reglab/housing_qa huggingface dataset:
FL Stat § 721.86 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part III - Foreclosure of Liens on Timeshare Interests (Ss. 721.80-721.86)|721.86 - Miscellaneous provisions.

721.86 Miscellaneous provisions.—(1) In the event of a conflict between the provisions of this part and the other provisions of this chapter, chapter 702, or other applicable law, the provisions of this part shall prevail. The procedures in this part must be given effect in the context of any foreclosure proceedings against timeshare interests governed by this chapter, chapter 702, chapter 718, or chapter 719.(2) If any provision of this part, or the application thereof to any person or circumstances, is held invalid, such invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application. To this end, the provisions of this part are declared severable.(3) The division has no authority to regulate, enforce, or ensure compliance with any provision of this part.(4) In addition to assessment liens and mortgage liens arising after the effective date of this part, except as provided in s. 721.855(13), the provisions of this part apply to all assessment liens and mortgage liens existing prior to the effective date of this act regarding which a foreclosure proceeding has not yet commenced.History.—s. 13, ch. 98-36; s. 46, ch. 2000-302; s. 11, ch. 2010-134.
FL Stat § 721.96 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part IV - Commissioner of Deeds (Ss. 721.96-721.98)|721.96 - Purpose.

721.96 Purpose.—The purpose of this part is to provide for the appointment of commissioners of deeds to take acknowledgments, proofs of execution, and oaths outside the United States in connection with the execution of any deed, mortgage, deed of trust, contract, power of attorney, or any other agreement, instrument or writing concerning, relating to, or to be used or recorded in connection with a timeshare estate, personal property timeshare interest, timeshare license, any property subject to a timeshare plan, or the operation of a timeshare plan located within this state.History.—s. 14, ch. 98-36; s. 31, ch. 2004-279.
FL Stat § 721.97 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part IV - Commissioner of Deeds (Ss. 721.96-721.98)|721.97 - Timeshare commissioner of deeds.

721.97 Timeshare commissioner of deeds.—(1) The Governor may appoint commissioners of deeds to take acknowledgments, proofs of execution, or oaths in any foreign country, in international waters, or in any possession, territory, or commonwealth of the United States outside the 50 states. The term of office is 4 years. Commissioners of deeds shall have authority to take acknowledgments, proofs of execution, and oaths in connection with the execution of any deed, mortgage, deed of trust, contract, power of attorney, or any other writing to be used or recorded in connection with a timeshare estate, personal property timeshare interest, timeshare license, any property subject to a timeshare plan, or the operation of a timeshare plan located within this state; provided such instrument or writing is executed outside the United States. Such acknowledgments, proofs of execution, and oaths must be taken or made in the manner directed by the laws of this state, including but not limited to s. 117.05(4), (5)(a), and (6), Florida Statutes 1997, and certified by a commissioner of deeds. The certification must be endorsed on or annexed to the instrument or writing aforesaid and has the same effect as if made or taken by a notary public licensed in this state.(2) Any person seeking to be appointed a commissioner of deeds must take and subscribe to an oath, before a notary public in this state or any other state, or a person authorized to take oaths in another country, to well and faithfully execute and perform the duties of such commissioner of deeds. The oath must be filed with the Department of State prior to the person being commissioned.(3) Official acts performed by any previously appointed commissioners of deeds, between May 30, 1997, and the effective date of this part, are declared valid as though such official acts were performed in accordance with and under the authority of this part.History.—s. 14, ch. 98-36; s. 18, ch. 98-322; s. 32, ch. 2004-279; s. 13, ch. 2007-75.
FL Stat § 721.98 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part IV - Commissioner of Deeds (Ss. 721.96-721.98)|721.98 - Powers of the division.

721.98 Powers of the division.—The division has no duty or authority to regulate, enforce, or ensure compliance with any provision of this part.History.—s. 14, ch. 98-36.
FL Stat § 731.005 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part I - Short Title; Construction (Ss. 731.005-731.155)|731.005 - Short title.

731.005 Short title.—Chapters 731-735 shall be known and may be cited as the Florida Probate Code and referred to as the “code.”History.—s. 1, ch. 74-106; s. 1, ch. 75-220; s. 4, ch. 2001-226.
FL Stat § 731.011 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part I - Short Title; Construction (Ss. 731.005-731.155)|731.011 - Determination of substantive rights; procedures.

731.011 Determination of substantive rights; procedures.—The code became effective on January 1, 1976. The substantive rights of all persons that vested prior to January 1, 1976, shall be determined as provided in former chapters 731-737 and 744-746. The procedures for the enforcement of vested substantive rights shall be as provided in the Florida Probate Rules.History.—s. 4, ch. 74-106; ss. 2, 113, ch. 75-220; s. 5, ch. 2001-226.
FL Stat § 731.102 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part I - Short Title; Construction (Ss. 731.005-731.155)|731.102 - Construction against implied repeal.

731.102 Construction against implied repeal.—This code is intended as unified coverage of its subject matter. No part of it shall be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.History.—s. 1, ch. 74-106; s. 2, ch. 75-220.
FL Stat § 731.103 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part I - Short Title; Construction (Ss. 731.005-731.155)|731.103 - Evidence as to death or status.

731.103 Evidence as to death or status.—In proceedings under this code and under chapter 736, the following additional rules relating to determination of death and status are applicable:(1) An authenticated copy of a death certificate issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date, and time of death and the identity of the decedent.(2) A copy of any record or report of a governmental agency, domestic or foreign, that a person is alive, missing, detained, or, from the facts related, presumed dead is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.(3) A person who is absent from the place of his or her last known domicile for a continuous period of 5 years and whose absence is not satisfactorily explained after diligent search and inquiry is presumed to be dead. The person’s death is presumed to have occurred at the end of the period unless there is evidence establishing that death occurred earlier. Evidence showing that the absent person was exposed to a specific peril of death may be a sufficient basis for the court determining at any time after such exposure that he or she died less than 5 years after the date on which his or her absence commenced. A petition for this determination shall be filed in the county in Florida where the decedent maintained his or her domicile or in any county of this state if the decedent was not a resident of Florida at the time his or her absence commenced.(4) This section does not preclude the establishment of death by direct or circumstantial evidence prior to expiration of the 5-year time period set forth in subsection (3).History.—s. 1, ch. 74-106; s. 2, ch. 75-220; s. 946, ch. 97-102; s. 1, ch. 2003-154; s. 27, ch. 2006-217.Note.—Created from former s. 734.34.
FL Stat § 731.1035 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part I - Short Title; Construction (Ss. 731.005-731.155)|731.1035 - Applicable rules of evidence.

731.1035 Applicable rules of evidence.—In proceedings under this code, the rules of evidence in civil actions are applicable unless specifically changed by the code.History.—s. 28, ch. 2006-217.
FL Stat § 731.104 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part I - Short Title; Construction (Ss. 731.005-731.155)|731.104 - Verification of documents.

731.104 Verification of documents.—When verification of a document is required in this code or by rule, the document filed shall include an oath or affirmation as provided in the Florida Probate Rules. Any person who willfully includes a false statement in the document shall be guilty of perjury.History.—s. 1, ch. 74-106; s. 2, ch. 75-220; s. 6, ch. 2001-226.
FL Stat § 731.105 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part I - Short Title; Construction (Ss. 731.005-731.155)|731.105 - In rem proceeding.

731.105 In rem proceeding.—Probate proceedings are in rem proceedings.History.—s. 3, ch. 75-220.
FL Stat § 731.1055 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part I - Short Title; Construction (Ss. 731.005-731.155)|731.1055 - Disposition of real property.

731.1055 Disposition of real property.—The validity and effect of a disposition, whether intestate or testate, of real property in this state shall be determined by Florida law.History.—s. 1, ch. 2016-189.
FL Stat § 731.106 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part I - Short Title; Construction (Ss. 731.005-731.155)|731.106 - Assets of nondomiciliaries.

731.106 Assets of nondomiciliaries.—(1) A debt in favor of a nondomiciliary, other than one evidenced by investment or commercial paper or other instrument, is located in the county where the debtor resides or, if the debtor is not an individual, at the place where the debtor has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is at the time of death.(2) When a nonresident decedent, whether or not a citizen of the United States, provides by will that the testamentary disposition of tangible or intangible personal property having a situs within this state shall be construed and regulated by the laws of this state, the validity and effect of the dispositions shall be determined by Florida law. The court may, and in the case of a decedent who was at the time of death a resident of a foreign country the court shall, direct the personal representative appointed in this state to make distribution directly to those designated by the decedent’s will as beneficiaries of the tangible or intangible property or to the persons entitled to receive the decedent’s personal estate under the laws of the decedent’s domicile.History.—s. 3, ch. 75-220; s. 1, ch. 77-174; s. 947, ch. 97-102; s. 7, ch. 2001-226; s. 2, ch. 2016-189.
FL Stat § 731.1065 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part I - Short Title; Construction (Ss. 731.005-731.155)|731.1065 - Precious metals.

731.1065 Precious metals.—(1) For the purposes of the code, precious metals in any tangible form, such as bullion or coins kept and acquired for their historical, artistic, collectable, or investment value apart from their normal use as legal tender for payment, are tangible personal property.(2) This section is intended to clarify existing law and applies retroactively to all written instruments executed before, on, or after July 1, 2020, as well as all proceedings pending or commenced before, on, or after July 1, 2020, in which the disposition of precious metals in any tangible form has not been finally determined.History.—s. 1, ch. 2020-67.
FL Stat § 731.109 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part I - Short Title; Construction (Ss. 731.005-731.155)|731.109 - Seal of the court.

731.109 Seal of the court.—For the purposes of this code, the seal of the clerk of the circuit court is the seal of the court.History.—s. 3, ch. 75-220.
FL Stat § 731.110 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part I - Short Title; Construction (Ss. 731.005-731.155)|731.110 - Caveat; proceedings.

731.110 Caveat; proceedings.—(1) Any interested person who is apprehensive that an estate, either testate or intestate, will be administered or that a will may be admitted to probate without that person’s knowledge may file a caveat with the court. The caveat of the interested person, other than a creditor, may be filed before or after the death of the person for whom the estate will be, or is being, administered. The caveat of a creditor may be filed only after the person’s death.(2) If the caveator is a nonresident and is not represented by an attorney admitted to practice in this state who has signed the caveat, the caveator must designate some person residing in the county in which the caveat is filed as the agent of the caveator, upon whom service may be made; however, if the caveator is represented by an attorney admitted to practice in this state who has signed the caveat, it is not necessary to designate a resident agent.(3) If a caveat has been filed by an interested person other than a creditor, the court may not admit a will of the decedent to probate or appoint a personal representative until formal notice of the petition for administration has been served on the caveator or the caveator’s designated agent and the caveator has had the opportunity to participate in proceedings on the petition, as provided by the Florida Probate Rules. This subsection does not require a caveator to be served with formal notice of its own petition for administration.(4) A caveat filed before the death of the person for whom the estate will be administered expires 2 years after filing.History.—s. 3, ch. 75-220; s. 2, ch. 77-87; s. 1, ch. 85-79; s. 2, ch. 92-200; s. 948, ch. 97-102; s. 9, ch. 2001-226; s. 2, ch. 2007-74; s. 3, ch. 2010-132; s. 5, ch. 2013-172.
FL Stat § 731.155 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part I - Short Title; Construction (Ss. 731.005-731.155)|731.155 - Applicability.

731.155 Applicability.—This act shall take effect January 1, 2002. The substantive rights of all persons that have vested prior to January 1, 2002, shall be determined as provided in former chapters 63, 215, 409, 660, and 731-737 as they existed prior to January 1, 2002. The procedures for the enforcement of substantive rights which have vested prior to January 1, 2002, shall be as provided in this act, except that any Family Administration filed before January 1, 2002, may be completed as a Family Administration.History.—s. 195, ch. 2001-226.
FL Stat § 731.301 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part III - Notice and Representation (Ss. 731.301-731.401)|731.301 - Notice.

731.301 Notice.—(1) If notice to an interested person of a petition or other proceeding is required, the notice shall be given to the interested person or that person’s attorney as provided in the code or the Florida Probate Rules.(2) In a probate proceeding, formal notice to a person is sufficient notice for the court to exercise its in rem jurisdiction over the person’s interest in the estate property or in the decedent’s protected homestead. The court does not acquire personal jurisdiction over a person by service of formal notice.(3) Persons given proper notice of a proceeding are bound by all orders entered in that proceeding.History.—s. 1, ch. 74-106; s. 5, ch. 75-220; s. 3, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 93-257; s. 64, ch. 95-211; s. 950, ch. 97-102; s. 12, ch. 2001-226; s. 5, ch. 2010-132; s. 3, ch. 2020-67.Note.—Created from former s. 732.28.
FL Stat § 731.302 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part III - Notice and Representation (Ss. 731.301-731.401)|731.302 - Waiver and consent by interested person.

731.302 Waiver and consent by interested person.—Subsequent to the filing of a petition for administration, an interested person, including a guardian ad litem, administrator ad litem, guardian of the property, personal representative, trustee, or other fiduciary, or a sole holder or all coholders of a power of revocation or a power of appointment, may waive, to the extent of that person’s interest or the interest which that person represents, subject to the provisions of ss. 731.303 and 733.604, any right or notice or the filing of any document, exhibit, or schedule required to be filed and may consent to any action or proceeding which may be required or permitted by this code.History.—s. 1, ch. 74-106; s. 6, ch. 75-220; s. 4, ch. 77-87; s. 267, ch. 79-400; s. 3, ch. 84-106; s. 25, ch. 2003-154.Note.—Created from former s. 732.28.
FL Stat § 731.401 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 731 - Probate Code: General Provisions|Part III - Notice and Representation (Ss. 731.301-731.401)|731.401 - Arbitration of disputes.

731.401 Arbitration of disputes.—(1) A provision in a will or trust requiring the arbitration of disputes, other than disputes of the validity of all or a part of a will or trust, between or among the beneficiaries and a fiduciary under the will or trust, or any combination of such persons or entities, is enforceable.(2) Unless otherwise specified in the will or trust, a will or trust provision requiring arbitration shall be presumed to require binding arbitration under chapter 682, the Revised Florida Arbitration Code. If an arbitration enforceable under this section is governed under chapter 682, the arbitration provision in the will or trust shall be treated as an agreement for the purposes of applying chapter 682.History.—s. 4, ch. 2007-74; s. 37, ch. 2013-232.
FL Stat § 732.101 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part I - Intestate Succession (Ss. 732.101-732.111)|732.101 - Intestate estate.

732.101 Intestate estate.—(1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this code.(2) The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property.History.—s. 1, ch. 74-106; s. 8, ch. 75-220; s. 14, ch. 2001-226.Note.—Created from former s. 731.23.
FL Stat § 732.102 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part I - Intestate Succession (Ss. 732.101-732.111)|732.102 - Spouse’s share of intestate estate.

732.102 Spouse’s share of intestate estate.—The intestate share of the surviving spouse is:(1) If there is no surviving descendant of the decedent, the entire intestate estate.(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.History.—s. 1, ch. 74-106; s. 8, ch. 75-220; s. 15, ch. 2001-226; s. 5, ch. 2007-74; s. 2, ch. 2011-183.Note.—Created from former s. 731.23.
FL Stat § 732.103 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part I - Intestate Succession (Ss. 732.101-732.111)|732.103 - Share of other heirs.

732.103 Share of other heirs.—The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:(1) To the descendants of the decedent.(2) If there is no descendant, to the decedent’s father and mother equally, or to the survivor of them.(3) If there is none of the foregoing, to the decedent’s brothers and sisters and the descendants of deceased brothers and sisters.(4) If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent’s paternal, and the other half to the decedent’s maternal, kindred in the following order:(a) To the grandfather and grandmother equally, or to the survivor of them.(b) If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent.(c) If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above.(5) If there is no kindred of either part, the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate.(6) If none of the foregoing, and if any of the descendants of the decedent’s great-grandparents were Holocaust victims as defined in s. 626.9543(3)(a), including such victims in countries cooperating with the discriminatory policies of Nazi Germany, then to the descendants of the great-grandparents. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. This subsection only applies to escheated property and shall cease to be effective for proceedings filed after December 31, 2004.History.—s. 1, ch. 74-106; s. 8, ch. 75-220; s. 1, ch. 77-174; s. 16, ch. 2001-226; s. 145, ch. 2004-390; s. 102, ch. 2006-1; s. 6, ch. 2007-74.Note.—Created from former s. 731.23.
FL Stat § 732.104 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part I - Intestate Succession (Ss. 732.101-732.111)|732.104 - Inheritance per stirpes.

732.104 Inheritance per stirpes.—Descent shall be per stirpes, whether to descendants or to collateral heirs.History.—s. 1, ch. 74-106; s. 9, ch. 75-220; s. 7, ch. 2007-74.Note.—Created from former s. 731.25.
FL Stat § 732.105 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part I - Intestate Succession (Ss. 732.101-732.111)|732.105 - Half blood.

732.105 Half blood.—When property descends to the collateral kindred of the intestate and part of the collateral kindred are of the whole blood to the intestate and the other part of the half blood, those of the half blood shall inherit only half as much as those of the whole blood; but if all are of the half blood they shall have whole parts.History.—s. 1, ch. 74-106; s. 10, ch. 75-220.Note.—Created from former s. 731.24.