FL Stat § 526.54 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 526 - Sale of Liquid Fuels; Brake Fluid|Part II - Sale of Brake Fluid (Ss. 526.50-526.56)|526.54 - Certified copy of analysis as evidence.

526.54 Certified copy of analysis as evidence.—A certified copy of the analysis made by the department shall be admitted as prima facie evidence in any court proceeding involving the inspection, analysis, standards or specifications of brake fluid as defined and covered by this part.History.—s. 1, ch. 61-390.
FL Stat § 526.55 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 526 - Sale of Liquid Fuels; Brake Fluid|Part II - Sale of Brake Fluid (Ss. 526.50-526.56)|526.55 - Violation and penalties.

526.55 Violation and penalties.—(1) It is unlawful:(a) To sell any brake fluid that is adulterated or misbranded, not registered, or on which a permit has not been issued.(b) For anyone to remove any stop-sale order placed on a product by the department, or any product upon which a stop-sale order has been placed.(2) If the department finds that a person has violated or is operating in violation of ss. 526.50-526.56 or the rules or orders adopted thereunder, the department may, by order:(a) Issue a notice of noncompliance pursuant to s. 120.695;(b) Impose an administrative fine in the Class II category pursuant to s. 570.971 for each violation;(c) Direct that the person cease and desist specified activities;(d) Revoke or suspend a registration, or refuse to register a product; or(e) Place the registrant on probation for a period of time, subject to conditions as the department may specify.(3) The administrative proceedings seeking entry of an order imposing any of the penalties specified in subsection (2) are governed by chapter 120.(4) If a registrant is found to be in violation of ss. 526.50-526.56 and fails to pay a fine within 30 days after imposition of the fine, the department may suspend all registrations issued to the registrant by the department until the fine is paid.(5) All fines collected by the department under this section shall be deposited into the General Inspection Trust Fund.History.—s. 1, ch. 61-390; s. 509, ch. 71-136; s. 722, ch. 97-103; s. 32, ch. 2012-67; s. 51, ch. 2014-150.
FL Stat § 526.56 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 526 - Sale of Liquid Fuels; Brake Fluid|Part II - Sale of Brake Fluid (Ss. 526.50-526.56)|526.56 - Injunction against violations.

526.56 Injunction against violations.—In addition to the remedies provided in this law, and notwithstanding the existence of any adequate remedy at law, the department is hereby authorized to make application for injunction to a circuit court or circuit judge and such circuit court or circuit judge shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this law or for failing or refusing to comply with the requirements of this law or any rule or regulation duly promulgated as in this law authorized, such injunction to be issued without bond.History.—s. 1, ch. 61-390; ss. 14, 35, ch. 69-106.
FL Stat § 538.05 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 538 - Secondhand Dealers and Secondary Metals Recyclers|Part I - Secondhand Dealers (Ss. 538.03-538.17)|538.05 - Inspection of records and premises of secondhand dealers.

538.05 Inspection of records and premises of secondhand dealers.—(1) The entire registered premises and required records of each secondhand dealer are subject to inspection during regular business hours by any law enforcement officer having jurisdiction.(2) The inspection authorized by subsection (1) shall consist of an examination on the registered premises of the inventory and required records to determine whether the records and inventory are being maintained on the registered premises as required by s. 538.04 and whether the holding period required by s. 538.06 is being complied with.History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 3, ch. 90-318; s. 4, ch. 91-429; s. 2, ch. 93-97; s. 3, ch. 2006-201.
FL Stat § 538.07 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 538 - Secondhand Dealers and Secondary Metals Recyclers|Part I - Secondhand Dealers (Ss. 538.03-538.17)|538.07 - Penalty for violation of chapter.

538.07 Penalty for violation of chapter.—(1) Except where otherwise provided herein, a person who knowingly violates any provision of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 and by a fine not to exceed $10,000.(2) When the lawful owner recovers stolen property from a secondhand dealer and the person who sold or pledged the stolen property to the secondhand dealer is convicted of theft, a violation of this section, or dealing in stolen property, the court shall order the defendant to make restitution to the secondhand dealer or the lawful owner, as applicable, pursuant to s. 775.089.History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 3, ch. 93-37; s. 5, ch. 2006-201.
FL Stat § 538.11 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 538 - Secondhand Dealers and Secondary Metals Recyclers|Part I - Secondhand Dealers (Ss. 538.03-538.17)|538.11 - Powers and duties of department; rules.

538.11 Powers and duties of department; rules.—The same duties and privileges imposed by chapter 212 upon dealers of tangible personal property respecting the keeping of books and records and accounts and compliance with rules of the department shall apply to and be binding upon all persons who are subject to the provisions of this chapter. The department shall administer, collect, and enforce the registration authorized under this chapter pursuant to the same procedures used in the administration, collection, and enforcement of the general state sales tax imposed under chapter 212, except as provided in this section. The provisions of chapter 212 regarding the keeping of records and books shall apply. The department is authorized to employ persons and incur other expenses for which funds are appropriated by the Legislature. The department is empowered to adopt such rules, and shall prescribe and publish such forms, as may be necessary to effectuate the purposes of this chapter. The Legislature hereby finds that the failure to promptly implement the provisions of this chapter would present an immediate threat to the welfare of the state. Therefore, the executive director of the department is hereby authorized to adopt emergency rules pursuant to s. 120.54(4), for purposes of implementing this chapter. Notwithstanding any other provision of law, such emergency rules shall remain effective for 6 months from the date of adoption. Other rules of the department related to and in furtherance of the orderly implementation of the chapter shall not be subject to a rule challenge under s. 120.56(2) or a drawout proceeding under s. 120.54(3)(c)2. but, once adopted, shall be subject to an invalidity challenge under s. 120.56(3). Such rules shall be adopted by the Governor and Cabinet and shall become effective upon filing with the Department of State, notwithstanding the provisions of s. 120.54(3)(e)6.History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 247, ch. 96-410; s. 35, ch. 97-99; s. 25, ch. 2001-63.
FL Stat § 538.15 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 538 - Secondhand Dealers and Secondary Metals Recyclers|Part I - Secondhand Dealers (Ss. 538.03-538.17)|538.15 - Certain acts and practices prohibited.

538.15 Certain acts and practices prohibited.—It is unlawful for a secondhand dealer or any employee thereof to do or allow any of the following acts:(1) Knowingly make a transaction with:(a) Any person who is under the influence of drugs or alcohol when such condition is visible or apparent;(b) Any person under the age of 18 years; or(c) Any person using a name other than her or his own name or the registered name of her or his business.(2) Have a secondhand store open or engage in or conduct business as a secondhand dealer between the hours of 10 p.m. and 8 a.m. A secondhand dealer shall not conduct any transaction at a drive-through window or similar device.(3) Fail to pay any sales tax owed to the Department of Revenue or fail to have a sales tax registration number.History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 3, ch. 95-287; s. 747, ch. 97-103; s. 21, ch. 2000-138.
FL Stat § 538.17 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 538 - Secondhand Dealers and Secondary Metals Recyclers|Part I - Secondhand Dealers (Ss. 538.03-538.17)|538.17 - Local regulation of secondhand dealers.

538.17 Local regulation of secondhand dealers.—Nothing in this chapter shall preclude political subdivisions of the state and municipalities from enacting laws more restrictive than the provisions of this chapter.History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 91-429.
FL Stat § 538.20 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 538 - Secondhand Dealers and Secondary Metals Recyclers|Part II - Secondary Metals Recyclers (Ss. 538.18-538.28)|538.20 - Inspection of regulated metals property and records.

538.20 Inspection of regulated metals property and records.—During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall, after properly identifying herself or himself as a law enforcement officer, have the right to inspect:(1) Any and all purchased regulated metals property in the possession of the secondary metals recycler, and(2) Any and all records required to be maintained under s. 538.19.History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 749, ch. 97-103.
FL Stat § 538.21 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 538 - Secondhand Dealers and Secondary Metals Recyclers|Part II - Secondary Metals Recyclers (Ss. 538.18-538.28)|538.21 - Hold notice.

538.21 Hold notice.—(1) Whenever a law enforcement officer has reasonable cause to believe that certain items of regulated metals property in the possession of a secondary metals recycler have been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler.(a) The hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metals property that are believed to have been stolen and that are subject to the notice, and shall inform the secondary metals recycler of the information contained in this section.(b) Upon receipt of the notice issued in accordance with this section, the secondary metals recycler receiving the notice may not process or remove the items of regulated metals property identified in the notice, or any portion thereof, from the place of business of the secondary metals recycler for 15 calendar days after receipt of the notice by the secondary metals recycler, unless sooner released by a law enforcement officer.(2) No later than the expiration of the foregoing 15-day period, a law enforcement officer may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice.(a) The extended hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metals property that are believed to have been stolen and that are subject to the extended hold notice, and shall inform the secondary metals recycler of the information contained in this section.(b) Upon receipt of the extended hold notice issued in accordance with this section, the secondary metals recycler receiving the extended hold notice may not process or remove the items of regulated metals property identified in the notice, or any portion thereof, from the place of business of the secondary metals recycler for 45 calendar days after receipt of the extended hold notice by the secondary metals recycler, unless sooner released by a law enforcement officer.(3) At the expiration of the hold period or, if extended in accordance with this section, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the regulated metals property unless other disposition has been ordered by a court of competent jurisdiction.(4) This section provides a uniform statewide process and preempts municipal or county ordinances enacted after December 31, 2008, relating specifically to secondary metals recyclers holding such metals.History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 2, ch. 2009-162.
FL Stat § 538.22 (2021)
2021 Florida Statutes|Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations|Chapter 538 - Secondhand Dealers and Secondary Metals Recyclers|Part II - Secondary Metals Recyclers (Ss. 538.18-538.28)|538.22 - Exemptions.

538.22 Exemptions.—This part shall not apply to purchases of regulated metals property from:(1) Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organizations or associations, or from any nonprofit corporation or association;(2) A law enforcement officer acting in an official capacity;(3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler;(4) Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler;(5) A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the secondary metals recycler; or(6) A manufacturing, industrial, or other commercial vendor that generates regulated materials in the ordinary course of business.History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 91-429.