reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part I - Child Labor (Ss. 450.001-450.165) › 450.165 - Child labor law and farm labor accounts.

450.165 Child labor law and farm labor accounts.—The department shall maintain separate accounts in the Professional Regulation Trust Fund for child labor law enforcement and administration activities and for farm labor registration activities. The department shall account for the expenditure of moneys received from the Workers’ Compensation Administration Trust Fund of the Department of Financial Services. To the maximum extent possible, the department shall directly charge all expenses to the appropriate account.
History.—s. 26, ch. 2004-234.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part II - Migrant Labor (Ss. 450.175-450.261) › 450.181 - Definitions.

450.181 Definitions.—As used in part II, unless the context clearly requires a different meaning:
(1) “Migrant labor camp” means those migrant labor camps as defined in s. 381.008(5).
(2) “Office” means the Executive Office of the Governor.
(3) The term “migrant laborer” has the same meaning as migrant or seasonal farm worker as defined in s. 316.003.
History.—s. 18, ch. 69-106; s. 155, ch. 77-104; s. 140, ch. 79-190; s. 26, ch. 95-144; s. 7, ch. 2006-81; s. 78, ch. 2016-239.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part II - Migrant Labor (Ss. 450.175-450.261) › 450.191 - Executive Office of the Governor; powers and duties.

450.191 Executive Office of the Governor; powers and duties.—
(1) The Executive Office of the Governor is authorized and directed to:
(a) Advise and consult with migrant and seasonal workers and their employers as to the ways and means of improving living and working conditions of migrant and seasonal workers.
(b) Cooperate with the Department of Health in establishing minimum standards of preventive and curative health and of housing and sanitation in migrant labor camps and in making surveys to determine the adequacy of preventive and curative health services available to occupants of migrant labor camps.
(c) Provide coordination for the enforcement of ss. 381.008-381.0088 and ss. 450.27-450.38.
(d) Cooperate with the Department of Business and Professional Regulation in coordinating and enforcing all applicable labor laws, including, but not limited to, those relating to private employment agencies, child labor, wage payments, wage claims, and farm labor contractors.
(e) Cooperate with the Department of Education to provide educational facilities for the children of migrant laborers.
(f) Cooperate with the Department of Highway Safety and Motor Vehicles to establish minimum standards for the transporting of migrant laborers.
(g) Cooperate with the Department of Agriculture and Consumer Services to conduct an education program for employers of migrant laborers pertaining to the standards, methods, and objectives of the office.
(h) Cooperate with the Department of Children and Families in coordinating all public assistance programs as they may apply to migrant laborers.
(i) Coordinate all federal, state, and local programs pertaining to migrant laborers.
(j) Cooperate with the Department of Economic Opportunity in the recruitment and referral of migrant laborers and other persons for the planting, cultivation, and harvesting of agricultural crops in Florida.
(2) The office shall arrange, through the Department of Health, for the provision of the supplementary services set forth in paragraph (1)(b) to the extent of available appropriations. Such services may be provided through the use of one or more traveling dispensaries, or by contract with physicians, dentists, hospitals, or clinics, or in such manner as may be recommended by the Department of Health.
History.—s. 18, ch. 69-106; s. 155, ch. 77-104; s. 141, ch. 79-190; s. 40, ch. 81-169; s. 54, ch. 91-297; s. 218, ch. 99-8; s. 142, ch. 2000-165; s. 62, ch. 2002-194; s. 6, ch. 2004-64; s. 401, ch. 2011-142; s. 267, ch. 2014-19.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part II - Migrant Labor (Ss. 450.175-450.261) › 450.261 - Interstate Migrant Labor Commission; Florida membership.

450.261 Interstate Migrant Labor Commission; Florida membership.—In selecting the Florida membership of the Interstate Migrant Labor Commission, the Governor may designate the Secretary of Economic Opportunity as his or her representative.
History.—s. 7, ch. 70-131; s. 75, ch. 81-167; s. 78, ch. 83-55; s. 174, ch. 97-103; s. 35, ch. 2011-34; s. 394, ch. 2011-142; s. 75, ch. 2012-96; s. 52, ch. 2021-25.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part III - Farm Labor Contractor Registration (Ss. 450.27-450.39) › 450.27 - Short title.

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450.27 Short title.—This part shall be known by the popular name the “Farm Labor Contractor Registration Law.”
History.—s. 1, ch. 71-234; s. 1, ch. 77-25; s. 9, ch. 2004-64.
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Note.—Section 1, ch. 77-25, provides that this section is repealed when an agreement is made as permitted in ss. 2-4, ch. 77-25; ss. 2-4, ch. 77-25, were amended by s. 1, ch. 85-243.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part III - Farm Labor Contractor Registration (Ss. 450.27-450.39) › 450.271 - State administration of the Migrant and Seasonal Agricultural Worker Protection Act.

450.271 State administration of the Migrant and Seasonal Agricultural Worker Protection Act.—The Department of Business and Professional Regulation may enter into agreements with the Secretary of Labor of the United States to authorize the department to administer within the State of Florida the provisions of the Migrant and Seasonal Agricultural Worker Protection Act of 1983, as amended.
History.—s. 2, ch. 77-25; s. 43, ch. 79-7; s. 45, ch. 83-174; s. 1, ch. 85-243; s. 10, ch. 2004-64.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part III - Farm Labor Contractor Registration (Ss. 450.27-450.39) › 450.28 - Definitions.

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450.28 Definitions.—
(1) “Farm labor contractor” means:
(a) Any person who, for a fee or other valuable consideration, recruits, transports into or within the state, supplies, or hires at any one time in any calendar year one or more farm workers to work for, or under the direction, supervision, or control of, a third person; or
(b) Any person who recruits, transports into or within the state, supplies, or hires at any one time in any calendar year one or more farm workers and who, for a fee or other valuable consideration, directs, supervises, or controls all or any part of the work of such workers.
(2) “Department” means the Department of Business and Professional Regulation.
(3) “Carpool” means an arrangement made by the workers using one worker’s own vehicle for transportation to and from work and for which the driver or owner of the vehicle is not paid by any third person other than the members of the carpool.
(4) “Immediate family member” means a person having one of the following relationships to another: husband, wife, father, mother, son, or daughter.
(5) “Minor violation” means a violation of a specific state or federal law or rule that does not result in economic or physical harm to any person recruited, transported, supplied, or hired by a farm labor contractor or create a significant threat of such harm.
(6) “Major violation” means a violation of a specific state or federal law or rule that results in economic or physical harm to any person recruited, transported, supplied, or hired by a farm labor contractor or creates a significant threat of such harm.
(7) “Timely application for renewal” means the application for a federal certificate of registration as a farm labor contractor, or a farm labor contractor employee, is filed, as defined by federal law, with the United States Department of Labor at least 30 days before its expiration date.
History.—s. 2, ch. 71-234; s. 1, ch. 77-25; s. 156, ch. 77-104; s. 44, ch. 79-7; s. 1, ch. 83-42; s. 41, ch. 83-174; s. 2, ch. 85-243; s. 30, ch. 95-345; s. 143, ch. 2000-165; s. 63, ch. 2002-194; s. 11, ch. 2004-64; s. 8, ch. 2006-81; s. 1, ch. 2010-124.
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Note.—Section 1, ch. 77-25, provides that this section is repealed when an agreement is made as permitted in ss. 2-4, ch. 77-25; ss. 2-4, ch. 77-25, were amended by s. 1, ch. 85-243.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part III - Farm Labor Contractor Registration (Ss. 450.27-450.39) › 450.29 - Exclusions.

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450.29 Exclusions.—This part does not apply to:
(1) Any person, or an immediate family member of such person, who is the owner or lessee of a farm or any person, or an immediate family member of such person, who is the owner or lessee of a packinghouse or food processing plant and who employs workers in planting, cultivating, harvesting, or preparing agricultural products for delivery to such packinghouse or food processing plant.
(2) Any person who transports workers solely by means of a carpool.
(3) Any employee of an individual covered in subsection (1) who performs activities solely on the behalf of that employer and is not an independent contractor.
History.—s. 3, ch. 71-234; s. 1, ch. 77-25; s. 3, ch. 85-243; s. 1, ch. 90-245; s. 18, ch. 91-147.
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Note.—Section 1, ch. 77-25, provides that this section is repealed when an agreement is made as permitted in ss. 2-4, ch. 77-25; ss. 2-4, ch. 77-25, were amended by s. 1, ch. 85-243.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part III - Farm Labor Contractor Registration (Ss. 450.27-450.39) › 450.30 - Requirement of certificate of registration; education and examination program.

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450.30 Requirement of certificate of registration; education and examination program.—
(1) No person may act as a farm labor contractor until a certificate of registration has been issued to him or her by the department and unless such certificate is in full force and effect and is in his or her possession.
(2) No certificate of registration may be transferred or assigned.
(3) Unless sooner revoked, each certificate of registration, regardless of the date of issuance, shall be renewed on the last day of the birth month following the date of issuance and, thereafter, each year on the last day of the birth month of the registrant. The date of incorporation shall be used in lieu of birthdate for registrants that are corporations. Applications for certificates of registration and renewal thereof shall be on a form prescribed by the department.
(4) The department shall provide a program of education and examination for applicants under this part. The program may be provided by the department or through a contracted agent. The program shall be designed to ensure the competency of those persons to whom the department issues certificates of registration.
(5) The department shall require each applicant to demonstrate competence by a written or oral examination in the language of the applicant, evidencing that he or she is knowledgeable concerning the duties and responsibilities of a farm labor contractor. The examination shall be prepared, administered, and evaluated by the department or through a contracted agent.
(6) The department shall require an applicant for renewal of a certificate of registration to retake the examination only if:
(a) During the prior certification period, the department issued a final order assessing a civil monetary penalty for a major violation of this part or revoked or refused to renew or issue a certificate of registration; or
(b) The department determines that new requirements related to the duties and responsibilities of a farm labor contractor necessitate a new examination.
(7) The department shall charge each applicant a $35 fee for the education and examination program. Such fees shall be deposited in the Professional Regulation Trust Fund.
(8) The department may adopt rules prescribing the procedures to be followed to register as a farm labor contractor.
History.—s. 4, ch. 71-234; s. 2, ch. 71-977; s. 1, ch. 77-25; s. 2, ch. 83-42; s. 4, ch. 85-243; s. 2, ch. 90-245; s. 18, ch. 91-147; s. 1, ch. 94-179; s. 175, ch. 97-103; s. 11, ch. 98-149; s. 144, ch. 2000-165; s. 12, ch. 2004-64; s. 27, ch. 2004-234.
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Note.—Section 1, ch. 77-25, provides that this section is repealed when an agreement is made as permitted in ss. 2-4, ch. 77-25; ss. 2-4, ch. 77-25, were amended by s. 1, ch. 85-243.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part III - Farm Labor Contractor Registration (Ss. 450.27-450.39) › 450.321 - Best practices incentive program for farm labor contractors.

450.321 Best practices incentive program for farm labor contractors.—
(1) To promote compliance with this part, and to help the public identify farm labor contractors who have demonstrated a firm commitment to responsible and safe labor practices, the department shall develop and implement a best practices incentive program for farm labor contractors.
(2) Farm labor contractors who seek designation as a best practices farm labor contractor must meet the requirements set by the department. A farm labor contractor may not transfer or use without authorization a designation as a best practices farm labor contractor.
(3) The department may enter into a partnership agreement with a farm labor contractor that states the responsibilities of each party to the agreement regarding the requirements to receive and maintain a best practices designation. Recipients of a designation as a best practices farm labor contractor may use this designation when soliciting business as long as the designation is in effect.
(4) A designation as a best practices farm labor contractor may be revoked when the department determines that the recipient has failed to comply with a requirement established pursuant to subsection (2). When a designation is revoked, the prior recipient shall cease all use of the best practices farm labor contractor designation when soliciting business.
(5) The grant of a designation as a best practices farm labor contractor is not an endorsement of the recipient by the department and may not be characterized as such.
(6) The department may not be held liable in a civil action for damages resulting from the granting, denying, suspending, or revoking of a designation as a best practices farm labor contractor.
(7) The department shall establish an incentive program for farm labor contractors who hold a valid best practices designation.
History.—s. 14, ch. 2004-64.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part III - Farm Labor Contractor Registration (Ss. 450.27-450.39) › 450.34 - Prohibited acts of farm labor contractor.

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450.34 Prohibited acts of farm labor contractor.—A licensee may not:
(1) Make any misrepresentation or false statement in his or her application for a certificate of registration.
(2) Make or cause to be made to any person any false, fraudulent, or misleading representation or publish or circulate or cause to be published or circulated any false, fraudulent, or misleading information concerning the terms, conditions, or existence of employment at any place or places, by any person or persons, or of any individual or individuals.
(3) Make any charge or deduction from wages for any tools, equipment, transportation, or recruiting fees that are for the benefit of the employer unless in compliance with the federal Fair Labor Standards Act.
(4) Retaliate against any person that has filed a complaint or aided an investigation pursuant to this part.
(5) Contract with or employ any person acting in the capacity of a farm labor contractor, or performing activities defined in s. 450.28(1), when that person does not have a current certificate of registration issued by the department pursuant to the requirements of this part.
History.—s. 8, ch. 71-234; s. 1, ch. 77-25; ss. 2, 3, ch. 87-551; s. 30, ch. 92-173; s. 177, ch. 97-103; s. 1, ch. 2002-161; s. 16, ch. 2004-64.
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Note.—Section 1, ch. 77-25, provides that this section is repealed when an agreement is made as permitted in ss. 2-4, ch. 77-25; ss. 2-4, ch. 77-25, were amended by s. 1, ch. 85-243.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part III - Farm Labor Contractor Registration (Ss. 450.27-450.39) › 450.35 - Certain contracts or employment prohibited.

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450.35 Certain contracts or employment prohibited.—It is unlawful for any person to contract with or employ any farm labor contractor as defined in this act, for matters relating to farm labor, until the labor contractor displays to him or her a current certificate of registration issued by the department pursuant to the requirements of this part. A violation of this section is subject to the penalties provided for violations in s. 450.38(1).
History.—s. 9, ch. 71-234; s. 1, ch. 77-25; s. 6, ch. 83-42; s. 178, ch. 97-103; s. 147, ch. 2000-165; s. 17, ch. 2004-64.
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Note.—Section 1, ch. 77-25, provides that this section is repealed when an agreement is made as permitted in ss. 2-4, ch. 77-25; ss. 2-4, ch. 77-25, were amended by s. 1, ch. 85-243.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part III - Farm Labor Contractor Registration (Ss. 450.27-450.39) › 450.36 - Rules and regulations.

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450.36 Rules and regulations.—The department may adopt rules necessary to enforce and administer this part.
History.—s. 10, ch. 71-234; s. 1, ch. 77-25; s. 7, ch. 83-42; s. 148, ch. 2000-165.
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Note.—Section 1, ch. 77-25, provides that this section is repealed when an agreement is made as permitted in ss. 2-4, ch. 77-25; ss. 2-4, ch. 77-25, were amended by s. 1, ch. 85-243.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part III - Farm Labor Contractor Registration (Ss. 450.27-450.39) › 450.37 - Cooperation with state and federal agencies.

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450.37 Cooperation with state and federal agencies.—The department shall, whenever appropriate, cooperate with any federal agency. The department may cooperate with and enter into agreements with any other state agency to administer this chapter or secure uniform rules.
History.—s. 11, ch. 71-234; s. 1, ch. 77-25; s. 8, ch. 83-42; s. 149, ch. 2000-165; s. 18, ch. 2004-64.
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Note.—Section 1, ch. 77-25, provides that this section is repealed when an agreement is made as permitted in ss. 2-4, ch. 77-25; ss. 2-4, ch. 77-25, were amended by s. 1, ch. 85-243.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part III - Farm Labor Contractor Registration (Ss. 450.27-450.39) › 450.39 - Prohibition against required purchase; prohibition against excessive charges.

450.39 Prohibition against required purchase; prohibition against excessive charges.—
(1) A farm labor contractor may not require any farmworker to purchase goods or services solely from such farm labor contractor or from a person acting as an agent for such farm labor contractor.
(2) A farm labor contractor may not charge a farmworker more than a reasonable cost for any commodity, including housing, food, water, or other consumables, in accordance with 29 C.F.R. s. 531.3. As used in this subsection, the term “reasonable cost” does not include a profit to the farm labor contractor or to any other person acting as an agent for the farm labor contractor.
History.—s. 20, ch. 2004-64.
2023 Florida Statutes › Title XXXI - Labor › Chapter 451 - Marketplace Contractors › 451.01 - Definitions.

451.01 Definitions.—For purposes of this chapter, the term:
(1) “Household services” means:
(a) Furniture assembly;
(b) Interior painting;
(c) Television mounting;
(d) Local moving help, such as packing, lifting, loading, and rearranging household items, but excluding transporting items;
(e) Hanging pictures, mirrors, curtains, blinds, and shelves;
(f) Home cleaning;
(g) Installation of in-home technology that does not require a hardwired electrical connection; or
(h) Installing or replacing door hardware.
Household services do not include services that require licensure under chapter 489.
(2) “Marketplace contractor” means any individual who:
(a) Enters into an agreement with a marketplace platform to use the platform’s technology application to connect with third-party individuals or entities seeking temporary household services.
(b) In return for compensation, offers or provides temporary household services to third-party individuals or entities through the marketplace platform’s technology application.
(3) “Marketplace platform” or “platform” means an entity operating in this state which:
(a) Offers an online-enabled technology application service, website, or system that enables marketplace contractors to provide services to third-party individuals or entities seeking such temporary household services.
(b) Accepts service requests from the public only through its online-enabled technology application service, website, or system.
History.—s. 50, ch. 2018-118.
2023 Florida Statutes › Title XXXI - Labor › Chapter 451 - Marketplace Contractors › 451.02 - Marketplace Contractors.

451.02 Marketplace contractors.—
(1) A marketplace contractor must be treated as an independent contractor, and not as an employee, of the marketplace platform for all purposes under state and local laws, regulations, and ordinances, including, but not limited to, chapters 440 and 443, if all of the following conditions are met:
(a) The marketplace platform does not unilaterally prescribe specific hours during which the marketplace contractor must be available to accept service requests submitted through the platform from third-party individuals or entities.
(b) The marketplace platform does not prohibit the marketplace contractor from using the technology application offered by other marketplace platforms.
(c) The marketplace platform does not restrict the contractor from engaging in any other occupation or business.
(d) The marketplace platform and marketplace contractor agree in writing that the marketplace contractor is an independent contractor with respect to the marketplace platform.
(e) The marketplace contractor bears all or substantially all of the marketplace contractor’s expenses incurred by the marketplace contractor in performing the services.
(f) The marketplace contractor is responsible for paying taxes on the marketplace contractor’s income.
(2) Subsection (1) applies to services performed by a marketplace contractor before July 1, 2018, if the conditions set forth in subsection (1) were satisfied when the services were performed.
(3) Compliance with subsection (1) is not mandatory to establish the existence of an independent contractor relationship. The exclusion of any person or service from this section does not create any presumption and is not admissible to deny the existence of an independent contractor relationship.
(4) Third-party individuals or entities seeking services through the marketplace platform and marketplace contractors must comply with chapter 440 in the same manner as if they had not connected through the marketplace platform.
(5) This section does not apply to:
(a) Services performed in the employ of the state, a political subdivision of the state, an Indian tribe, an instrumentality of a state, or any political subdivision of a state or an Indian tribe which is wholly owned by one or more states, political subdivisions, or Indian tribes, respectively, provided that such service is excluded from employment as defined in s. 3306 of the Federal Unemployment Tax Act.
(b) Services performed in the employ of a religious, charitable, educational, or other organization which is excluded from employment as defined in ss. 3301-3311 of the Federal Unemployment Tax Act, solely by reason of s. 3306(c)(8) of the act.
History.—s. 50, ch. 2018-118.
2023 Florida Statutes › Title XXXI - Labor › Chapter 452 - Bonds of Employees of Common Carriers › 452.01 - Common Carrier Not to Require Employee to Furnish Surety Bond of Certain Company.

452.01 Common carrier not to require employee to furnish surety bond of certain company.—No common carrier authorized to do business in this state, when requiring of an employee that he or she give it a bond or undertaking of any nature whatsoever, shall require such employee to have such bond or undertaking executed as a surety by any particular person, or by any one or more of any number of such persons, named by such common carrier; and no such common carrier shall reject any such bond or undertaking for any reason other than the financial insufficiency of such bond or undertaking.
History.—s. 1, ch. 6519, 1913; RGS 4041; CGL 5963; s. 179, ch. 97-103.
2023 Florida Statutes › Title XXXI - Labor › Chapter 452 - Bonds of Employees of Common Carriers › 452.02 - Foreign Corporations as Surety.

452.02 Foreign corporations as surety.—No common carrier authorized to do business in this state, when requiring of any employee that he or she give it a bond or undertaking of any nature whatsoever, shall require as surety thereon any person not a resident of this state; nor shall such common carrier accept as such surety any company, corporation, or association unless the same is a corporation duly organized under the laws of Florida, or who shall have designated an agent residing within this state upon whom service of legal process against it may be had as provided by law for foreign corporations doing business in this state, and shall also have in this state a general office where it shall require that every such bond or undertaking shall be approved, and canceled, and where a complete record thereof shall be kept.
History.—s. 2, ch. 6519, 1913; RGS 4042; CGL 5964; s. 180, ch. 97-103.
2023 Florida Statutes › Title XXXI - Labor › Chapter 452 - Bonds of Employees of Common Carriers › 452.03 - Bond to Cover Definite Term; Cancellation; Proviso.

452.03 Bond to cover definite term; cancellation; proviso.—Every bond or undertaking of any nature whatsoever given by an employee of any common carrier authorized to do business in this state shall be made to cover a definite term; and no such bond or undertaking shall be canceled without the consent of all parties thereto, except for a breach of one or more of the conditions thereof. Any such employee who shall have given any such bond or undertaking may, upon breach of any of the conditions thereof by the other party thereto, cancel the same by giving the surety or sureties thereon and the common carrier for the benefit of whom the same shall have been made, at least 10 days’ notice in writing, setting out in full the reason for canceling the same, said notice to be signed by such employee and sworn to by him or her in this state before any officer authorized to administer oaths. Any such notice to a company, corporation, or association may be served by leaving the same with any person upon whom service of legal process upon such company, corporation, or association may be had. Any surety of any such bond or undertaking may, upon the breach of any of the conditions thereof by the common carrier and employee for whom the same shall have been made, cancel the same by giving such employee at least 10 days’ notice in writing, setting out in full the reason for canceling the same, the said notice to be signed by an agent or manager of such surety, then a resident of this state and then authorized to approve or disapprove similar bonds or undertakings for such surety, and to be sworn to by the person signing the same in this state before an officer authorized to administer oaths; provided, that nothing herein shall affect any right of action accruing to any person upon the breach of a contract.
History.—s. 3, ch. 6519, 1913; RGS 4043; CGL 5965; s. 181, ch. 97-103.
2023 Florida Statutes › Title XXXI - Labor › Chapter 452 - Bonds of Employees of Common Carriers › 452.04 - Bonds Violating Chapter Void.

452.04 Bonds violating chapter void.—Any bond, contract, or undertaking made in violation of the provisions of this chapter shall be void.
History.—s. 4, ch. 6519, 1913; RGS 4044; CGL 5966.
2023 Florida Statutes › Title XXXI - Labor › Chapter 452 - Bonds of Employees of Common Carriers › 452.05 - Violation of Regulations as to Employment Bonds; Penalty.

452.05 Violation of regulations as to employment bonds; penalty.—Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 4, ch. 6519, 1913; RGS 5672; CGL 7877; s. 382, ch. 71-136.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 454 - Attorneys at Law › 454.021 - Attorneys; Admission to Practice Law; Supreme Court to Govern and Regulate.

454.021 Attorneys; admission to practice law; Supreme Court to govern and regulate.—
(1) Admissions of attorneys and counselors to practice law in the state is hereby declared to be a judicial function.
(2) The Supreme Court of Florida, being the highest court of said state, is the proper court to govern and regulate admissions of attorneys and counselors to practice law in said state.
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(3) Upon certification by the Florida Board of Bar Examiners that an applicant who is an unauthorized immigrant who was brought to the United States as a minor; has been present in the United States for more than 10 years; has received documented employment authorization from the United States Citizenship and Immigration Services (USCIS); has been issued a social security number; if a male, has registered with the Selective Service System if required to do so under the Military Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all requirements for admission to practice law in this state, the Supreme Court of Florida may admit that applicant as an attorney at law authorized to practice in this state and may direct an order be entered upon the court’s records to that effect.
History.—ss. 1, 2, 7, ch. 29796, 1955; s. 10, ch. 61-530; s. 3, ch. 2014-35; s. 8, ch. 2023-40.
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Note.—
A. Section 8, ch. 2023-40, deleted subsection (3), effective November 1, 2028.
B. Section 9, ch. 2023-40, provides that “[t]he repeal of s. 454.021(3), Florida Statutes, by this act does not affect the validity of any license to practice law issued pursuant to that subsection before November 1, 2028.”
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 454 - Attorneys at Law › 454.026 - Authority of Department of Law Enforcement to Accept Fingerprints Of, and Exchange Criminal History Records With Respect To, Bar Applicants.

454.026 Authority of Department of Law Enforcement to accept fingerprints of, and exchange criminal history records with respect to, bar applicants.—The Department of Law Enforcement is authorized to accept fingerprints of applicants for admission to The Florida Bar and, to the extent provided for by federal law, to exchange state, multistate, and federal criminal history records with the Florida Board of Bar Examiners for licensing purposes.
History.—s. 1, ch. 83-199.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 454 - Attorneys at Law › 454.11 - Powers of Attorneys.

454.11 Powers of attorneys.—Every attorney duly admitted or authorized to practice in this state shall have the right to appear before any court of the state, or any public board, committee, or officer in the interest of any client, and may appear as amicus curiae when so permitted. All attorneys shall be deemed officers of the court for the administration of justice, and amenable to the rules and discipline of the court in all matters of order or procedure not in conflict with the constitution or laws of this state.
History.—s. 11, ch. 10175, 1925; CGL 4189; s. 7, ch. 22858, 1945.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 454 - Attorneys at Law › 454.17 - Attorneys May Administer Oaths in Open Court.

454.17 Attorneys may administer oaths in open court.—Attorneys authorized to practice law in this state may administer oaths in open court, in the presence of the presiding judge or justice thereof, and any person swearing falsely under an oath so administered shall be liable to the penalty prescribed for perjury.
History.—s. 17, ch. 10175, 1925; CGL 4195.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 454 - Attorneys at Law › 454.18 - Officers Not Allowed to Practice.

454.18 Officers not allowed to practice.—No sheriff or clerk of any court, or full-time deputy thereof, shall practice in this state, nor shall any person not of good moral character, or who has been convicted of an infamous crime be entitled to practice. A person may not be denied the right to practice on account of sex, race, or color. And any person, whether an attorney or not, or whether within the exceptions mentioned above or not, may conduct his or her own cause in any court of this state, or before any public board, committee, or officer, subject to the lawful rules and discipline of such court, board, committee, or officer. The provisions of this section restricting the practice of law by a sheriff or clerk, or full-time deputy thereof, do not apply in a case where such person is representing the office or agency in the course of his or her duties as an attorney.
History.—s. 18, ch. 10175, 1925; CGL 4196; s. 54, ch. 91-137; s. 182, ch. 97-103; s. 1, ch. 2007-166.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 454 - Attorneys at Law › 454.19 - Certain Partnerships Prohibited.

454.19 Certain partnerships prohibited.—No judge of a court of this state who is permitted by the constitution and laws to practice law shall form any partnership with the prosecuting attorney of such court or become a partner in any firm in which he or she is a partner. No attorney who may be a law partner with any judge of any court who is permitted by law to practice law shall be allowed to practice before the court of which his or her partner is judge.
History.—s. 19, ch. 10175, 1925; CGL 4197; s. 1, ch. 77-119; s. 183, ch. 97-103.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 454 - Attorneys at Law › 454.20 - Attorneys Not to Be Sureties.

454.20 Attorneys not to be sureties.—No attorney shall become surety on the official bond of any state, county, or municipal officer of this state, nor surety on any bond of a client in judicial proceedings.
History.—s. 20, ch. 10175, 1925; CGL 4198.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 454 - Attorneys at Law › 454.23 - Penalties.

454.23 Penalties.—Any person not licensed or otherwise authorized to practice law in this state who practices law in this state or holds himself or herself out to the public as qualified to practice law in this state, or who willfully pretends to be, or willfully takes or uses any name, title, addition, or description implying that he or she is qualified, or recognized by law as qualified, to practice law in this state, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 21, ch. 10175, 1925; CGL 8133; s. 384, ch. 71-136; s. 1, ch. 74-128; s. 184, ch. 97-103; s. 1, ch. 2004-287.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 454 - Attorneys at Law › 454.31 - Practice While Disbarred or Suspended Prohibited.

454.31 Practice while disbarred or suspended prohibited.—Any person who has been knowingly disbarred and who has not been lawfully reinstated or is knowingly under suspension from the practice of law by any circuit court of the state or by the Supreme Court of the state who practices law in this state or holds himself or herself out as an attorney at law or qualified to practice law in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 18006, 1937; CGL 1940 Supp. 8133(2); s. 385, ch. 71-136; s. 185, ch. 97-103; s. 2, ch. 2004-287.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 454 - Attorneys at Law › 454.32 - Aiding or Assisting Disbarred or Suspended Attorney Prohibited.

454.32 Aiding or assisting disbarred or suspended attorney prohibited.—A person who knowingly aids or assists any person in carrying on the unauthorized practice of law, knowing that such person has been disbarred and has not been lawfully reinstated or is under suspension from the practice of law by any circuit court of the state or by the Supreme Court of the state, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and shall also be subject to disbarment.
History.—s. 2, ch. 18006, 1937; CGL 1940 Supp. 8133(3); s. 386, ch. 71-136; s. 3, ch. 2004-287.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 455 - Business and Professional Regulation: General Provisions › 455.01 - Definitions.

455.01 Definitions.—As used in this chapter, the term:
(1) “Board” means any board or commission, or other statutorily created entity to the extent such entity is authorized to exercise regulatory or rulemaking functions, within the department, including the Florida Real Estate Commission; except that, for ss. 455.201-455.245, “board” means only a board, or other statutorily created entity to the extent such entity is authorized to exercise regulatory or rulemaking functions, within the Division of Certified Public Accounting, the Division of Professions, or the Division of Real Estate.
(2) “Consumer member” means a person appointed to serve on a specific board or who has served on a specific board, who is not, and never has been, a member or practitioner of the profession, or of any closely related profession, regulated by such board.
(3) “Department” means the Department of Business and Professional Regulation.
(4) “License” means any permit, registration, certificate, or license issued by the department.
(5) “Licensee” means any person issued a permit, registration, certificate, or license by the department.
(6) “Profession” means any activity, occupation, profession, or vocation regulated by the department in the Divisions of Certified Public Accounting, Professions, Real Estate, and Regulation.
History.—s. 1, ch. 21885, 1943; s. 1, ch. 28215, 1953; s. 12, ch. 63-195; s. 2, ch. 65-170; s. 27, ch. 67-248; s. 3, ch. 67-409; s. 1, ch. 67-596; s. 121, ch. 71-355; s. 122, ch. 73-333; s. 5, ch. 79-36; s. 123, ch. 79-164; s. 2, ch. 84-70; s. 9, ch. 91-220; s. 4, ch. 92-149; s. 5, ch. 93-220; s. 1, ch. 96-291; s. 3, ch. 97-261; s. 109, ch. 2000-153; s. 23, ch. 2000-160.
Note.—Former s. 485.01.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 455 - Business and Professional Regulation: General Provisions › 455.017 - Applicability of This Chapter.

455.017 Applicability of this chapter.— This chapter applies only to the regulation of professions by the department.
History.—s. 60, ch. 94-218; s. 4, ch. 2010-106.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 455 - Business and Professional Regulation: General Provisions › 455.10 - Restriction on Requirement of Citizenship.

455.10 Restriction on requirement of citizenship.—No person shall be disqualified from practicing an occupation or profession regulated by the state solely because he or she is not a United States citizen.
History.—ss. 1, 2, 3, ch. 72-125; s. 1, ch. 74-37; s. 1, ch. 77-174; s. 5, ch. 79-36; s. 187, ch. 97-103.
Note.—Former s. 455.012.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 455 - Business and Professional Regulation: General Provisions › 455.11 - Qualification of Immigrants for Examination to Practice a Licensed Profession or Occupation.

455.11 Qualification of immigrants for examination to practice a licensed profession or occupation.—
(1) It is the declared purpose of this section to encourage the use of foreign-speaking Florida residents duly qualified to become actively qualified in their professions so that all Florida citizens may receive better services.
(2) Any person who has successfully completed, or is currently enrolled in, an approved course of study created pursuant to chapters 74-105 and 75-177, Laws of Florida, shall be deemed qualified for examination and reexaminations for a professional or occupational license which shall be administered in the English language unless 15 or more such applicants request that said reexamination be administered in their native language. In the event that such reexamination is administered in a foreign language, the full cost to the board of preparing and administering same shall be borne by said applicants.
(3) Each board within the department shall adopt and implement programs designed to qualify for examination all persons who were resident nationals of the Republic of Cuba and who, on July 1, 1977, were residents of this state.
History.—ss. 1, 3, ch. 77-255; s. 5, ch. 79-36; s. 194, ch. 79-400; s. 5, ch. 92-149; s. 61, ch. 94-218.
Note.—Former s. 455.016.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 455 - Business and Professional Regulation: General Provisions › 455.116 - Regulation Trust Funds.

455.116 Regulation trust funds.—The following trust funds shall be placed in the department:
(1) Administrative Trust Fund.
(2) Alcoholic Beverage and Tobacco Trust Fund.
(3) Cigarette Tax Collection Trust Fund.
(4) Hotel and Restaurant Trust Fund.
(5) Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.
(6) Professional Regulation Trust Fund.
History.—s. 8, ch. 93-220; s. 44, ch. 96-418; s. 22, ch. 2008-240; s. 1, ch. 2011-30; s. 2, ch. 2012-143; s. 4, ch. 2022-179.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 455 - Business and Professional Regulation: General Provisions › 455.1165 - Federal Grants Trust Fund.

455.1165 Federal Grants Trust Fund.—
(1) The Federal Grants Trust Fund is created within the Department of Business and Professional Regulation.
(2) The trust fund is established for use as a depository for funds to be used for allowable grant activities funded by restricted program revenues from federal sources. Moneys to be credited to the trust fund shall consist of grants and funding from the Federal Government, interest earnings, and cash advances from other trust funds. Funds shall be expended only pursuant to legislative appropriation or an approved amendment to the department’s operating budget pursuant to the provisions of chapter 216.
History.—s. 1, ch. 2011-60; s. 2, ch. 2014-44.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 455 - Business and Professional Regulation: General Provisions › 455.117 - Sale of Services and Information by Department.

455.117 Sale of services and information by department.—The department may provide, directly or by contract, services and information to other levels of government and private entities.
History.—s. 9, ch. 93-220.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 455 - Business and Professional Regulation: General Provisions › 455.201 - Professions and Occupations Regulated by Department; Legislative Intent; Requirements.

455.201 Professions and occupations regulated by department; legislative intent; requirements.—
(1) It is the intent of the Legislature that persons desiring to engage in any lawful profession regulated by the department shall be entitled to do so as a matter of right if otherwise qualified.
(2) The Legislature further believes that such professions shall be regulated only for the preservation of the health, safety, and welfare of the public under the police powers of the state. Such professions shall be regulated when:
(a) Their unregulated practice can harm or endanger the health, safety, and welfare of the public, and when the potential for such harm is recognizable and clearly outweighs any anticompetitive impact which may result from regulation.
(b) The public is not effectively protected by other means, including, but not limited to, other state statutes, local ordinances, or federal legislation.
(c) Less restrictive means of regulation are not available.
(3) It is further legislative intent that the use of the term “profession” with respect to those activities licensed and regulated by the department shall not be deemed to mean that such activities are not occupations for other purposes in state or federal law.
(4)(a) Neither the department nor any board may create unreasonably restrictive and extraordinary standards that deter qualified persons from entering the various professions. Neither the department nor any board may take any action that tends to create or maintain an economic condition that unreasonably restricts competition, except as specifically provided by law.
(b) Neither the department nor any board may create a regulation that has an unreasonable effect on job creation or job retention in the state or that places unreasonable restrictions on the ability of individuals who seek to practice or who are practicing a given profession or occupation to find employment.
(c) The Legislature shall evaluate proposals to increase regulation of already regulated professions or occupations to determine their effect on job creation or retention and employment opportunities.
(5) Policies adopted by the department shall ensure that all expenditures are made in the most cost-effective manner to maximize competition, minimize licensure costs, and maximize public access to meetings conducted for the purpose of professional regulation. The long-range planning function of the department shall be implemented to facilitate effective operations and to eliminate inefficiencies.
History.—s. 1, ch. 76-28; s. 5, ch. 79-36; s. 122, ch. 79-164; s. 3, ch. 82-1; s. 79, ch. 83-218; s. 36, ch. 92-33; s. 6, ch. 92-149; s. 20, ch. 93-129; s. 62, ch. 94-218; s. 134, ch. 99-251.
Note.—Former s. 455.001.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 455 - Business and Professional Regulation: General Provisions › 455.2035 - Rulemaking Authority for Professions Not Under a Board.

455.2035 Rulemaking authority for professions not under a board.—The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the regulatory requirements of any profession within the department’s jurisdiction which does not have a statutorily authorized regulatory board.
History.—s. 136, ch. 99-251.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 455 - Business and Professional Regulation: General Provisions › 455.204 - Long-Range Policy Planning; Plans, Reports, and Recommendations.

455.204 Long-range policy planning; plans, reports, and recommendations.—To facilitate efficient and cost-effective regulation, the department and the board, where appropriate, shall develop and implement a long-range policy planning and monitoring process to include recommendations specific to each profession. Such process shall include estimates of revenues, expenditures, cash balances, and performance statistics for each profession. The period covered shall not be less than 5 years. The department, with input from the boards, shall develop the long-range plan and must obtain the approval of the secretary. The department shall monitor compliance with the approved long-range plan and, with input from the boards, shall annually update the plans for approval by the secretary. The department shall provide concise management reports to the boards quarterly. As part of the review process, the department shall evaluate:
(1) Whether the department, including the boards and the various functions performed by the department, is operating efficiently and effectively and if there is a need for a board or council to assist in cost-effective regulation.
(2) How and why the various professions are regulated.
(3) Whether there is a need to continue regulation, and to what degree.
(4) Whether or not consumer protection is adequate, and how it can be improved.
(5) Whether there is consistency between the various practice acts.
(6) Whether unlicensed activity is adequately enforced.
Such plans should include conclusions and recommendations on these and other issues as appropriate. Such plans shall be provided to the Governor and the Legislature by November 1 of each year.
History.—s. 8, ch. 92-149.