florida statutes 1979, volume 4c index c commercial code (cont.) statute of frauds (cont.) formal...

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c INDEX c COMMERCIAL CODE (Cont.) Secured transactions (Cont.) Sales (Cont.) Defined; sales act, 672.106 Enforcement of security interest, 679.203 Interest arising under article on sales, 679.113 Purchase money security, 679.206 Rights of creditor, 672.402 Scope of article, 679.102 Security agreements After-acquired collateral, 679.204 Enforcement of security interest, 679.203 Future advances, 679.204, 679.312 Validity, 679.313 Security instruments, filing, 679.401 Security interest Assignment, 679.302, 679.405 Attachment, 679.203, 679.204, 679.312 Conflicting, priorities, 679.304, 679.312 Consignments See: COMMERCIAL CODE subtitle Consignment Consignors, filing financing statement, 679.408 Continuity in collateral, 679.306 Decedent's estate, assignment of beneficial interest, 679.302 Enforcement, prerequisites, 679.203 Lapse, 679.403, 680.109 Lessors, filing financing statement, 679.408 Perfection Continuity, 679.303 Controlling law, exceptions, 679.103 Effect, 679.103 Filing, 679.302, 679.304, 679.401 Financing statement, filing, 679.302 Interest arising under article on sales, 679.113 Methods, procedures, 679.103, 679.302, 679.304, 679.305, 679.306 Multiple state transactions, 679.103 Nonperfection, effect, 679.103 Possession of collateral, 679.305 Prior to effective date of code, 680.109 Temporary, 679.302, 679.304 Time, conflicting security interests, 679.312 Unperfection, 679.403 Priorities, 680.109, 680.11 Proceeds, 679.306, 679.312, 679.504 Termination, 679.404 Setoff, 679.104, 679.306 Statements Account, 679.208 Assignment or release; filing, 679.407 Owner of collateral, 679.112 Statute of frauds, 671.206 Substitution of contract, 679.318 Sufficiency of description, 679.110 Surplus Accounting by secured party, 679.502, 679.504 Default, 679.502 Owner of collateral, 679.112 Taxes, expenses incurred, 679.207 Temporary perfection, security interest, 679.304 Termination statement, 679.404, 679.407 Time Attachment of security interest, after-acquired prop- erty, 679.204 Financing statement, duration of filing, 679.403 Perfection of security interest, 679.303 Title to collateral, 679.202 451 COMMERCIAL CODE (Cont.) Secured transactions (Cont.) Tort liability, 679.104, 679.317 Transfer of right, 679.311 Transmitting utility, 679.401, 679.403 Trust deeds, 679.102 United States Statutes, application, 679.104, 679.302 Unperfected security interest, 679.301 Use of goods, 679.205, 679.207 Usury laws, 679.201 Verification by secured party, statement of account or list of collateral, 679.208 Warranties, application of law, 679.206 Securities Bulk transfers, 676.103 Conflict of laws, 680.104 Investment securities See: COMMERCIAL CODE sub- title Investment securities Security Commercial paper, statement in instrument, 673.105 Defined, 678.102 Lost or destroyed documents of title, 677.601 Security interest Bills of lading, reservation of interest, 672. 401 Bulk Transfer Law, exception, 676.103 Collecting bank, 674.208 Commercial paper, taking for value, 673.303 Defined, 671.201 Intangibles See: COMMERCIAL CODE subtitle Se- cured transactions Sales See: COMMERCIAL CODE subtitle Sales Secured transactions See: COMMERCIAL CODE sub- title Secured transactions Warehouse receipts, 677. !!!09 Setoff and counterclaim Bank deposits and collections, 674.201, 674.303 Definitions, 671.201 Secured transactions, 679.104, 679.306 Severability; provisions of act, 671.108, 680.105 Severance, contract for sale of goods, 672.107 Sheriffs See: COMMERCIAL CODE subtitle Judicial sales Ships and shipping; F.A.S. or F.O.B., 672.319 Sight draft; letter of advice, international sight draft, 673.701 Signatures Bank deposits and collections, unauthorized signature, 674.406 Bulk transfers, list of creditors, 676.104 Commercial paper See: COMMERCIAL CODE subtitle Commercial paper Investment securities See: COMMERCIAL CODE sub- title Investment securities Letters of credit, 675.104 List of creditors, bulk transfers, 676.104 Secured transactions, financing statement, 679.402 Waiver of rights after breach, 671.107 Warehouse receipts, 677.202 Simplification of fiduciary security transfers, code not to repeal law, 680.104 Small loans Conflict of laws, 680.104 Secured transactions, 679.201, 679.203 Statements Advances, warehouse receipts, 677.202 Secured transactions, 679.112, 679.208 Statute of frauds Commercial paper, guaranteed payment, 673.416

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Page 1: Florida Statutes 1979, Volume 4c INDEX c COMMERCIAL CODE (Cont.) Statute of frauds (Cont.) Formal requirements of contract, 672.201 Investment securities, 671.206, 678.319 Personal

c INDEX c COMMERCIAL CODE (Cont.)

Secured transactions (Cont.) Sales (Cont.)

Defined; sales act, 672.106 Enforcement of security interest, 679.203 Interest arising under article on sales, 679.113 Purchase money security, 679.206 Rights of creditor, 672.402

Scope of article, 679.102 Security agreements

After-acquired collateral, 679.204 Enforcement of security interest, 679.203 Future advances, 679.204, 679.312 Validity, 679.313

Security instruments, filing, 679.401 Security interest

Assignment, 679.302, 679.405 Attachment, 679.203, 679.204, 679.312 Conflicting, priorities, 679.304, 679.312 Consignments See: COMMERCIAL CODE subtitle

Consignment Consignors, filing financing statement, 679.408 Continuity in collateral, 679.306 Decedent's estate, assignment of beneficial interest,

679.302 Enforcement, prerequisites, 679.203 Lapse, 679.403, 680.109 Lessors, filing financing statement, 679.408 Perfection

Continuity, 679.303 Controlling law, exceptions, 679.103 Effect, 679.103 Filing, 679.302, 679.304, 679.401 Financing statement, filing, 679.302 Interest arising under article on sales, 679.113 Methods, procedures, 679.103, 679.302, 679.304,

679.305, 679.306 Multiple state transactions, 679.103 Nonperfection, effect, 679.103 Possession of collateral, 679.305 Prior to effective date of code, 680.109 Temporary, 679.302, 679.304 Time, conflicting security interests, 679.312 Unperfection, 679.403

Priorities, 680.109, 680.11 Proceeds, 679.306, 679.312, 679.504 Termination, 679.404

Setoff, 679.104, 679.306 Statements

Account, 679.208 Assignment or release; filing, 679.407 Owner of collateral, 679.112

Statute of frauds, 671.206 Substitution of contract, 679.318 Sufficiency of description, 679.110 Surplus

Accounting by secured party, 679.502, 679.504 Default, 679.502 Owner of collateral, 679.112

Taxes, expenses incurred, 679.207 Temporary perfection, security interest, 679.304 Termination statement, 679.404, 679.407 Time

Attachment of security interest, after-acquired prop­erty, 679.204

Financing statement, duration of filing, 679.403 Perfection of security interest, 679.303

Title to collateral, 679.202

451

COMMERCIAL CODE (Cont.) Secured transactions (Cont.)

Tort liability, 679.104, 679.317 Transfer of right, 679.311 Transmitting utility, 679.401, 679.403 Trust deeds, 679.102 United States Statutes, application, 679.104, 679.302 Unperfected security interest, 679.301 Use of goods, 679.205, 679.207 Usury laws, 679.201 Verification by secured party, statement of account or

list of collateral, 679.208 Warranties, application of law, 679.206

Securities Bulk transfers, 676.103 Conflict of laws, 680.104 Investment securities See: COMMERCIAL CODE sub­

title Investment securities Security

Commercial paper, statement in instrument, 673.105 Defined, 678.102 Lost or destroyed documents of title, 677.601

Security interest Bills of lading, reservation of interest, 672.401 Bulk Transfer Law, exception, 676.103 Collecting bank, 674.208 Commercial paper, taking for value, 673.303 Defined, 671.201 Intangibles See: COMMERCIAL CODE subtitle Se­

cured transactions Sales See: COMMERCIAL CODE subtitle Sales Secured transactions See: COMMERCIAL CODE sub­

title Secured transactions Warehouse receipts, 677.!!!09

Setoff and counterclaim Bank deposits and collections, 674.201, 674.303 Definitions, 671.201 Secured transactions, 679.104, 679.306

Severability; provisions of act, 671.108, 680.105 Severance, contract for sale of goods, 672.107 Sheriffs See: COMMERCIAL CODE subtitle Judicial

sales Ships and shipping; F.A.S. or F.O.B., 672.319 Sight draft; letter of advice, international sight draft,

673.701 Signatures

Bank deposits and collections, unauthorized signature, 674.406

Bulk transfers, list of creditors, 676.104 Commercial paper See: COMMERCIAL CODE subtitle

Commercial paper Investment securities See: COMMERCIAL CODE sub-

title Investment securities Letters of credit, 675.104 List of creditors, bulk transfers, 676.104 Secured transactions, financing statement, 679.402 Waiver of rights after breach, 671.107 Warehouse receipts, 677.202

Simplification of fiduciary security transfers, code not to repeal law, 680.104

Small loans Conflict of laws, 680.104 Secured transactions, 679.201, 679.203

Statements Advances, warehouse receipts, 677.202 Secured transactions, 679.112, 679.208

Statute of frauds Commercial paper, guaranteed payment, 673.416

Page 2: Florida Statutes 1979, Volume 4c INDEX c COMMERCIAL CODE (Cont.) Statute of frauds (Cont.) Formal requirements of contract, 672.201 Investment securities, 671.206, 678.319 Personal

c INDEX c

COMMERCIAL CODE (Cont.) Statute of frauds (Cont.)

Formal requirements of contract, 672.201 Investment securities, 671.206, 678.319 Personal property not otherwise covered, 671.206 Sales See: COMMERCIAL CODE subtitle Sales Secured transaction, 671.206

Statute of limitations, 673.122, 674.406 Statutes

Construction Against implied repeal, 671.104 Commercial paper, 673.118 Liberal, 671.102 Negative implications, 677.105 Severability of provisions, 671.108, 680.105

Documents of title, application of Jaw, 677.103 United States, 677.103, 679.302 Warehouseman's duty of care, application oflaw, 677.-

204 Stolen documents

Commercial paper, actions, 673.804 Investment securities, claims, 678.405 Warehouse receipts and bills of Jading, delivery of

goods, 677.601 Stoppage in transit See: COMMERCIAL CODE subtitle

Sales Storage See: COMMERCIAL CODE subtitle Warehouse

receipts Subordination; secured transactions, agreement, 679.316 Surplus; secured transactions

Accounting by secured party, 679.502, 679.504 Default, 679.502 Owner of collateral, 679.112

Tariffs; documents of title, application of Jaw, 677.103 Taxes

Investment securities, compliance with law, 678.401 Secured transactions, expenses incurred, 679.207

Telegraphs and telephones Defined, 671.201 Letters of credit, 675.104, 675.107

Terminal charges, 677.209, 677.307 Territorial application of Jaw, 671.105 Theft See: COMMERCIAL CODE subtitle Larceny Third parties

Action for injury to goods, 672.722 Commercial paper, irrevocable commitment to, taking

for value, 673.303 Documents, prima facie evidence, 671.202 Inspection of goods, 672.515 Party distinct from, 671.201 Warranties, sales act, 672.318

Timber See: COMMERCIAL CODE subtitle Logs and Jog­ging

Time Bulk transfers, application of proceeds to debt, 676.106 Construed, 671.204 Effective date, Commercial Code, 680.105 Letters of credit, effect, 675.106 Reasonable time, 671.204 Secured transactions

Attachment of security interest, after-acquired prop­erty, 679.204

Financing statement, duration of filing, 679.403 Perfection of security interest, 679.303

Title Code, 671.101 Commercial paper, warranties, 673.417 Sales See: COMMERCIAL CODE subtitle Sales

452

COMMERCIAL CODE (Cont.) Title (Cont.)

Secured transactions, title to collateral, 679.202 Unaccepted delivery order, title of goods based on,

677.503 Torts; secured transactions

Application of law, 679.104 Tort liability of secured party, 679.317

Trade journals; market quotations, evidence, 672.724 Trademarks and trade names; commercial paper, signa­

ture, 673.401 Transfer agent See: COMMERCIAL CODE subtitle In­

vestment securities Transfers

Bank deposits and collections, 674.206 Letters of credit, 675.111 , 675.116 Sale, obligation of seller, 672.301

Transition, transactions before effective date, 680.101, 680.108, 680.109, 680.11

Treaties; documents of title, application, 677.103 Trover See: COMMERCIAL CODE subtitle Conversion Trust deeds, 679.102 Trusts and trustees

Bankruptcy, 671.201, 676.103 Bulk transfers, indenture trustee, list of creditors,

676.104 Commercial paper See: COMMERCIAL CODE subtitle

Commercial paper Investment securities See: COMMERCIAL CODE sub­

title Investment securities Secured transactions See: COMMERCIAL CODE sub­

title Secured transactions Unauthorized signature, investment securities, 678.-

205 Undivided shares; fungible goods, sale, 672.105 Uniform commercial code, 671.101 United States

Consul, commercial paper, certificate of dishonor, 673.-509

Statutes, applicability, 677.103, 679.104, 679.302 Usage of trade defined, 671 .205 Usury, 679.201, 680.104 Vessels, ships and shipping, 672.319 Vice consul; commercial paper, protest, 673.509 W11iver

Bank deposits and collections, time limits, 674.108 Breach, waiver of rights, 671.107 Claim, 671.107 Commercial paper, 673.112, 673.511 Rights after breach, 671.107 Sales See: COMMERCIAL CODE subtitle Sales Time limits, bank deposits, 674.108

War; delays, bank deposits and collections, 674.108 War risk insurance; C.I.F., sales act, 672.320 Warehouse receipts

Advances, made, statement, 677.202 Agents, signatures, 677.202 Agricultural commodities, 677.201 Alcoholic beverages, 677.201 Alteration, 677.208 Blanks, filling, 677.208 Bona fide purchaser

Blanks filled in without authority, 677.208 Form of negotiation and requirements, 677.501 Judicial process, lien, 677.602 Sale to enforce warehouseman's lien, 677.210

Care exercised toward goods, duty of warehouseman, 677.204

Page 3: Florida Statutes 1979, Volume 4c INDEX c COMMERCIAL CODE (Cont.) Statute of frauds (Cont.) Formal requirements of contract, 672.201 Investment securities, 671.206, 678.319 Personal

c INDEX c

COMMERCIAL CODE (Cont.) COMMERCIAL CODE (Cont.) Warehouse receipts (Cont.)

Commingling fungible goods, 677.207 Common ownership, 677.202 Contrary provisions, 677.202 Conversion

Bailee, 677.601 Damages, 677.204 Delivery of goods under missing document, 677.601 Title and rights acquired by negotiation, 677.502

Damages Contractual limitation of warehouseman's liability,

677.204 Description of goods, reliance, 677.203 Overissue, 677.402

Defined, 671.201 Delivery, negotiation, 677.501 Delivery of goods

Adverse .claim, 677.603 Bailee's duty, 677.403 Conversion, 677.601 Demand, 677.206 Endorsements, documents of title, 677.506 Good faith, liability of bailee, 677.404 Lien, loss, 677.209 Statement as to delivery, 677.202 Stoppage by seller, 677.504 Title based on unaccepted delivery order, 677.503

Demand, delivery of goods, 677.206 Demurrage charges, lien of warehouseman, 677.209 Description of goods

Defined, 677.202 Enforcement of warehouseman's lien, 677.210 Reliance, 677.203

Deterioration of goods, sale, 677.206 Distilled spirits, issuance, 677.201 Duty of care, warehouseman, 677.204 Endorsement, transfer by endorsement, 677.501 Enforcement of lien, 677.210 Existing statutes imposing higher duty of care, appli­

cation of law, 677.204 Expenses, preservation or sale of goods, lien of ware-

houseman, 677.209 Field warehousing arrangement, 677.202 Form, 677.202 Fungible goods, 677.205, 677.207 Future charges, lien of warehouseman, 677.209 Good faith delivery of goods, liability of bailee, 677.404 Handling charges, 677.202 Insertions without authority, 677.208 Insurance, lien of warehouseman, 677.209 Intoxicating liquors, 677.201 Irregularity in issue, 677.401 Joint owner, 677.202 Labor, lien of warehousemen, 677.209 Licenses, issuance, 677.201 Lien of warehouseman

Enforcement, 677.210 Form, 677.202 Generally, 677.209 Proceeds of sale, 677.206

Limitations, damages, 677.204 Location, warehouse, form, 677.202 Loss, indemnification, 69.061 Lost or destroyed property, warehousemen, liabilities,

677.403 Misdescription, damages, 677.203 Negotiability, 677.104

Warehouse receipts (Cont.) Negotiation, delivery, 677.501 Nonreceipt of goods, damages, 677.203 Notice, termination of storage, 677.206 Numbering, 677.202 Omissions, implication, 677.105 Option, termination of storage, 677.206 Overissue, 677.207, 677.402 Owner of goods, issuance by, 677.201 Prior transactions, 680.101 Rate of storage, 677.202 Sale, 677.206, 677.210 Security interest, 677.209 Signature, 677.202 Sole owner, 677.202 Statements, advances made, 677.202 Storage and handling charges, 677.202, 677.209 Terminal charges, lien of warehouseman, 677.209 Termination of storage, 677.206 Title, 677.205, 677.502 Transportation charges, lien of warehouseman, 677.-

209 Warehouses and warehousemen

Auction sales, enforcement of liens, 677.210 Commingling goods, fungible goods, 677.207 Conversion, sale to enforce lien, 677.210 Damages, sale to enforce lien, 677.210 Definition, 677.102 Deteriorating goods, right to sell, 677.206 Duty to care, 677.204 Expenses, preservation or sale of goods, lien of ware­

houseman, 677.209 Future charges, lien of warehouseman, 677.209 Lien

Enforcement, 677.210 Satisfaction, 677.403 Termination of storage, 677.206

Storage charges, lien, 677.209 Warehouse receipts See: COMMERCIAL CODE subti­

tle Warehouse receipts Weighers and measurers; certificate, prima facie evi­

dence, 671.202 Weight; fungible goods, identified bulk, sale of undivided

shares, 672.105

COMMERCIAL DISCRIMINATION Coal slurry pipeline companies, 350.80 Complaints to Department of State, 540.03 Definition, 540.01 Department of State, duties re complaints, 540.03 Legal Affairs, Department of; duties, 540.02, 540.03 Ouster of corporations found guilty, 540.05 Penalty for making discrimination, 540.06 Price discrimination in same or different communities;

allowed under certain conditions, 540.01 Revocation of permits of corporations found guilty,

540.04 State attorneys, duty, 540.02 Unauthorized publication

Exceptions, 540.08 Name, picture or other likeness, prohibition, 540.08 News media, exemption from liability of, 540.10 Photographs or pictures of areas to which admission is

charged, 540.09 Remedies and rights under act, 540.08, 540.09 Tower constructed to charge admission for looking into

another attraction, liability, 540.09

453

Page 4: Florida Statutes 1979, Volume 4c INDEX c COMMERCIAL CODE (Cont.) Statute of frauds (Cont.) Formal requirements of contract, 672.201 Investment securities, 671.206, 678.319 Personal

c INDEX c COMMERCIAL DISCRIMINATION (Cont.)

Unfair discrimination and competition prohibited, 540.-01, 540.06

COMMERCIAL DRIVING SCHOOLS Administration of law, 488.01, 488.02 Identification certificates, 488.05, 488.06 Instructors; qualifications, examinations, 488.04 Licenses, 488.01, 488.03, 488.06 Rules and regulations, 488.02 Schools, contracts, 233.063, 488.04 Vehicles used by; identification certificate, 488.05 Violation of law; penalty, 488.07

COMMERCIAL FISHING Freshwater fish, 372.0225, 372.65 Saltwater fish See: SALTWATER FISHERIES

COMMERCIAL PAPER See: COMMERCIAL CODE

COMMISSION MERCHANTS See: BUSINESS AND COMMERCE

COMMISSIONER OF AGRICULTURE Absence, 114.03 Agriculture and Consumer Services, Department of;

head officer, 20.14 Bond, 19.14 Cabinet member, A4 S4 Cabinet See: CABINET District courts of appeal reports, 25.311 Drought, emergency conditions, 590.081, 590.082 Duties, A4 S4, 20.05 Education, State Board of; member, A9 S2, 229.012 Election and term of office, A4 S5, 100.041 Fair Authority, State; member, nominations, 616.252 Free Gift Advertising Law violations; authority to seek

injunctive relief, 817.415 Hearing examiner, Citrus Law violations; appointment

by, 601.28 Horse sale review commission; appointments, convening,

535.15 Impeachment, A3 S17 Injunction; violation oflaw re sale ofliquid fuels; author­

ity, 526.131 Internal Improvement Trust Fund, Board of Trustees;

member, 253.02 Interstate Cooperation Commission, 13.05 Jury disqualification, 40.013 Legislative journals for, 283.15 Metric conversion, responsibility, 531.55 Nathan Mayo Building, named, 19.54 Oath of office, 19.14 Office

At seat of government, A2 S2 Location, 19.23 Oath of office, 19.14 Vacancy in, 114.03, 114.04

Reports, 19.12, 616.263 Research and Development Commission, membership,

23.147 Residence, location, 19.23, 114.03 Retirement, Elected State Officers' Class, 121.052 Salary, A2 S5 State Fair Authority, 616.263 Statistics, collection and publication, 19.12 Travel expenses, 112.061

454

COMMISSIONER OF AGRICULTURE (Cont.) Vacancy in office, 114.03, 114.04

COMMISSIONER OF EDUCATION Bond required, A2 S5, 229.501 Budget, educational facilities and fixed capital outlay

components, 235.41 Busing, elderly, handicapped persons, pilot projects, 236.-

083 Cabinet See: CABINET Common educational facility projects, 235.195 Community colleges See: COMMUNITY COLLEGES Community education program, 228.071, 235.211 Compact on Qualification of Educational Personnel; des-

ignated state official, 244.09, 244.10, 244.11 Compensatory education program, duties, 236.088 Construction and debt service program, duties, 235.435 Education, Department of See: EDUCATION, DEPART-

MENT OF Education, State Board of

Member, A9 S2, 20.15, 229.012 Powers and duties, 229.512 Secretary, A9 S2, 229.Q12

Educational Accountability Act Computer service and electronic data processing, 229.-

555 Cost accounting and reporting, 229.551 Evaluation procedure, 229.565 Management information system, 229.551, 229.555 Planning; data collection and analysis, 229.555 Report, annual; contents, 229.575 Research and development program, 229.551, 229.561 Student performance standards, 229.565 Testing, statewide assessment program, 229.57

Educational Facilities Construction Office; internal orga-nization, 235.43

Educational improvement projects, 229.59 Educational plans, duties re, 236.02 Educational Research and Development, Board of Advi-

sors, 229.561 Election and term of office, A4 S5, 100.041 Exceptional child education program, 959.25 Executive officer and secretary of State Board of Educa­

tion, 229.012 Impeachment, A3 S17 Industry Services Advisory Council, appointments,

230.66 Internal Improvement Trust Fund, Board of Trustees;

member, 253.02 Internal reorganization of department; limitations, 229.-

514 Jury disqualification, 40.013 Legislative journals, delivery to, 283.15 Management training programs, school administrators,

231.086 Minimum standards, recommendation, 229.512 Oath of office, A2 S5 Office, location, A2 S2 Policies; recommendation and execution, 229.512 Powers and duties, generally, A4 S4, 20.05, 229.512,

229.75 Primary Education Council, appointments, 229.85 Primary education program, responsibilities, 230.2312 Public Education Capital Outlay and Debt Service Trust

Fund, administration, 235.42 Public education system, supervision, A4 S4, 229.512 Publications of School Code and other material, 229.512 Remedial reading program, duties, 233.055

Page 5: Florida Statutes 1979, Volume 4c INDEX c COMMERCIAL CODE (Cont.) Statute of frauds (Cont.) Formal requirements of contract, 672.201 Investment securities, 671.206, 678.319 Personal

c INDEX c COMMISSIONER OF EDUCATION (Cont.)

Residence, 114.03 Retirement, Elected State Officers' Class, 121.052 Rules and regulations, recommendations, 229.512 School Code; publication, distribution, 229.512 School food service programs, responsibilities, 228.195 Speech pathology and audiology, duties, 468.143 Standards of educational system, 229.512 Student Financial Aid Advisory Council, 240.421 Teacher Education Centers, State Council; organiza-

tional meeting, 231.604 Teaching personnel; advertising and promoting advan­

tages, expenditures, 229.806 Title of State Superintendent of Public Instruction

changed to, A12 S4, A12 S6 Travel expenses, 112.061 Vacancy in office, 114.03, 114.04

COMMISSIONERS OF DEEDS Acknowledgments, 118.01, 695.03, 695.25 Appointment, 118.01 · Oath of office, 118.03 Oaths, administration, 118.02 Powers, 118.01, 118.02 Term of office, 118.01 Validation of official acts, 118.04

COMMISSIONS Issuance, by Governor, 113.01 Jury See: JURY AND JURORS subtitle Jury commis-

sions Notarial statement of expiration, 117.07 Notary public; certain veterans, fees; exemption, 113.01 Oath of office, 113.06 Official

Acceptance to accompany, 113.06 Attestation by Secretary of State, 113.01 Authority of state; seal, signatures, etc., 113.051 Bond, prerequisite, 113.05, 113.07 Conditions precedent to issuance, 113.05 Fee, 113.01, 113.03 State Treasury, paid into by Secretary of State, 113.03

Recordation, 113.06 Secretary of State, 113.01, 113.03, 113.06 Tax to be paid before issuance, 15.08

COMMON CARRIERS Air transportation See: AIR CARRIERS Canal companies See: CANAL COMPANIES Carrier's lien

Generally, 355.01 Liability for conversion, 355.09 Livestock, 355.04, 355.05 Nonperishable property, 355.02, 355.03 Perishables, 355.06, 355.07 Sale of property, 355.08

Claims for lost or damaged freight Action against connecting lines, 353.04 Attorney fees, 353.03 Failure to pay claim, 353.02 Filing, 353.01 Legislative intent, 353.05 Payment, 353.01 Usury, 353.05

Coal slurry pipeline companies, 350.80, 361.08 Express companies See: EXPRESS COMPANIES Free or reduced rate transportation, 358.11, 358.12,

358.13

455

COMMON CARRIERS (Cont.) Game, transportation, 372.16, 372.66 Gross carelessness or neglect; penalty, 860.02 Motor carriers See: MOTOR CARRIERS Public officers and employees, free or reduced rate trans­

portation, 358.11, 358.12, 358.13 Railroads See: RAILROADS Special protection officers

Appointment, 354.01 Bond, 354.03 Compensation, 354.04 Damage suits, 354.07 Fees to sheriff, 354.06 Powers, 354.02 Term of office, 354.05

Ticket sales Authorized agents, 358.01, 358.02, 358.06 Passenger ships

Agents, 358.06 Country of registry, notice, 358.08 False or misleading information, 358.07 Ticket information, 358.09 Violations; penalty, 358.10

Unused tickets, redemption, 358.03, 358.04, 358.05 Violations; penalties, 358.04, 358.05, 358.10

COMMON LAW Benefit of clergy abolished, 775.03 Business trusts See: TRUSTS Covenants in warranty deed, 689.03 Crimes, 775.01 Ejectment; action abolished, 66.011 English, in force in state, 2.01 Husband's liability for wife's torts abrogated, 741.23 Marriages abolished, 741.211 Punishment for common-law offenses, 775.02 Reestablishment of lost documents, 71.011 Statutes in force, 2.01, 2.04 Trademark rights, 495.161 Trusts, declaration, 609.01, 609.02, 609.03, 609.04, 609.-

05, 609.06

COMMUNICATIONS Confidential See: CONFIDENTIAL INFORMATION Disaster emergencies, public service message transmis­

sion, 252.33 Interception

Authorization, 934.07, 934.09 Civil damages, recovery, 934.10 Communication common carrier, 934.03 Consent, 934.03 Court authorization procedure, 934.09 Definitions, 934.02 Disclosure of communications, 934.03, 934.08 Emergency telephone numbers, 934.03 Evidence, 934.06 Federal Communications Commission, 934.03 Intercepting devices

Authorization for use, 934.07, 934.09 Confiscation, 934.05 Manufacture and distribution, 934.04

Law enforcement officers, 934.03 Lawful monitoring, 934.03 Legislative intent, 934.01 Names of parties intercepted, publication prior to in­

dictment; penalty, 934.091 Obscene, harassing, or threatening telephone calls,

934.03

Page 6: Florida Statutes 1979, Volume 4c INDEX c COMMERCIAL CODE (Cont.) Statute of frauds (Cont.) Formal requirements of contract, 672.201 Investment securities, 671.206, 678.319 Personal

c INDEX c COMMUNICATIONS (Cont.)

Interception (Cont.) Unlawful interception and disclosure, 934.03

Law enforcement communications system, 287.29 Medical telecommunications system See: EMERGENCY

MEDICAL SERVICES subtitle Statewide telecom­munication system

Radio transmissions, police or fire frequencies; penalty, 843.165

Telegraph, telephone See: TELEGRAPHS AND TELE­PHONES

COMMUNICATIONS, DIVISION OF See: GENERAL SERVICES, DEPARTMENT OF

COMMUNISM Communist Party, 876.05, 876.07 Criminal communism

Advocacy, 876.01, 876.02 Assembly, 876.03, 876.04 Definition, 876.01 Membership, 876.02

High school "Americanism vs. Communism" course, 233.064

Public employee oath Communist Party affiliations after oath, 876.07 Discharge for failure to execute, 876.06 False oath; penalty, 876.10 Penalty for failure to discharge, 876.08 Requirement, 876.05 Scope of law, 876.09

COMMUNITY AFFAIRS, DEPARTMENT OF Building Codes and Standards Board; created within;

membership, etc., 553.74 Civil defense See: DISASTER PREPAREDNESS Coastal energy impact program, 377.703 Community Affairs, Council on, 20.18 Community services, financial assistance See: COMMU­

NITY SERVICES FINANCIAL ASSISTANCE Community Services, Office of, 20.18 Coordinating Council on Community Services, Interde­

partmental, 20.18, 163.3204 Creation, 20.18 Criminal Justice Assistance, Bureau of See: CRIMINAL

JUSTICE Criminal Justice, Council on See: CRIMINAL JUSTICE,

COUNCIL ON Divisions, 20.18 Electric power siting reports, 403.507 Farmworker housing grants See: HOUSING subtitle

Farmworker housing assistance Federal grant-in-aid assistance, dissemination of infor­

mation to local government, 163.03 Federal urban planning assistance projects; revolving

fund, 288.32 Housing See: HOUSING Land acquisition and site development assistance for

housing See: HOUSING Limited dividend housing companies See: HOUSING Local government

Census, 165.091 Fiscal condition studies, 165.091 Formation and boundary -reorganization studies, 165.-

091 Generally See: LOCAL GOVERNMENT Intergovernmental cooperation, 165.093 Planning assistance, 163.03

COMMUNITY AFFAIRS, DEPARTMENT OF (Cont.) Local government (Cont.)

Service delivery studies, 165.091, 165.092 Special districts disclosure compliance See: SPECIAL

DISTRICTS subtitle Disclosure requirements Local Resource Management, Division of, 20.18 Manufactured buildings See: MANUFACTURED

BUILDINGS Municipal annexation or contraction, technical assis­

tance furnished, 171.042 Neighborhood housing rehabilitation, powers and duties,

420.429 New community districts See: NEW COMMUNITY DIS­

TRICTS Public Safety Planning and Assistance, Division of See:

DISASTER PREPAREDNESS Reports; inactive government, 165.052 Secretary of Community Affairs

Appointment, 20.18 Commission and council directors, appointment, 20.18 Federal grant-in-aid, dissemination of information to

local governments, 163.03 Local government planning assistance; disposition of

funds, 163.03 Powers and duties, generally, 20.05 Transportation Disadvantaged, Coordinating Council

on; member, 427.012 Structure, 20.04, 20.18 Trust funds

Community Service Trust Fund, 409.504, 409.506 Farmworker Housing Assistance Trust Fund, 420.404 Land Acquisition and Site Development Trust Fund,

420.203 Neighborhood Housing Services Grant Fund, 420.425 Urban Planning Assistance Revolving Trust Fund,

288.32 Urban planning projects; Federal assistance, administra­

tion of projects; appropriation, 288.32 Veterans' Affairs, Division of See: VETERANS Water and sewer facilities and services pilot project,

153.95

COMMUNITY CARE FOR THE ELDERLY See: ELDERLY PERSONS

COMMUNITY COLLEGES Academic calendar coordination, 229.053 Accelerated degree programs, 240.115 Accounting of funds, 240.363 Appropriation, annual See: COMMUNITY COLLEGES

subtitle Community College Program Fund Articulation agreement, 240.115 Auxiliary enterprises and undesignated gifts, 240.377 Basic skills education, 229.053, 229.551 Boards of trustees

Chairman, 240.313 Construction contract payments, 235.33 Construction fund allocation request, 235.211 Control of community colleges, 240.373 Copyrights and patents, powers, 240.319 Creation, 240.313 Direct-support organizations, 240.331 Eminent domain power, 235.05, 240.319 Expenses; reimbursement, 240.313 Failure to attend meeting, 240.313 Incorporation, 240.315 Instructional space shortage, 235.149 Loans, short term, 240.367

456

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c INDEX c COMMUNITY COLLEGES (Cont.)

Boards of trustees (Cont.) Meetings, 240.313 Membership, 240.313 Operation of community colleges, legislative intent,

240.317, 240.373 Personnel, employment, 240.335 Postaudits, 11.45 Powers and duties, 240.301, 240.313, 240.319 President, appointment, 240.313, 240.319 Process, service, 240.315 Property; purchase, lease, sale, disposition, 240.319 Property, transfers from school board, 240.313 Public Education Capital Outlay and Debt Service

Trust Fund, 235.42 Rulemaking authority, 240.319 Site selection, 235.19 Standards and guidelines, 240.325 Student admissions, duties, 240.321 Supervision and inspection of construction or renova­

tion, 235.30 Vacancy, filling, 240.313

Broward Community College, 550.03 Budget, 240.311, 240.361 Building Code for Public Educational Facilities Con­

struction, 235.26 Building construction education programs, 489.109 Capital outlay

Budget, 235.18, 235.41 Excess funds, distribution and use, 240.359 Lease-purchase agreements, 240.319 Projects, provisions generally, 235.211 Public Education Capital Outlay and Debt Service

Trust Fund allocations, 235.435 Trust fund; bond issuance, A12 S9

Central Florida Community College, 550.03 Charity day proceeds; frontons, racetracks, 550.03 Civil actions against officer or employee, 240.375 Common educational facility projects, 235.195 Community College Coordinating Board

Budgeting, 240.311 Chief Administrative Officer, 240.311 Commissioner of Education, duties, 240.307, 240.311 Establishment, 240.305 Fiscal year, 240.309 Information System, 240.311 Meetings, 240.309 Membership, 240.307 Powers and duties, 240.311 Quorum, 240.309 Rulemaking authority, 240.311 Seal, 240.309

Community College Program Fund Apportionment, 240.347, 240.359 Community College Coordinating Board, duties, 240.-

311 Establishment, 240.347 Full-time equivalent enrollment, 240.359 Participation requirements, 240.345, 240.349

Community Collt.ge System, 240.301 Community educational facilities program, participa-

tion, 235.211 Compensatory education programs, 240.353 Construction of facilities, 240.327 Construction projects, bidding or negotiation, 235.31 Control, 240.373 Cooperation among institutions, 240.125

457

COMMUNITY COLLEGES (Cont.) Copyrights and patents, ownership and exploitation,

240.319 Correctional officer training program, 944.583 County civil service regulations, exemptions, 240.369 Courses, common designation and numbering system,

229.551 Credit cards; use for services, tuition, fees, 240.319 Daytona Beach Community College, 550.03 Definitions, 228.041, 240.301, 240.303 Delinquent accounts, collection, 240.365 Disorderly persons on grounds or facilities, 228.091 Disruptive activities, participation by students or em-

ployees, 240.132, 240.319, 877.13 Districts, 235.34, 240.313 Education, Department of

Allocation of funds, duties, 240.359 Budget, approval, 240.361 Community College Coordinating Board, 240.305 Instruction units, determination, 240.351 Loans for financial obligations, 240.367 Survey, supervision, 240.327 Transportation of students, 240.351, 240.357

Education, State Board of Allocation of funds, duties, 240.359 Bond issue pursuant to constitutional amendment,

A12 S9 Employee records, rules, 240.337 Indebtedness, bonds and tax anticipation certificates,

229.066 Occupational education, authority, 240.355 Records of students, 240.323 Rulemaking authority, 240.301 Standards and guidelines, 240.325

Educational Facilities Construction Office See: EDUCA-TION, DEPARTMENT OF

Educational radio or television facilities, 235.40 Emergency drills, 235.14 Eminent domain powers, 240.319 Employees

Administrative personnel, contracts, 240.339 Appointment, 240.319, 240.319, 240.335 Civil actions against; board of trustees to pay costs,

240.375 Copyrights and patents, ownership and exploitation,

240.319 Disciplinary penalties, 240.319 Disruptive activities, participation, 240.132, 240.319,

877.13 Employment standards, 240.325 Group insurance, 112.0801 Meritorious service awards, 240.319 Parking enforcement personnel, 240.319 Records, limited access, 240.337 Removal, 240.319 Services, use by direct-support organization, 240.331 Sick leave, 240.343

Employment discrimination, 228.201, 448.075, 448.076 Ex-Confederate Soldiers' and Sailors' Home Endowment

Trust Fund, scholarships, 240.403 Expenditures, accounting requirements, 240.363 Eye-protective devices required for certain activities for

students and teachers, 232.45 Facilities

Allocations, design prototypes, etc., 235.211 Budget, comprehensive integrated, 235.41 Contractor payment and performance bonds, 235.32 Day labor renovations, repairs, 235.31

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c INDEX c COMMUNITY COLLEGES (Cont.)

Facilities (Cont.) Direct-support organization, use, 240.331 Educational Facilities Construction Office See: EDU­

CATION, DEPARTMENT OF Health, safety, and sanitation standards and inspec­

tions, 235.06 Improvements; beautification, streets, traffic control,

235.34 Land lease agreements, 235.055 Maintenance and operation standards, 235.065 Planning, survey, 240.327 Uses other than educational, 235.02

Fees, 240.321, 240.325, 240.345, 240.417 Funding, 240.345, 240.359, 240.363 Gulf Coast Community College, 550.03 Handicapped persons, 240.357, 255.21 Health services, emergency medical care, 743.064 High school advanced instruction program, 229.814 Higher educational facilities authorities See: HIGHER

EDUCATIONAL FACILITIES AUTHORITIES Hillsborough Community College, 550.03 Indebtedness; bonds and tax anticipation certificates;

transfer and payment, 229.066 Indian River Community College, 402.22, 550.03 Industrial training program, 230.66 Instruction units, 240.351 , 240.353 Instructional personnel

Classroom contact hours, requirement, 240.341 Contracts, 240.339 Employment, 240.335 Unemployment compensation, exclusion from cover-

age between academic years, 443.05 Jai alai frontons, charity day proceeds, 550.03 Lake City Community College, 550.03 Land purchased by municipalities, 240.333 Law library, public documents, depository for, 283.23 Legislative intent, 240.105, 240.317 Loans for financial obligations, 240.367 Lost or abandoned property, disposal of; proceeds, 705.18 Manatee Community College, 550.03 Mental health and mental retardation services, counties,

402.20 Minors, borrowing for higher education, removal of dis-

ability of nonage, 743.05 Municipalities, donation of lands, 240.333 Name, use by uncertified organization, 240.331 Nursing home patient care, training program, 233.0671 Nursing programs, approval, 464.019 Obscenity marked on buildings or property, penalty,

235.09 Occupational education, 240.353, 240.355 Okaloosa-Walton Community College, 550.03 Palm Beach Community College, 550.03 Parking areas, roads, and transportation facilities adja-

cent to, etc.; construction and maintenance, 339.09 Parking, enforcement, 240.319 Pasco-Hernando Community College, 550.03 Pensacola Community College, 550.03 Planning and construction of facilities, 240.327 Police training, 943.25 Postsecondary consortiums, 240.125 Practical job-related instruction; joint programs with

schools, 233.068 President

Appointment, 240.319 Board of trustees, chairman, 240.313 Employee records, 240.337

COMMUNITY COLLEGES (Cont.) President (Cont.)

Residence, 240.329 Search committee, 240.319

Prisoner education programs, 240.345 Private colleges and universities See: COLLEGES AND

UNIVERSITIES Professional Teaching Practices Council, 231.54, 231.55,

231.57, 231.58, 231.59 Property, disposal, 235.04 Public Education Capital Outlay and Debt Service Trust

Fund allocations, 235.435 Public relations, 240.377 Racetracks, charity day proceeds, 550.03 Residential care facilities, education programs, 402.22 Rulemaking power, notice of intent to exercise, 120.54 Saint Johns River Community College, 550.03 Scholarships, 240.403 School Code, applicability, 240.379 School educational programs, graduation and promotion

standards, 232.2481 Special and local acts, transfer of benefits, 240.371 Special benefits assessments, 235.34 State aid, 240.345 State financial support See: COMMUNITY COLLEGES

subtitle Community College Program Fund Students

Admissions, 240.319, 240.321 Basic skills level, 240.319, 240.325 Credit cards, tuition and fees, 240.319 Discipline, 240.133, 240.319 Disruptive activities, participation, 240.132, 240.319,

877.13 Expulsion, 240.133 Fees, 240.345, 240.417 Felons, 945.091 Financial aid See: SCHOLARSHIPS Loans, 240.415 Nonresidents, 240.321 Records, right of privacy, 119.07, 228.093, 240.323 Registration fees, 240.417 Sickle-cell trait; screening, testing, 228.201, 448.076 Transportation, 240.351 , 240.357 Veterans, registration fee deferral, 240.345

Survey of educational plants Construction based on, 235.16 Contents, 235.15 Exceptions to recommendations, 235.155 Facility needs, 240.327

Teacher education centers, 231.603, 231.609 Transfer of authority and control, 240.373 Transfer of benefits arising under local and special acts,

240.371 Trespass upon grounds or facilities of educational insti­

tutions, 228.091 Vocational education, 230.66, 231.3505, 233.068

COMMUNITY CORRECTIONAL CENTERS, 944.033

COMMUNITY FORESTS See: FORESTRY

COMMUNITY REDEVELOPMENT Agencies

Bonds, issuance, 163.385 Commissioners, 163.356, 163.367 Creation, 163.356 Eminent domain, power, 163.375

458

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c INDEX c

COMMUNITY REDEVELOPMENT (Cont.) Agencies (Cont.)

Governing body resolution declaring itself agency, 163.357

Personnel, legal counsel, director, etc., 163.356 Powers, 163.356, 163.358, 163.370 Property, 163.370, 163.380 Reports, annual; filing, notice, 163.356 State agencies to assist, 163.445 Structure demolition or removal, approval, 163.370 Trust fund, 163.387

Air rights, acquisition of, 163.370 Bonds

Anticipated assessed valuation of completed project, 163.385

Debt limitations not applicable, 163.385 General obligation; issuance, 163.400 Issuance; form, signatures, 163.385 Legal investments, 163.390 Negotiability, 163.385 Repayment; funds available for, 163.385, 163.387 Sale; public or private, 163.385 Tax exemption, 163.385 Trust fund revenue, repayment from, 163.387

Community Redevelopment Act, 163.330 Community redevelopment plan

Boundaries, legal descriptions, diagrams, etc., 163.362 Comprehensive plan, conformation to, 163.360 Contents of plan, 163.360, 163.362 Disaster areas certified as blighted, 163.360 Displaced persons, relocation, 163.360, 163.370 Disposal of property; restrictions, 163.380 Financing element, 163.362 Local planning agency, review by, 163.360 Modification procedures, 163.360, 163.361 Neighborhood impact element, 163.362 Open land, acquisition of; restrictions, 163.360 Park and recreational facilities, 163.360 Public bodies, cooperation and assistance of, 163.400

Communitywide plans, 163.365 Conveyances of property, 163.380, 163.405 Counties See: COMMUNITY REDEVELOPMENT subti-

tle Governing body Definitions, 163.340 Disaster areas declared blighted, 163.360 Displaced persons, relocation of, 163.360, 163.362, 163.-

370 Disposal of property in redevelopment area, 163.380,

163.405 Eminent domain, 163.375 Encouragement of private enterprise, 163.345 Execution, property exempt from, 163.395 Existing powers, act supplemental, 163.430 Federal aid; request and acceptance, 163.370 Financial aid, public bodies may furnish, 163.400 Findings of necessity by governing body, 163.355 Governing body

Acquisition of slum areas, 163.370 Administration of act, 163.370 Appropriations, 163.356 Bonds, issuance of; generally, 163.385 Commissioners, appointment; removal, 163.356 Community redevelopment plan, formulation, 163.360 Contracts with public or private corporations or indi-

viduals, 163.370 Counties with home rule charters, 163.410 Counties without home rule charters, 163.415 County commission, powers, 125.01

COMMUNITY REDEVELOPMENT (Cont.) Governing body (Cont.)

Disposal of property, 163.370, 163.380 Eminent domain, 163.375 Entry into buildings for tests, 163.370 Federal aid; request and acceptance, 163.370 Findings of necessity; contents, 163.355 Funds; expenditures and investments, 163.370 Housing, low-cost, 163.370 Improvements in public facilities, 163.370 Modification of redevelopment plan, 163.361 Officials or employees, interest in projects restricted,

163.367 Powers, 163.358 Programs for slum or blight elimination, 163.350 Public bodies; assistance and cooperation, 163.400 Resolution declaring self as agency, 163.357 State agencies to assist, 163.445 Trust fund, annual funding, 163.387

Housing, low-cost, 163.370 Legal investments, bonds as, 163.390 Legislative findings and intent, 163.335 Local government growth management comprehensive

plans, 163.3177 Municipalities See: COMMUNITY REDEVELOPMENT

subtitle Governing body Neighborhood and communitywide plans, 163.365 Neighborhood development program, participation, 163.-

450 Neighborhood housing rehabilitation See: HOUSING New community districts, powers and duties, 163.622 Powers of governing body, 163.370 Private enterprise participation, 163.345, 163.360 Programs for slum and blight elimination, 125.01, 163.-

345, 163.350 Property owned by governing body or agency; tax exemp­

tion, execution not to issue, 163.395 Property, temporary operation and maintenance prior to

disposal, 163.380 Public bodies to cooperate and assist in redevelopment,

163.400 Recreation and park facilities, 163.360 State agencies to assist, 163.445 Supplemental powers, act to provide, 163.430 Trust fund, 163.387 Workable program, 163.350

COMMUNITY SERVICES FINANCIAL ASSISTANCE Applications for assistance, 409.504 Authorized programs, 409.506 Community Affairs, Department of

Administrative costs, 409.506 Hearings, misuse of funds, 409.505 Report to Governor and Legislature, 409.505 Rulemaking authority, 409.504

Definitions, 409.503 Demonstration and research programs, 409.504 Federal funds, 409.506 Financial Assistance for Community Services Act of

1974, 409.501 Fiscal management procedures, 409.505 Legislative intent, 409.502 Matching funds, 409.504 Misuse of funds; penalty, 409.505 Trust fund, 409.504, 409.506

459

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c INDEX c COMMUNITY WATER AND SEWER ASSOCIATION,

INC., 153.95

COMPACTS See: INTERSTATE COMPACTS

COMPENSATION Appropriation, A3 S12 County officers and employees See: COUNTY OFFIC-

ERS AND EMPLOYEES Drainage over another's land, A10 S6 Elective officer, fixing, A2 S5 Eminent domain See: EMINENT DOMAIN Jury, local or special laws, A3 S11 Law, fixed by, when constitution silent, A2 S5 Monthly payment, A2 S5 Public officers, appropriation bills for payment, A3 S12 State administrative officers, A2 S5 State employees See: STATE EMPLOYEES subtitle Sal­

aries and wages Unemployment See: UNEMPLOYMENT COMPENSA­

TION Witnesses See: WITNESSES Workers' See: WORKERS' COMPENSATION

COMPETITIVE BIDS See: BIDS

COMPREHENSIVE PLANNING Local governments See: LOCAL GOVERNMENT subti­

tle Planning for future development State See: STATE PLANNING

COMPROMISE AND SETTLEMENT Beverage Law, compromise of violation, 561.29 Defaulting officers, with, 27.12, 27.13 Estates, final settlement, 733.903 Guardians and wards, settlement of claims, 744.387 Motor fuel taxes, payment; prohibited, 206.19 Probate proceedings, claims against estates, 733.708 Public land sale of unpaid balances, 270.17 Public utilities, regulations of, violation, 350.36 Stockholders' derivative actions, court approval, 607.147 Trustees accounting; final, annual, or periodic, 737.307 Wrongful death actions, court approval, 768.25

COMPTROLLER Absence of, 114.03 Accounting System, State, 216.141 Accounts

Against state Audit, 17.03 Examination of parties and privies, 17.05 Rejection, 17.06

Disallowance of, 17.06 Filing, when warrants drawn, 17.08 Vouchers, etc., filing, 17.08

Administration, State Board of; member, A12 S9, 215.44 Administration, State Board of; powers and duties See:

ADMINISTRATION, STATE BOARD OF Assistant comptroller, appointment, etc., 17.011 Banking and Finance, Department of; head officer, 20.12 Banking and Finance, Department of See: BANKING

AND FINANCE, DEPARTMENT OF Biweekly salary payments, authorized, 17.28 Bonds

Approval

COMPTROLLER (Cont.) Bonds (Cont.)

Approval (Cont.) Circuit court clerks, large counties, small counties,

28.01, 28.02 County officers; failure to perform duties re; venue,

137.07 Sheriffs, 30.01, 30.02

Comptroller; requirements, 17.01 Deposited as collateral security; exchange for refund­

ing bonds, 18.14 Indemnity on issuance of duplicate warrant, 17.13 Security for deposit of public funds; selling authorized,

18.12 State officers, examination as to sufficiency, 17.19

Cabinet member, A4 S4 Cabinet See: CABINET Capital outlay appropriation reversion report, 216.301 Claims against state, 17 .03, 92.39 Claims collected by state attorney; report, 27.11 Consent for deposit of public moneys, 18.16 Copies of records, etc., certification, 17.25 County officers' bonds; suit for failure to perform duties;

venue, 137.07 Defaulters, statement of, 17.18 District courts of appeal, fee collections, 35.22 Duties, A4 S4, 20.05 Education, State Board of; member, A9 S2, 229.D12 Election and term of office, A4 S5, 100.041 Examination of office, records, etc., by Governor, 17.17 Examination of parties and privies concerning claim by

or against state, 17.05 Financial statement to Governor, 216.091 Fine and forfeiture fund, forms and blanks, 142.17 Firefighters' Pension Fund; duties, 175.121 Impeachment, A3 S17 Internal Improvement Trust Fund, Board of Trustees;

member, 253.02 Interstate Cooperation Commission, 13.05 Judgments for state, compromise or settlement by state

attorney; report, 27.13 Judicial officers; retirement board, members; investment

of funds, 123.04 Jury compensation, funding and audit procedure, 40.29,

40.30, 40.31, 40.32, 40.33, 40.34, 40.35 Jury disqualification, 40.013 Law enforcement officers, authority to engage, 17.031 Legislative expenses, 11.12 Militia, transfer of funds, 250.25, 250.26 National Forest Trust Fund, apportionment and distri­

bution, 254.01, 254.02, 254.03, 254.05 Office location, A2 S2, 17.02 Pollutant spill prevention and control expenditures, ap­

proval, 376.18 Process, agent for service, 48.151 Purchase contracts, deferred payment; preaudit review

and approval, 287.062 Purchases from general appropriations; proof of deliv-

ery, 215.42 Refunds, payments into State Treasury, 215.26 Reports furnished Governor, 17.11, 17.17, 17.18, 17.19 Reports furnished state attorney, 27.11, 27.13 Residence, location, 17.02, 114.03 Retirement, Elected State Officers' Class, 121.052 Salary, biweekly payments, authorized, A2 S5, 17.28 Seal, 17.16 Security of property in custody or control, 17.031 Severance tax, solid minerals, 211.32

460

Page 11: Florida Statutes 1979, Volume 4c INDEX c COMMERCIAL CODE (Cont.) Statute of frauds (Cont.) Formal requirements of contract, 672.201 Investment securities, 671.206, 678.319 Personal

c INDEX c COMPTROLLER (Cont.)

State agencies; balance sheet and statement of operation, duties, 216.102

State Fire College expense vouchers, audit and approval, 633.47

State Library Council, allocation of funds for county li-brary; payments by, 257.22

State officers; examination of bonds, 17.19 State Treasurer's bond, cancellation, 18.01 State Treasury, drawing orders on, A4 S4 Supreme Court; reports for , 25.311 Taxation

Assessment roll ; sales tax, validating certain transac­tions, 212.141

Tax collectors and property appraisers compensation and fees, duties, 192.102

Tax entities, distributions to; withholding after assess-ments disapproved, 195.098

Textbook Bid Trust Fund, 233.16 Travel expenses, 112.061 Unemployment Compensation Trust Fund; duties re can-

celed warrants, 443.10 Vacancy in office, 114.03, 114.04 Vouchers authorizing payment, invoices, 215.422 Warrants

Accounts, etc., on which drawn, 17.08 Cancellation when not presented within one year,

17.26 Circuit judges' salaries, 26.39 Claims allowed against state, 17.03 Delivery, responsibility, 17.03 Duplication when lost or destroyed; procedure, valid­

ity, 17.13 Insurance proceeds, state property reconstruction,

255.03 Invoice, payment, 215.422 Issuance, payment for unauthorized purchase of motor

vehicle, 116.12 Obligation unenforceable after certain time; applica-

tion; claim for relief, 17.26 Paid, disposition, 18.08 Payment, A4 S4, 17.26, 18.02 Pensions, confederate, 291.22 Record of those paid, 17.10 Register to be kept by, 17.10 Reimbursement on reversal of judgment for state,

215.03 Reissuance after cancellation, 17.26 Report of those paid, 17.11

CONCEALMENT Alcoholic beverages, with intent to avoid payment tax,

562.32 Conditional sale, property held under, 818.05 Diseased livestock, 585.18 Felony; penalty, 843.14 Marks or stamps on containers, 506.05 Personal property subject to attachment, 76.04, 76.05,

76.07 Personal property subject to lien, 818.01, 818.03 Public records, 839.13

CONDEMNATION Abstract of title

Compensation, 703.13 Effect of, 703.15 Failure to deliver, penalty, 703.14 Order granting petition, 703.11 Petition, 703.09 Rule to show cause, 703.10

Antifreeze confiscation, 501.919 Condemnation proceedings See: EMINENT DOMAIN Diseased animals, 585.08, 585.10 Food, Drug, and Cosmetic Law; detained or embargoed

goods, 500.06 Gasoline and oil pump, 525.07 Guardian of the property, condemnation award paid to;

specific devisee, rights, 732.606 Lands See: EMINENT DOMAIN Naval stores, 523.11 Probate proceedings, specifically devised property, 732.-

606 School buildings, 230.23, 230.33, 235.05 Submerged land; exception, 253.02 Water management districts, powers of, 373.086

CONDITIONAL SALES Illegal disposition of property subject to contract of,

penalty, 818.01, 818.05 Motor vehicles

Execution or attachment, property subject to; bond re-quirement, 56.061

Financial Responsibility Law, effect, 324.211 Notation on title certificate, effect, 319.27 Sales finance companies See: MOTOR VEHICLE

SALES FINANCE COMPANIES Title certificates, 319.21, 319.28

Property subject to, execution, 56.071 Railroad equipment, 351.11 Retail See: RETAIL INSTALLMENT SALES Secured transactions See: COMMERCIAL CODE

Salaries; application for, 17.09 Sheriff, for overpayment, 17.12 State funds; issuance, 215.35

CONDOMINIUMS

State warrants classification, 215.29 Tax collector, for overpayment, 17.12 Treasurer to pay money on, 18.02

Witness compensation, funding and audit procedure, 40.-29, 40.30, 40.31, 40.32, 40.33, 40.34, 40.35, 142.17

COMPULSORY PROCESS, A1 S16

COMPUTERS See: ELECTRONIC DATA PROCESSING

CONCEALED WEAPONS See: WEAPONS AND FIREARMS

461

Actions Attorney's fees, 718.125 Class action, common elements, 718.111 Documents, bylaws, laws; enforcement, 718.303 False or misleading information; limitation, 718.506 Statute of limitations, equity actions, 718.124 Unit owner rights infringed, injunctive action, 718.123

Advisory board, 718.501 Alcoholic beverage license, 561.20 Appearance of units or common elements; bylaws re­

stricting, 718.112 Appurtenances; possession and enjoyment, 718.106 Arbitration, dispute between unit owner and association,

718.501

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c INDEX c CONDOMINIUMS (Cont.)

Arbitration procedures, purchase of leased facilities, 718.401

Assessments Abandonment of unit; liability unaffected, 718.116 Billings and amounts, 718.111 Certificate of unpaid; third party reliance, 718.116 Collection, frequency, 718.112 Foreclosure of lien, 718.116 Increase over prior year, limitations, 718.112 Interest on default payment, 718.116 Liability of unit owner, 718.116 Lien by association if unpaid, 718.116 Meetings for consideration, notice, 718.112 Mortgagee's liability, foreclosures, 718.116 Separate; survival of declaration after tax sale, 718.120 Taxation of parcels, 718.120 Time-share unit owners, joint and several liability,

718.116 Association

Access to units, 718.111 Accounting records, 718.111 Administration, form, 718.112 Annual meetings and elections, 718.112 Bid on foreclosed parcel, 718.116 Board meetings, 718.112 Bonding, officers, directors, 718.112 Budgets, 718.112 Class actions, common elements, 718.111 Common elements; maintenance; alterations, 718.113 Contracts, 718.126, 718.302 Control, transfer to unit owners, 718.301, 718.302 Corporation, profit or nonprofit, 718.111 Developer rights, 718.301 Fee, annual regulatory, 718.501 Financial report, annual, 718.111 Hazard insurance, 718.111 Internal affairs disputes, arbitration, 718.501 Irrevocable rights, repairs, 718.111 Land, purchase, 718.111 Lease obligation actions, issues and defenses, 718.401 Liabilities exceeding insurance coverage, 718.119 Lien, unpaid assessments, 718.116 Officers as fiduciaries, 718.111 Operation of more than one condominium, 718.111 Powers and duties, generally, 718.111, 718.114 Records, 718.111 Recreation lease, purchase, 718.111 Recreational facilities, acquisition of leaseholds and

memberships, 718.114 Relinquishments by developer upon control transfer,

718.301 Voting rights, quorum, proxies, 718.112

Budget, 718.112 Building, existing; conversion from rental operation,

718.402, 718.503 Buyers

Cancellation rights, 718.502, 718.503 Prospectus, 718.504 Remedies; false, misleading information by developer,

718.506 Bylaws, 718.112 Caveats and legends, contracts for sale or lease, 718.503 Circuit court jurisdiction, errors and omissions in docu-

ments or declaration, 718.304 Common elements

Appearance, bylaws, 718.112 Appurtenances, sharing, 718.106

462

CONDOMINIUMS (Cont.) Common elements (Cont.)

Common expenses and surplus, 718.115 Easements, improvements, installations, 718.108 Enlargement, 718.110 Items designated, 718.108 Leaseholds, construction on, 718.401 Leases, unconscionable, 718.122 Maintenance, alterations, 718.113 Mortgage, 718.104 Separation and partition, restraint, 718.107 Unit owners' right of peaceable assembly, 718.123 Unit owner's undivided share, 718.106 Vending equipment, leases, 718.302 Waiver of use ineffective as to assessments, 718.116

Common surplus, 718.106, 718.115 Condominium Act, 718.101 Construction; developer's bond or escrow for taxes, 718.-

201 Contracts

Application of law, 718.126 Operation, maintenance, management; cancellation

rights, 718.302, 718.3025 Sale or lease, disclosures, 718.503

Conversion of existing building, 718.402, 718.504 Cooperatives See: COOPERATIVES Covenants and restrictions, 718.104 Creation, 718.104, 718.401 Damage or destruction, equitable relief, 718.118 Damages, reliance on false or misleading information,

718.506 Declaration of condominium

Amendments, 718.110, 718.304 Bylaws, 718.104, 718.112 Common elements; enlargement amendment, 718.110 Contents, generally, 718.104 Easements, ingress and egress, 718.104 Enforcement of provisions, 718.303 Equitable servitudes, 718.104 Error or omission; correction procedures, 718.304 Exhibits, 718.105 Merger, independent condominiums of a single com-

plex, 713.691, 718.110 Phase development, 718.403 Recording, 718.105, 718.110 Recreational facilities, leaseholds and memberships,

718.114 Subordination agreements or consents, prior mort-

gages, 718.104 Survey, requirements, 718.104, 718.105 Survival after tax sale, 718.120 Time-share estates, 718.104, 718.1045 Units; legal description, designation, 718.109

Definitions, 718.103 Description of leased land or property, 718.401 Developers

Assessments and common expenses; liability, 718.116 Bond or escrow for taxes, 718.201 Contracts, application of law, 718.126 Disclosures, 718.503, 718.505 Escrow of sales deposits, 718.202 False, misleading information; publication, 718.506 Leasehold, creation of condominium on, 718.401 Maintenance or management contracts, disclosure of

financial interest, 718.3025 Phase development, 718.403 Prospectus, 718.504 Reservation agreements, 718.202, 718.502

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c INDEX c CONDOMINIUMS (Cont.)

Developers (Cont.) Sales contract deposits, use, 718.202 Sales documents, filing, 718.502 Transfer of assets to association, 718.301 Vending equipment leases, validity, 718.302 Warranties, 718.203

Disclosures to prospective buyers or lessees, 718.503, 718.504

Down payments, use restriction, 718.202 Easements, improvement, installations, designated com-

mon elements, 718.108 Elevators, inspection, 399.05, 718.508 Equitable relief, 718.118 Equitable servitudes, 718.104 Escalator clauses in contracts and leases, validity, 718.-

302, 718.401 Escrow agent; reliance on unit owner's written instruc­

tions, 718.303 Expenses, common, 718.115, 718.119 False, misleading information; publication by developer,

718.506 Faulty documents, limitations on actions, 718.304 Fees, transfer of units, 718.112 Florida Land Sales and Condominiums, Division of; en-

forcement, 718.501 Foreclosures, liability, 718.116 Homestead tax exemption, A7 S6, 196.031, 196.041 Hotels and Restaurants, Division of; building regulation,

718.508 Implied warranty of fitness and merchantability, 718.-

203 Injunctive action for document, declaration, or chapter

violations, 718.303 Installments; interest on, 718.116 Lands, creation of condominium on; requirements, 718.-

104 Leaseholds, 718.401, 718.504 Leases

Attorney's fees, 718.125 Civil actions, 718.401 Homestead tax exemption, 196.041 Recreational or common facilities, 718.122, 718.401 Sales tax, 212.03 Vending equipment, 718.302

Legal description, 718.109 Legislative purpose and intent, 718.102 Lessees' remedies; false, misleading information by de-

veloper, 718.506 Lessees' rights of cancellation, 718.503 Lessor, release of rent paid into court registry, 718.401 Liens

After declaration recorded, 718.121 Claim of lien, 718.116 Contest, notice, 718.116 Labor and materials, 718.121 Lienholder's right to certificate of unpaid assessments,

718.116 Payment to relieve parcel, 718.121 Priority, 718.116 Rent payable, enforceability, 718.401 Transfer of; consent or approval oflienholder, 718.117

Limitations of actions, 718.304, 718.506 Maintenance contracts, 718.302, 718.3025 Management contracts, 718.302, 718.3025 Merger, independent condominiums of a single complex,

713.691, 718.110 Mortgage foreclosure; rent liens, 718.401

463

CONDOMINIUMS (Cont.) Offering circulars, 718.504 Parcels, taxation, 718.120 Partition, time-share estate, 718.1065 Phase projects

Contracts, disclosure, 718.503 Development, 718.403 Operation as single condominium, 718.111 Time-share estates, 718.403

Prospectus, 718.504, 718.505 Public lodging and food service establishments, regula-

tion, 718.508 Recreation lease, 718.122, 718.401 Registry of court; accrued lease rent paid, 718.401 Remedies for violation of documents, declaration, or

chapter, 718.303 Sales

Association control, transfer, 718.301 Brochures, caveat legend, 718.503 Deposits prior to closing, use, 718.202 False, misleading information publication, 718.506 Fees, 718.112 Offering circular, 718.504 Prior to completion of construction, 718.104, 718.503 Prospectus, 718.504 Refunds to prospective purchaser, 718.502 Reservation agreements, 718.202, 718.502 Substantially completed buildings, 718.104 Warranties, 718.203

Separation and partition of common elements, re-straints, 718.107

Statute of limitations, equity actions, 718.124 Surveys, leased lands, 718.401 Taxation, 718.120, 718.201 Termination of condominium, 718.117 Time-share estates

Common expenses, liability, 718.116 Creation, 718.1045 Declaration of condominium amendment, 718.110 Partition, 718.1065 Phase condominiums, 718.403 Prospectus, 718.504 Sales brochures and contracts, disclosure, 718.503

Unit owners Accounting records of association, inspection rights,

718.111 Assessment for common expenses, 718.115 Budget, proposed annual, 718.112 Certificate of unpaid assessment; third party reliance,

718.116 Common expenses and surpluses, 718.115 Compliance obligation; remedies, 718.303 Contracts, application of law, 718.126 Contracts for operation, maintenance, management;

cancellation rights, 718.302 Conveyances, voluntary; liability for expenses, 718.116 Damage or destruction of property; equitable relief,

718.118 Escrow agent; reliance, written instructions, 718.303 Foreclosure of liens, 718.116, 718.121 Insurance policies of association, inspection, 718.111 Lease obligation actions, issues and defenses, 718.401 Leased property, options to purchase, 718.401 Legal description, 718.109 Liability for assessments, 718.116 Liens against, 718.116, 718.121 Meetings, 718.112 Personal liability, 718.119

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c INDEX c CONDOMINIUMS (Cont.)

Unit owners (Cont.) Petition for equity, 718.118 Purchases by association, approval, 718.111 Representation in association, 718.301 Right of peaceable assembly, 718.123 Undivided interest in property owned in common, 718.-

117 Use and possession of property, 718.106 Voting rights, 718.104, 718.112 Warranty benefits, 718.203

Violations; penalties, 718.202, 718.303, 718.501, 718.506 Waiver of chapter provisions; restriction, 718.303 Warranties, 718.203 Zoning and building, construction of laws, 718.507

CONFEDERATE VETERANS' PENSIONS Absence of pensioner from state, effect, 291.10 Accrual of right, 291.10 Amount, 291.02, 291.04 Application

Blanks, 291.14 Denial, 291.10 Generally, 291.10 Proof, 291.12 Suspended pension, restoration, 291.11 Widows, 291.10

Beneficiaries, 291.32 Certificates, 291.18 Confinement of pensioner in state institution, effect,

291.10 Cost-of-living adjustments, 291.325 Disabled veterans, 291.08 Discontinuance, 291.16 Eligibility, 291.02, 291.04, 291.08 Examination of pension rolls, 291.16 Fees, 291.28, 291.29, 291.30 Home guards of other states, 291.03 Investigation of claims, 291.13 Investigation of war records, 291.31 Payment, 291.22, 291.23, 291.32 Pension rolls, examination, 291.16 Pensioners from other states, 291.09 Proof of service, 291.02, 291.10, 291.12 Purging roll, 291.16, 291.17 Rates and amount provided by special acts, 291.05 Removal of pensioners from state, effect, 291.10 Reports, 291.14 Requirements, 291.02 Restoration to pension rolls, 291.11 Rulemaking authority, Division of Retirement, 291.21,

291.27 Scholarships for descendants, 240.403 Suspension, absence from state; restoration, 291.10,

291.11 Unlawfully obtaining, 291.06 War record, investigation, 291.31 Widows, 291.02, 291.04, 291.07

CONFIDENTIAL INFORMATION Abortion records, 390.002 Adoption proceedings, records, 63.162 Alcoholics or intoxicated persons, treatment records,

396.112 Banking and Finance, Department of; records, 119.07,

657.061, 658.10, 659.565 Bidder certification application, highway contracts,

337.14

CONFIDENTIAL INFORMATION (Cont.) Birth records, 382.35 Blind Services, Division of; vocational rehabilitation

records, 413.012 Cancer registry program, patients, 381.3812 Celery and Sweet Corn Marketing Act, 573.26 Child abuse, 827.07 Chiropractors, patient records, 455.241 Citrus coloring formula, 601.77 Code of Ethics complaints, investigations, 112.317 Community colleges

Direct-support organization, records, 240.331 Employee records, 240.337 Student records, 119.07, 228.093, 240.323

Controlled substances therapeutic research program, 402.36

Corrections, Department of; presentence investigation reports, 945.10

Cosmetology complaints, investigations, 477.027 Credit union records, 657.061 Crimes Compensation Commission records, 960.15 DATE centers, drug offenders, 397.096 Disabled person, mentally; abuse or maltreatment,

827.09 Drivers' physical or mental disabilities, Medical Advi­

sory Board reports, 322.125 Drivers' physical or mental disabilities, reports to High­

way Safety and Motor Vehicles Department, 322.126 Drug abuse treatment and education centers; identity of

offenders, 397.096 Drunkards and drunkenness, treatment resources, 396.-

112 Economic development records, 119.07, 288.075 Educational alternative program records, 230.2315 Elderly persons, adult protective services, 410.105 Election campaign financing complaints, 106.25 Electronic eavesdropping information, 934.08 Employees of the Legislature, 11.26 Energy Data Center records, 377.606 Estate tax returns, 119.07 Ethics Commission complaints, investigations, 112.322,

112.324 Evidence See: EVIDENCE CODE subtitle Privileges Examinations, government; questions, answers, 119.07 Florida state hospitals, records, 394.459, 394.467 Handicapped persons, cruelty, report, 827.09 Health and Rehabilitative Services, Department of

Information and records, juvenile proceedings, 39.12 Information and records, youth services, 959.225 Records of drug abuse treatment and education, 397.-

096 Home health services agencies, disclosure, 400.494 Hospice patient records, 400.613 Hospital inspection, 395.12 Human Relations Commission; complaints, records, 23.-

167 Human rights advocacy committees, access, 20.19 Husband and wife; handicapped persons, cruelty investi-

gations, 827.09 Identity of drug dependent at DATE centers, 397.096 Industrial development authorities, 288.075 Industrial savings banks, records, 656.211 Insurance

Claim files, Division of Risk Management, 284.40 Insurer examination reports, 119.07, 624.319 Life and Health Insurance Guaranty Association

records, 631.723, 631.724 Surplus lines, examining office, 626.921

464

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c INDEX c CONFIDENTIAL INFORMATION (Cont.)

Intercepted oral or wire communications, 934.08 Juvenile delinquents; fingerprints, photographs, 39.031 Juvenile proceedings, 39.12, 39.411 Library records; circulation, registration, 119.07,257.261 Massage complaints, investigations, 480.045 Medical information, release for research, 405.01, 405.02,

405.03 Mental health institutions, clinical records, 394.459,

394.467 Milk officers, information, 502.051 Misuse by public servant, elements of; penalty, 839.26 Motor vehicle accident reports, 316.066 Naturopaths, patient records, 455.241 Nurses, patient records, 455.241 Nursing home ombudsman committees; complaints of

abuse, 400.321 Optometrists, patient records, 455.241 Osteopathic physicians, records, 455.241, 459.017, 459.-

018 Personal property tax return, intangible property,

119.07 Petroleum allocation and conservation, proprietary in-

formation, 377.701 Physicians, records, 455.241, 458.339, 458.341 Podiatrists, patient records, 455.241 Pollution control records, 403.111 Pregnancy termination records, 390.002 Premarital medical examination, 741.0592 Private investigation agencies, 493.19 Professional liability claims or actions, reports, 624.432 Regents, Board of; search committees, 240.209 Residential care facilities, education programs, 402.22 Retarded persons, records, 393.13 Savings associations, books and records, 665.111 School graduation assessment records, 232.248 School health services program, student records, 402.32 Securities investigations, 517.201 Spouse abuse centers, 409.606 State attorney, executive order, 27.151 State institutions, microfilming, 402.19 State universities; employees' records, 240.253 Student records, 119.07, 228.093, 240.237 Taxation

Corporate income tax, 220.25 Estate tax, 198.09 Federal returns, 192.105 Information exchange, 195.084 Intangible personal property taxes, 199.222 Motor fuel taxes, 206.95 Nonproperty taxes, 214.21 Property tax returns, 193.074 Sales taxes, 213.072 Taxpayer records, 195.027

Trade secrets, 812.081 Unemployment compensation, 443.12, 443.16 University direct-support organization, 240.299 Veterinarians, records, 455.241 Victim, sexual offense, 119.07, 794.03 Vocational rehabilitation, records, 413.22 Watermelon marketing, 573.826 Wiretap information, 934.08

CONFLICT OF INTEREST Contracts for public printing, 283.02 Corporation directors, 607.124 County hospital trustees; purchase of supplies, 155.12 Ethics Commission See: CODE OF ETHICS

CONFLICT OF INTEREST (Cont.) Instructional Materials Council, members' affidavits,

233.08 Insurance Department, prohibited interests, 624.305 Judges or justices; causes for disqualification, 38.01, 38.-

02, 38.03 Lobbyists, oath, 11.05 Penal and correctional officers and employees, 944.38 Personal representative, 733.504, 733.610 Probate proceedings, personal representative, 733.610 Public defender, 27.53 Public officials and employees, purchase of supplies; bid

for public work, 839.08, 839.09, 839.091, 839.10 State employees and nonjudicial officers, A3 S18 State officers and employees; Transportation, Depart­

ment of; solicitation or acceptance of certain funds pro­hibited; exception; penalties, 337.045

Transportation Department, 337.04, 337.12 Trusts and trustees, power of court to approve transac­

tions involving, 737.403 Turnpike projects, employees of department; interest in

contracts, sale of property, etc., unlawful, 340.26 Vote requirements, governmental bodies; abstention pro­

hibited, exception, 286.Q12

CONFLICT OF LAWS Civil and criminal law, 11.2427

CONGRESS Congressional districts

Apportionment, 8.01 Census, U.S., official census for redistricting, 8.001 Definitions of terms used, 8.001 Division of state into fifteen districts, 8.01 Effective date of redistricting laws, 8.04 Election of Representatives to Congress, 8.03 Member of board or council, effect of redistricting on

term, 8.05 New counties, 8.02 Omitted areas; inclusion in surrounding or contiguous

district, 8.011 Severability clause of invalid portions, 8.06

Election of members Assessment by political parties, 103.121 Canvass of returns, 102.131 Representatives, 8.03 Senators, filling vacancies, 100.161 Special elections, 100.101, 100.102 Time, 99.081, 99.091 Vacancies, special elections procedures, 100.111

Legislation respecting state lands acquired by United States, 6.07

Motor vehicle license plates; special series, 320.0805 United States; state representatives; Attorney General

opinions, 16.52

CONSANGUINITY Relatives See: RELATIONSHIP AND RELATIVES

CONSERVATION Beach erosion control and restoration See: BEACH AND

SHORE PRESERVATION Big Cypress Area, 380.055 Conservation easement, 704.06 County commission, powers, 125.01 Districts, bonds, validation See: BONDS Environmentally endangered lands See: ENVIRON-

MENTALLY ENDANGERED LANDS

465

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c INDEX c CONSERVATION (Cont.)

Game and Fresh Water Fish Commission See: GAME AND FRESH WATER FISH COMMISSION

Local government growth management comprehensive plans, 163.3177

Outdoor recreation lands See: RECREATION AREAS Saltwater fish See: SALTWATER FISHERIES Soil and water conservation See: AGRICULTURE State purchases, life cycle cost of commodities, 287.083 Water See: WATER CONSERVATION

CONSERVATORS Absentees

Appointment, petition re; requirements, 747.03 Bond; requirements, 747.034 Circuit courts; jurisdiction to appoint, 747.02 Definition of absentee, 747.01, 747.0ll Discharge to operate as release, 747.04 Estate and property; appointment of conservator to

administer, 747.032 Evidence re absentee status, court to hear, 747.031,

747.052 Grounds necessary to appoint, 747.02 Guardian ad litem to represent absentee, court autho­

rized to appoint, 747.03, 747.031, 747.052 Guardians, law re; applicability to conservators, 747.-

034, 747.035, 747.036 Hearings re; requirements, 747.031, 747.052 Incompetent defined, 747.0ll Jurisdiction to appoint; circuit courts vested with,

747.02 Notice of hearings on petitions to appoint; method,

747.031 Oath, conservator required to take, 747.033 Order of appointment, 747.032 Petition for summary relief; form, 747.051 Powers and duties, generally, 747.035 Procedure for orders authorizing action by wife or next

of kin, 747.052 Resignation or removal; procedure, 747.036 Returns, final filing; requirements, effect, 747.04 Summary procedure for relief by wife or next of kin,

747.051 Termination of conservatorship, 747.04

Banks See: BANKS AND TRUST COMPANIES Curatorship See: GUARDIANS AND WARDS subtitle

Conservation of property Embezzlement by; penalty, 661.34 Military personnel as absentees, 747.01 Trust companies See: BANKS AND TRUST COMPA­

NIES War; civilian and military personnel as absentees, 747.01 World War veterans See: VETERANS

CONSERVATORS OF THE PEACE Judicial officers as, A5 S19, 901.01 Law enforcement officers See: LAW ENFORCEMENT

OFFICERS Sheriffs See: SHERIFFS

CONSIGNMENTS Commission merchants See: BUSINESS AND COM­

MERCE Obscene materials, condition of, 847.0ll Products, procuring on false representation; penalty,

817.14

CONSPIRACY Alcoholic Beverage Law, violations, 562.23 Criminal conspiracy; penalties, defense, 777.04 Florida meats, against, 544.06 Sabotage Prevention Law, 876.41 Workmen, against, 448.045

CONSTITUTION OF STATE OF FLORIDA Amendment procedure

Constitutional convention, All S4 Elections, All S5, 100.371, 101.161, 101.171 Initiative, All S3, 100.371 Legislative proposal, All S1 Revision commission, All S2, 286.035

Constitution of 1885, articles superseded, A12 S1, A12 S17

Game and Fresh Water Fish Commission, 372.021 Homestead exemption, real property taxation, 196.041 Public officers, 129.025 Public Service Commission, 350.01 Retirement systems, public, ll2.61 Revision procedure, All S4

CONSTITUTION OF UNITED STATES Administrative rulemaking, 120.54 Amendment

Constitutional convention See: CONSTITUTIONAL CONVENTIONS

Legislative action, A10 S1 Appeal, judgments construing, 924.08 Commerce Clause, 210.04, 403.851 Extradition, 941.02 Income tax, 220.02 Lands, acquisition by United States, 6.02 Municipal charter provisions contrary to; amendment,

166.031 Oath to uphold

Public employees, 876.05 Voter registration, A6 S3, 97.051 , 97.063

Presidential electors, 103.051 Process, service of, 49.0ll Schools, instruction requirement, 231.09, 233.061, 233.-

064, 233.09 Search and seizure, vehicles, 933.19

CONSTITUTION REVISION COMMISSION, All S2, 286.035

CONSTITUTIONAL CONVENTIONS Florida Constitution, revision; procedure, All S4 United States Constitution; amendment

Appropriation, 107.ll Convention; time, place, 107.08 Delegates

Candidates; qualification, etc., 107.04 Canvass of returns of election, 107.07 Compensation, 107.09 Election

Ballots, 107.05 Call for, 107.03 Canvass of returns, tie vote, 107.07 Clerks, 107.06 Date, 107.03 Generally, 107.03 Governor to call, 107.03 Officials, 107.06 Qualifications, 107.03

Fees, 107.04

466

Page 17: Florida Statutes 1979, Volume 4c INDEX c COMMERCIAL CODE (Cont.) Statute of frauds (Cont.) Formal requirements of contract, 672.201 Investment securities, 671.206, 678.319 Personal

c INDEX c CONSTITUTIONAL CONVENTIONS (Cont.)

United States Constitution; amendment (Cont.) Delegates (Cont.)

Number, 107.02 Organization, 107.09 Place of meeting, 107.08 Qualifications, 107.02, 107.04, 107.09 Term of office, 107.02 Time of meeting, 107.08

Expenses, 107.09 Manner in which constituted, 107.01 Minutes of proceedings, 107.10 Officers, 107.09 Powers, 107.09 Quorum, 107.09 Record of action, 107.10 Rules, 107.09

CONSTRUCTION CONTRACTORS Business organizations, qualifying agents, 489.119 Certification

Application, 489.115, 489.119 Business organizations, 489.119 Denial, 489.111, 489.129 Examination, 489.111, 489.113 Exemptions, 489.103 Fees, 489.109 Inactive status, 489.109 Issuance, 489.115 Qualifications, 489.111, 489.113 Renewal, 489.109, 489.115 Requirement, 489.113 Revocation or suspension, 489.129 Transfer, 489.113

Classifications, 489.105 Condominiums, implied warranty of fitness and mer­

chantability, 718.203 Construction Industry Licensing Board See: CON-

STRUCTION INDUSTRY LICENSING BOARD Continuing education programs, 489.109 Contractors, generally See: CONTRACTORS Cooperative housing, implied warranty of fitness and

merchantability, 719.203 Corporations, 489.119 Death of contractor, contract completion without license,

489.121 Definitions, 489.105 Disciplinary measures, 489.129, 489.131 Educational facilities contracts, 235.31, 489.125 Electrical contractors See: ELECTRICAL CON-

TRACTORS Exemptions from certification or registration, 489.103 Financial responsibility, 489.115 General regulatory provisions See: PROFESSIONAL

AND OCCUPATIONAL REGULATION Insurance, 489.115 Legislative purpose, 489.101 Legislative review, statutory provisions, 11.6105 Local regulation

Building permits, 489.113, 489.119, 489.131 Business organizations, 489.119 Certified contractors, 489.113 Disciplinary action, 489.131 Examinations, 489.113, 489.117, 489.131 Licensee status report, 489.123 Licensing, 489.113, 489.117, 489.131 Local regulatory boards, 489.131

CONSTRUCTION CONTRACTORS (Cont.) Local regulation (Cont.)

Occupational license, 489.113, 489.117, 489.119, 489.-131

Scope of authority, 489.131 Specialty contractors, 489.113, 489.131

Mechanical work, 489.131 Non-Florida licensed contractors, 489.115, 489.117 Partnerships, 489.119 Plumbing contractors See: PLUMBING Plumbing work, 489.131 Process, service on nonresident contractors, 489.117 Public construction projects, 489.125, 489.131 Registration

Application, 489.115, 489.117, 489.119 Business organizations, 489.119 Denial, 489.129 Emergency registration, 489.121 Exemptions, 489.103 Fees, 489.109 Inactive status, 489.109 Issuance, 489.115 Limited nonrenewable registration, 489.117 Renewal, 489.109, 489.115 Requirement, 489.113, 489.117 Revocation or suspension, 489.129 Scope of practice, 489.117 Special registration, 489.117 Specialty contractors, 489.113, 489.117

Specialty contractors, 489.113, 489.117, 489.131 Statewide practice, 489.113 Subcontracting requirements, 489.113 Unlawful acts; penalties, 489.127, 489.129

CONSTRUCTION INDUSTRY LICENSING BOARD Business organizations, licensing, 489.119 Contractors, generally See: CONSTRUCTION CON-

TRACTORS Creation, 489.107 Disciplinary measures, 489.129 Divisions, 489.107 Fees, establishment authority, 489.109 General provisions See: PROFESSIONAL AND OCCU-

PATIONAL REGULATION Licensee status report to local agencies, 489.123 Licensing, 489.115, 489.117, 489.119 Meetings, 489.107 Membership, 489.107 Records, admissibility as evidence, 489.113 Specialty contractors, certification, 489.113

CONSTRUCTION OF STATUTES See: STATUTORY CONSTRUCTION

CONSTRUCTIVE SERVICE See: PROCESS subtitle Service by publication

CONSULS AND CONSULS GENERAL Oaths, affidavits, and acknowledgments; administration,

92.50, 695.03

CONSULTANTS' COMPETITIVE NEGOTIATION Architects; contingent fee prohibition; form; violations,

287.055 Certification; findings, factors to consider, 287.055 Contracts, certain professional services for public

projects, 287.055 Definition of terms used, 287.055

467

Page 18: Florida Statutes 1979, Volume 4c INDEX c COMMERCIAL CODE (Cont.) Statute of frauds (Cont.) Formal requirements of contract, 672.201 Investment securities, 671.206, 678.319 Personal

c INDEX c CONSULTANTS' COMPETITIVE NEGOTIATION

(Cont.) Engineers; contingent fee prohibition; form; violations,

287.055 Evaluation, administrative procedures re; agency adop­

tion, 287.055 Exempt projects, 287.055 Land surveyors; contingent fee prohibition; form; viola­

tions, 287.055 New community districts, applicability, 163.621 Professional and technical services, purchase agreement,

287.057 Projects, proposed; competitive selection of firms, 287.-

055 Public access, 287.055 Public emergency, 394.905 Qualifications and performance data, annual statement

re, 287.055 Shore and beach preservation, project engineer, 161.091

CONSUMER COUNCIL, 570.543, 570.544

CONSUMER FINANCE LAW Accounts, examination, 516.11 Annual reports, 516.12 Applicability of law, 516.37 Assignment of wages to secure loans, 516.17 Banking and Finance, Department of

Consumer credit counseling service; purpose, 516.32 Employment of personnel, 516.03 Public records, 516.33 Rulemaking authority, 516.22 Transition period for licensees, 516.30

Books and records, 516.12 Borrower's loan statement in English, 516.15 Building and loan associations not within law, 516.01 Business excluded from operation of law, 516.01 Certified copies; licenses, orders, regulations, 516.22 Collection of loans, unreasonable tactics; revocation of

license, 516.29 Confession of judgment; taking by licensee, 516.16 Consumer Credit Counseling Service; purpose, 516.32 Consumer Finance Act, 516.001 Consumer protection generally, 516.31 Contents of notes and security taken by licensee, 516.16 Contracts, 516.07, 516.27 Credit life and disability insurance; compliance with

Credit Insurance Act, required, 516.35 Deficiency claims, limitations, 516.231 Definitions of terms used, 516.01 Duties of licensee, 516.15 Examination, 516.11 False publications, prohibited, 516.13 Files, examination, 516.11 Finance charge, 516.031 Injunctions; receivers, 516.23 Insurance or collateral, 516.20 Interest

Computation, 516.031 Consumer credit transactions, 516.02 Default on loan, 516.035 Definition, 516.20 Discount consumer financing, 516.031 Excess, effect, 516.031 False publication, 516.13 Guaranty, 516.21 Rates, 516.02, 516.031, 516.18, 516.21 Unpaid balance after maturity, 516.035

CONSUMER FINANCE LAW (Cont.) Interest (Cont.)

Wages, assignment, 516.26 Liability; reliance on order, rule, 516.221 License

Application, 516.03, 516.05 Display, 516.08 Duration, 516.05 Duties of licensee, 516.15 Fees, 516.03, 516.05 Investigation of applicant, 516.05 Issuance, 516.05, 516.34 Manager for each location licensed, 516.231 Place of business, change, 516.09 Posting, 516.08 Reinstatement, 516.07 Requirement, 516.02 Retail installment contracts, 516.31 Revocation, suspension, 516.07, 516.29 Surrender, 516.07

Lien for examination fees, 516.11 Loan repayment in equal monthly installments, 516.36 Managers; appointment, qualifications, 516.231 Monthly installment requirement, 516.36 Morris plan companies not within law, 516.01 Pawnbrokers, 516.01, 516.09 Payments prior to maturity, 516.15 Place of business, 516.09 Power of attorney; taking by licensee, 516.16 Preexisting contracts; effect on, 516.27 Principal, scheduled repayment of; maximum time limi­

tation, 516.20 Private Investigative Agency Act, loans not subject to

constraints, 493.11 Public disclosures of certain facts and orders, 516.33 Publications, false; prohibited, 516.13 Receipts; giving to borrowers, 516.16 Records of those engaged in small loan business, 516.12 Regulatory Trust Fund, 215.321 Release of mortgages on payment, 516.15 Repealed or amended law; effect of obligation of preexist­

ing contracts, 516.27 Reports, annual filing, 516.12 Restriction of guarantors or borrower's indebtedness,

516.21 Retail installment transactions and contracts, 516.31 Simulated process, circulation, 817.38 Statement to borrowers, 516.15 Term of loan, 516.20 Transactions governed, 516.37 Transition period for licensees, 516.30 Trust companies not within law, 516.01 Unreasonable collection tactics, 516.29 Violations of law; penalty, 516.19 Wage!>; assignment or purchase to secure loan, 516.17 Witness, examination under oath by official, required,

516.11

CONSUMER PROTECTION Antifreeze See: ANTIFREEZE Brake fluid See: BRAKE FLUID Building construction standards See: BUILDINGS Business opportunity sales See: BUSINESS OPPORTU-

NITY SALES Cemetery companies, regulation See: CEMETERIES

AND CEMETERY COMPANIES Commercial relations See: COMMERCIAL CODE Complaint clearinghouse, 570.544

468

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c INDEX c CONSUMER PROTECTION (Cont.) CONSUMER PROTECTION (Cont.)

Consumer credit financing See: CONSUMER FINANCE LAW

Consumer products or services; minimum value of prizes, list of winners, etc., 849.094

Cosmetics See: COSMETICS Crated items; statement of satisfaction upon delivery,

right of cancellation, 501.141 Credit cards See: CREDIT CARDS Credit collection agencies See: COLLECTION AGEN-

CIES Credit life and disability insurance See: INSURANCE Credit See: CREDIT Deceptive and unfair trade practices See: DECEPTIVE

AND UNFAIR TRADE PRACTICES Detergents, sale of; regulations, 403.061 Drugs See: DRUGS False pretenses and frauds See: FALSE PRETENSES Fence posts, treated, 501.90 Fire sales, 559.20, 559.21, 559.22, 559.23, 559.24, 559.25,

559.26 Food See: FOOD Free gift advertising; regulations, penalty for violations,

817.415 Going-out-of-business sale, 559.20, 559.21, 559.22, 559.23,

559.24, 559.25, 559.26 Hazardous substances See: HAZARDOUS SUB­

STANCES LAW Health studio services contracts, cancellation with

penalty, 501.012 Home improvement, sales and financing See: HOME IM­

PROVEMENT SALES AND FINANCE Home solicitation sales See: HOME SOLICITATION

SALES Insurance policyholder bill of rights, 626.9641 Invention development service contracts, 501.136 Licensing regulations See: LICENSES AND LICENSE

TAXES Medical devices See: MEDICAL DEVICES Milk and milk products, regulation See: MILK AND

MILK PRODUCTS Mobile homes

Inspection and warranties See: MOBILE HOMES sub­titles Construction standards; Warranty

Length, manner of determining, disclosure, 320.8335 Purchasers' warranty actions; cumulative remedies,

320.839 Motor vehicle sales finance See: MOTOR VEHICLE

SALES FINANCE COMPANIES Multiphasic health test centers practices, 483.305 Municipal regulatory fees re business, professional and

occupational services, 166.221 Nursing home ombudsman committees See: NURSING

HOMES Organizations, 501.131 Petroleum products sales See: PETROLEUM PROD-

UCTS subtitle Sale Pricing, consumer commodities, 501.135 Professions, complaints, 455.225 Real Estate Recovery Fund See: REAL ESTATE BRO­

KERS AND SALESMEN Repaired items, unclaimed; notice before disposal, 715.-

065 Retail installment sales See: RETAIL INSTALLMENT

SALES Retail purchaser; packaged materials received in unsat­

isfactory condition, right to cancel statement of satis­faction, 501.141

Retail sales; refund policy, consumer notice, 501.142 Sales, regulations re See: COMMERCIAL CODE subtitle

Sales Secured transactions See: COMMERCIAL CODE Statement of satisfaction upon delivery of crated items,

right of cancellation, 501.141 Trading stamps See: TRADING STAMPS Uniform Commercial Code See: COMMERCIAL CODE Unsolicited goods, 570.545 Usury See: USURY Weights and measures, standards See: WEIGHTS AND

MEASURES

CONTAGIOUS AND INFECTIOUS DISEASES See: HEALTH

CONTEMPTS Abstracts of title, failure to deliver, 703.14 Administrative hearing subpoena, noncompliance,

120.58 Alimony payments, 61.18 Child born out of wedlock, default of support payment,

742.08 Child support payments, 88.101, 88.231 Court

Committing magistrates, power to punish offender, 902.20

Criminal defense by court-appointed counsel, nonpay-ment of fees or costs, 27.561

Definition, 38.23 Grand jury See: GRAND JURY Power to punish, 38.22, 900.04

Courts-martial, 250.39 Criminal

Disclosure of grand jury testimony, 905.27 Elections Commission subpoena, failure to respond,

106.26 Elections Division subpoena, failure to respond, 106.23

Definition, 38.23 Eminent domain, 73.121 Grand jury contempts See: GRAND JURY Guardians, failure to file returns, 744.431 Habeas corpus, effect of returns, 79.06 Judges, 38.22, 38.23 Legislature, A3 S4, A3 S5 Notice to appear in lieu of arrest, failure to obey, 901.31,

901.32 Nuisances; abatement, 60.06 Power to punish

Committing magistrates, 902.20 Courts

Criminal jurisdiction, 900.04 Generally, 38.22 Juvenile cases, interfering with administration, 39.-

13, 39.412 Prohibition, disobeying writ, 81.021 Public Service Commission, 350.59, 350.61, 364.25 Sheriff, failing to keep execution docket, 30.17 Summons, failure of persons served to appear, 901.11 Witnesses; departing without leave, 914.03 Workers' compensation proceedings, 440.33

CONTEST Elections See: ELECTION CODE subtitle Contested elec­

tions National puzzle or other contests of skill or chance, par­

ticipation allowed, 849.09

469

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c INDEX c CONTEST (Cont.)

Wills, 732.517, 733.107

CONTINUANCE Assignment of error from orders allowing or refusing

motion, 59.06 Criminal prosecutions; joint defendants, 918.016 Legislature, counsel member of, 11.111

CONTRABAND Citrus plants, 581.182, 581.183 County detention facilities, 951.22 Mental hospitals, 394.458, 402.18 Plants under quarantine, 581.101 Prisons, 944.47 Transportation

Definitions, 943.41 Drugs and controlled substances, 893.12 Gambling devices, 849.231 Lottery tickets or games, 849.36 Moonshine whiskey, 562.27, 562.35 Motor fuel, tax evasion or avoidance, 206.205 Plants under quarantine, 581.101 Seizure and forfeiture of vessel, motor vehicle, or air­

craft, 943.43, 943.44 Uniform Contraband Transportation Act, 943.41 Unlawful activities, 943.42

CONTRACEPTIVES, 381.382

CONTRACTORS Bonds, Mechanics' Lien Law, 713.02, 713.23 Building Code, adoption; inspection fees; inspectors, etc.;

election, 125.56 Building construction See: CONSTRUCTION CON­

TRACTORS Construction contracts, indemnification from liability

for damages, 725.06 Construction Industry Licensing Board See: CON­

STRUCTION INDUSTRY LICENSING BOARD Drainage; bonds, 157.04, 157.21, 157.22 Electrical contractors See: ELECTRICAL CON­

TRACTORS Extra compensation claims, state contracts, 215.425 Farm labor contractors See: FARM LABOR CON­

TRACTORS Fire protective equipment contractors See: FIRE PRE­

VENTION AND CONTROL General contractors See: CONSTRUCTION CON­

TRACTORS Home improvement See: HOME IMPROVEMENT

SALES AND FINANCE Oil and gas liens See: LIENS Plumbing See: PLUMBING Prison personnel, acceptance of remuneration from;

penalty, 944.38 Public works

Bond, payment and performance, 255.05 Generally See: PUBLIC WORKS Income tax return, disclosure as precondition prohib­

ited, 286.041 Sales tax; dealer's permit, bond, etc., 212.14 Workers' compensation, 440.10

CONTRACTS Adult congregate living facilities See: ADULT CONGRE­

GATE LIVING FACILITIES Ambulance service contracts See: AMBULANCES

CONTRACTS (Cont.) Bids See: BIDS Bills of lading, carriers and shippers, 352.26 Budget planning, conduct of business; prohibited, 559.11,

559.13 Canal Authority, 374.161 Canal companies, consolidation, etc., 360.10 Carriers and shippers, bills of lading as evidence, 352.26 Chancery, declaratory decrees, orders, etc.; construction

before or after breach, 86.031 Citrus marketing agreements, 600.051 Code of Ethics violations; contracts voidable, 112.3175 Commercial relations See: COMMERCIAL CODE subti-

tle Contracts Construction contracts

Actions for, process, service by publication, 49.011 Indemnification from liability for damages, 725.06 Publicly owned buildings See: PUBLICLY OWNED

BUILDINGS subtitle Construction and construction contracts

Validity of; declaratory judgments, 86.021, 86.031 Consultants' competitive negotiation See: CONSULT­

ANTS' COMPETITIVE NEGOTIATION Conveyances of realty, unperformed contracts of record,

limitation, 695.20 Cooperative marketing associations, other associations

with, 618.19 Corporations, transactions with directors, 607.124 County commissioners See: COUNTY COMMISSION­

ERS subtitle Contracts County water system and sanitary sewer financing See:

COUNTY WATER SYSTEM AND SANITARY SEWER FINANCING LAW

Dead bodies, delivery after death; prohibited, 245.10 Drainage See: DRAINAGE BY COUNTIES Fair and exposition associations, 616.11 Falsifying, etc., 839.13 Health care See: HEALTH MAINTENANCE ORGA­

NIZATIONS Health facilities authorities; construction contracts,

154.215 Health studio services contracts, penalty-free cancella­

tion, 501.012 Home improvement See: HOME IMPROVEMENT

SALES AND FINANCE Home solicitation sales See: HOME SOLICITATION

SALES Homestead, purchase, A10 S4 Husband and wife, between, 708.09 Impairment of obligations, A1 S10 Insurance See: INSURANCE Invention development service; terms, etc., 501.136 Land, sale of; writing necessity, 725.01 Legal holidays defined, 683.01, 683.02 Life care See: LIFE CARE CONTRACTS Limitation of liability

Injuries to employees, 768.07, 768.08, 769.06 Railroad companies, 768.07 Telegraph companies, 363.02, 363.10

Limitations on Oral, 95.11 Provisions shortening period, 95.03 Unperformed contracts of record, 695.20 Written, 95.11

Loser's suit See: GAMBLING Marriage agreements in consideration, writing, 725.01 Materials and labor, public buildings, 255.04 Militia officer, 250.16

470

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c INDEX c CONTRACTS (Cont.)

Minors See: MINORS Mobile home lot rentals See: MOBILE HOMES subtitle

Mobile home parks New community districts, contractual powers, 163.621 Pleading voluntary payment to unenforceable obliga­

tion, 725.04 Private wire service, 365.04, 365.05, 365.07, 365.09 Professional service contracts See: CONSULTANTS'

COMPETITIVE NEGOTIATION Public printing See: PUBLIC PRINTING Public works; income tax return, disclosure as precondi­

tion prohibited, 286.041 Publicly owned buildings See: PUBLICLY OWNED

BUILDINGS subtitle Construction and construction contracts

Railroads See: RAILROADS subtitle Contracts Real estate

Dual contracts for sale of; prohibited; penalty, 877.10 Removal of clouds of certain unperformed contracts,

95.35 Sale of land, etc., in writing, 725.01 Unperformed contracts of record, limitation, 695.20

Records of agreements, 28.222 Rerecording, 695.15 Retain title contract; validity re vessel, vehicle, or air­

craft transporting contraband, 943.44 Rights, title, claim or interest, legal or equitable; enforce­

ment, actions; process; service by publication, 49.011 Road construction, bituminous materials cost adjust-

ment, 337.143 Schools See: SCHOOLS Shore and beach preservation, authority, 161.36 State agencies

Apprentices and trainees, 446.101 Employees, financial interest in agency contract; un­

lawful, 337.12 Purchases See: PURCHASING Transportation, Department of; maintenance or con­

struction; final payment; procedure, etc., 337.141 Tax assessment and collection services; approved bidder

list performance bond clause, etc., 195.095 Telegraph and telephone service, regulations, etc.,

364.07 Transportation Department; written change orders, re-

strictions, 337.11 Trusts, violation of law prohibiting, 542.10 Unenforceable contracts, 725.01 Unperformed, recorded, limitation, 695.20 Usurious See: USURY Void as to creditors, 726.01 Voidable when Code of Ethics violated, 112.3175 Wards See: GUARDIANS AND WARDS Wills, 732.701

CONTRIBUTION AMONG TORTFEASORS, UNI­FORM ACT, 768.31

CONTROLLED SUBSTANCES Abuse See: DRUG ABUSE Generally See: DRUGS

CONY ALESCENT HOMES See: NURSING HOMES

CONVENTIONS Constitutional See: CONSTITUTIONAL CONVEN­

TIONS

471

CONVENTIONS (Cont.) Convention halls, etc. ; consumption and display of alco­

holic beverages in; permit required, 561.421 Promotion, Division of Tourism, 288.34 State employees attending, travel and per diem computa­

tion; regulations, etc., 122.061

CONVERSION Carriers, liability, 355.09 Embezzlement See: EMBEZZLEMENT

CONVEYANCES See: DEEDS AND CONVEYANCES

COOPERATIVE ASSOCIATIONS Agricultural marketing See: AGRICULTURAL COOP­

ERATIVE MARKETING ASSOCIATIONS Agricultural nonprofit See: AGRICULTURAL, HORTI­

CULTURAL, AND VITICULTURAL ASSOCIA­TIONS, NONPROFIT

Cooperative housing See: COOPERATIVES Credit unions See: CREDIT UNIONS Mortgages, 697.03 Rural electric cooperatives See: ELECTRIC COOPER­

ATIVES

COOPERATIVES Actions

Attorney's fees, 719.111 Documents, bylaws, law; enforcement, 719.303 False or misleading information, limitation, 719.506 Statute of limitations, equity actions, 719.110 Unit owners' right of peaceable assembly infringed,

719.109 Advisory board, 719.501 Appurtenances, possession and enjoyment, 719.105 Arbitration procedures, purchase of leased facilities,

719.401 Assessments, 719.106, 719.108 Association

Access to units, 719.104 Accounting records, 719.104 Bid on foreclosed parcel, 719.108 Board of administration, 719.106 Budgets, 719.106 Contracts prior to transfer of control, cancellation,

719.302 Control, transfer to unit owners, 719.301, 719.302 Developer rights, 719.301 Fees, 719.501 Financial report, annual, 719.104 Internal affairs disputes, arbitration, 719.501 Irrevocable rights, repairs, 719.104 Lease obligation actions, issues and defenses, 719.401 Lien, unpaid assessments, 719.108 Meetings, 719.106 Officers and directors, 719.106 Powers, 719.106, 719.302 Relinquishments by developer upon control transfer,

719.301 Budget, 719.106 Building, existing; conversion from rental operation,

719.402, 719.503 Buyers

Cancellation rights, 719.502, 719.503 Prospectus, 719.504 Remedies for false, misleading information by devel­

oper, 719.506

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c INDEX c COOPERATIVES (Cont.)

Buyers (Cont.) Reservation agreements, 719.202, 719.502

Bylaws, 719.106 Caveats and legends, contracts for sale or lease, 719.503 Circuit court jurisdiction, errors and omissions in docu-

ments, 719.304 Common areas

Appurtenances, sharing, 719.105 Leases, 719.112, 719.401 Unit owners' use, 719.105, 719.106, 719.109 Waiver of use, 719.108

Common surplus, undivided share, 719.105 Complaints, 719.501 Condominiums See: CONDOMINIUMS Construction, developer's bond or escrow for taxes, 719.-

201 Contracts for operation, maintenance, management,

719.302 Contracts for sale or lease, disclosures, 719.503 Conversion of existing building, 719.402, 719.504 Cooperative Act, 719.101 Cooperative documents

Amendments, errors or omissions, 719.304 Common expenses, 719.107 Contents, 719.106 Enforcement of provisions, 719.303 Error or omission, correction procedures, 719.304 Phase development, 719.403

Damages, reliance on false or misleading information, 719.506

Definitions, 719.103 Description of leased land or property, 719.401 Developers

Bond or escrow for taxes, 719.201 Disclosures, 719.503, 719.504, 719.505 Escrow of sales deposits, 719.202 False, misleading information; publication, 719.506 Leasehold, creation of cooperative on, 719.401 Phase development, 719.403 Prospectus, disclosures and elements, 719.504 Reservation agreements, 719.202, 719.502 Sales contract, preclosing proceeds escrow legend,

719.202 Sales documents, filing, 719.502 Transfer of assets to association, 719.301 Unconscionable leases, common facilities, 719.112 Warranties, 719.203

Documents, excise tax, 201.02 Down payments, use restriction, 719.202 Elevators, inspection, 399.05, 719.508 Escalator clauses in contracts and leases, validity, 719.-

302, 719.401 Escrow agent, reliance on unit owner's written instruc­

tions, 719.303 Expenses, common; funds for payment, 719.107 False, misleading information; publication by developer,

719.506 Faulty documents, limitations on actions, 719.304 Fees, 719.106 Florida Land Sales and Condominiums, Division of; en-

forcement, 719.501 Foreclosures, liability for assessments, 719.108 Homestead tax exemption, A7 S6, 196.031, 196.041 Hotels and Restaurants, Division of; building regulation,

719.508 Implied warranty, 719.203

COOPERATIVES (Cont.) Injunctive action for document or chapter violations,

719.303 Lease, attorney's fee provision, 719.111 Leaseholds, 719.401, 719.504 Legislative intent, 719.102, 719.112 Lessees' remedies, false or misleading information by de-

veloper, 719.506 Lessees' rights of cancellation, 719.503 Liens for rent payable, enforceability, 719.401 Limitations of actions, 719.304, 719.506 Maintenance contracts, cancellation by association, 719.-

302 Management contract escalator clauses, validity, 719.-

302 Mortgage foreclosure, rent liens, 719.401 Offering circulars, disclosures and elements, 719.504 Phase projects, 719.403, 719.503 Presumption of unconscionability, recreation and com­

mon area leases, 719.112 Prospectus, 719.504, 719.505 Public lodging and food service establishments, regula-

tion, 719.508 Recording, evidence of ownership, 201.02 Recreation leases, 719.112, 719.401 Registry of court, accrued lease rent paid by unit owner,

719.401 Remedies for violation of documents or chapter, 719.303 Sales

Association control, transfer, 719.301 Brochures, caveat legend, 719.503 Deposits prior to closing, escrow, 719.202 False, misleading information publication, 719.506 Prior to completion of construction, 719.503 Prospectus, disclosures and elements, 719.504 Refunds to prospective purchaser, 719.502 Reservation agreements, 719.202, 719.502 Warranties, 719.203

Statute of limitations, equity actions, 719.110 Surveys, leased lands, 719.401 Taxation; developer's bond or escrow, preconstruction,

719.201 Transfer of units, fees, 719.106 Unit owners

Accounting records of association, inspection, 719.104 Assessment for common expenses, 719.107 Compliance obligation, remedies, 719.303 Contracts for operation, maintenance, management;

cancellation rights, 719.302 Conveyances, voluntary; liability for expenses, 719.108 Escrow agent; reliance, written instructions, 719.303 Insurance policies of association, inspection, 719.104 Lease obligation actions, issues and defenses, 719.401 Leased property, lease requirements, 719.401 Liability for assessments, 719.108 Liens, 719.108 Meetings, 719.106 Purchases by association, approval, 719.106 Representation in association, 719.301 Right of peaceable assembly, 719.109 Use and possession of property, 719.105 Voting rights, 719.106 Warranty benefits, 719.203

Units, modification of configuration or size, 719.106 Violations; penalties, 719.202, 719.501 Waiver of chapter provisions, restriction, 719.303 Warranties, 719.203 Zoning and building, construction of laws, 719.507

472

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c INDEX c

COPYRIGHTS Citrus, Department of, copyrights developed or held by;

vested interest created, 601.101 Community college employees, ownership and exploita­

tion, 240.319 Cooperative marketing associations, power to own, etc.,

618.07 Department of State powers, duties, and functions, 286.-

021, 286.031 Real estate law handbook, 475.04 Receipts are income; balance is principal, 738.11 Sound recordings, 540.11 State universities, ownership and exploitation, 240.229 Trade secrets privilege, Evidence Code, 812.081

CORN See: AGRICULTURAL PRODUCTS

CORNERS, RESTORATION OF See: PUBLIC LANDS subtitle Survey restoration and

perpetuation

CORONERS County court judge; duties as, 34.01 Death certificates, 382.10 False personation, 843.08 Inquests

Costs, 142.16 County judge, duties, 936.003 Definition of terms used, 936.002 Evidence, 936.003 Medical examiner, duties and responsibilities, 936.003 Open to public, 936.003 Petition by state attorney, 936.003 Procedure and verdict, 936.003 Purpose, 936.001 Witnesses, 936.003

Mileage, constructive, 30.27 Motor vehicle accidents involving death; duties, 316.065 Records; falsifying, 839.13

CORPORATE INCOME TAX Accounting

Adjustments re income, deductions, exclusions, appor­tionment, 220.44

Income, deductions or exclusions; regulations of Reve­nue Department, 220.43

Installment sales income; election of installment basis, 220.13

Items of income, deductions, exclusions, 220.43 Methods, 220.42 Revenue Department; authority to prescribe, 220.42

Adjusted federal income Affiliated groups of corporations, 220.131 Apportionment, generally, 220.15 Computation, 220.13 Consolidated returns, 220.131 Deductions, 220.13 Definition, 220.13 Exclusions, 220.13 Installment sales, 220.13 Refund re apportionment; application, computation,

220.15 Returns, federal; notice of adjustments, 220.23

Adjustments to income, deductions, exclusions, appor­tionment, 220.44

Administration Funding, 220.54

CORPORATE INCOME TAX (Cont.) Administration (Cont.)

Generally See: TAXATION subtitle Nonproperty tax administration

Rulemaking authority, 220.51 Statutory provisions, adoption, 220.53

Affiliated groups of corporations Adjusted Federal income, 220.131 Consolidated returns, election, computation, 220.131 Taxable income, 220.13

Amendments, 220.23, 220.24 Amount subject to tax defined, 220.11, 220.15 Apportionment

Adjusted Federal income, 220.131, 220.15 Income, adjustments, 220.44

Assessment of deficiencies, 220.23 Assignees of business or property of taxpayer; declara­

tions of estimated tax, requirements, 220.242 Assignees of business or property of taxpayer; returns

and notices, duty re, 220.22 Auditor General, information access, 220.25 Bank and savings association taxation

Adoption of parts three through six of code; application to franchise tax, 220.64

Commercial domicile in state; net income apportion-ment, 220.67

Commercial domicile outside state, 220.67, 220.69 Consolidated returns; filing permitted, 220.64 Credit against tax; proviso, 220.68 Definitions, 220.62 Discharge of liability re corporate tax, 220.65 Foreign; payment of tax, not required; exception,

220.69 Franchise tax; amount, procedure, etc., 220.63 Intangible tax; payment as credit against tax; proviso,

220.68 Bankruptcy, trustees in; duty re returns and notices,

220.22 Confidentiality of information, 220.242 Consolidated returns, 220.131, 220.14, 220.64 Controlled group of corporations; exemption, 220.14 Credits

Insurance Guaranty Association assessments, 631.719 Insurance premiums tax, 624.509, 624.510 Overpayments, 220.31, 220.34

Declarations Estimated tax See: CORPORATE INCOME TAX subti­

tle Estimated tax Preparators, 220.221

Deductions, accounting for, 220.43 Deficiencies, notices and assessment, 220.23 Definitions, 220.03, 220.12, 220.13, 220.15, 220.24, 220.34 Depository institutions, designation, 220.31 Director

Accounting re income, deductions, exclusions, appor­tionment; authority to adjust, 220.44

Consolidated returns, authority to require, 220.131 Net income, special election recomputation; approval

requirement, 220.12 Returns and records, etc.; authority to require, 220.22

Election Consolidated returns, 220.131 Installment sales, installment basis of accounting,

220.13 Net income, computation, 220.12

Estimated tax Amended declarations; increase or decrease in pay­

ments, 220.33

473

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c INDEX c CORPORATE INCOME TAX (Cont.)

Estimated tax (Cont.) Amendments to declarations, 220.24 Application of provisions re returns, declarations and

records, 220.242 Assessments, time of, 220.34 Confidentiality, 220.242 Credit for overpayment of taxes, regulations, 220.34 Declaration, 220.24, 220.241 Definition, 220.24 Extensions; payment, 220.33 Installments, number and due dates, 220.33 Payment dates, 220.33 Payments, regulations, penalties, 220.33, 220.34 Receivers, declarations of; requirements, 220.242 Records, 220.242 Special rules, 220.34 Tax, special definition, 220.34 Underpayments; penalties and interest, 220.34

Exclusions, 220.43, 220.44 Exemption, 220.14 Extensions, 220.222, 220.32 Federal income tax

Adjusted federal income, affiliated groups of corpora-tions, 220.131

Amendments, effect, 220.03 Application of concepts, 220.02 Apportionment; adjusted federal income, generally,

220.131, 220.15 Determinations re income, deductions or exclusions;

reference to, 220.43 Refund re apportionment; application, computation,

220.15 Returns, adjustments, 220.23

Franchise tax re banks and savings associations; amount, procedure, etc., 220.63

Health facilities authorities, liability, 154.233 Imposition, 220.11 Income, 220.43, 220.44 Income Tax Code, 220.01 Information returns; filing requirement, 220.22 Installment sales income, 220.13 Institutions, depository; payment, designation, Revenue

Department, 220.31 Interest, 220.32, 220.34 Internal Revenue Code, 220.03 Legislative intent, 220.02, 220.03, 220.52 Methods of accounting, 220.42 Net income

Accounting methods, 220.42 Adjustments, 220.44 Computation, 220.12 Election, alternate method of accounting, generally,

220.12 Exemption, 220.14 Imposition of tax, 220.11 Subject to tax, adjustments, 220.23

Notices of deficiency, 220.23 Notices, taxpayer

Adjustments to Federal returns, 220.23 Duties of receivers, trustees in bankruptcy, assignees,

220.22 Perjury, 220.221 Preparator's declaration, 220.221 Rules and regulations, 220.21 Signing, 220.221 Verification, 220.221

Overpayments, 220.31, 220.34

474

CORPORATE INCOME TAX (Cont.) Partnerships, 220.02, 220.22, 220.221 Payments

Amount, 220.31 Credits, 220.31 Depository institutions, 220.31 Due date, 220.31 Estimated tax, 220.31, 220.33, 220.34 Installments of estimated tax, 220.33 Interest re extensions, 220.32 Overpayments, credit, 220.31 Place of payment, 220.31 Regulations, 220.31 Tentative tax, 220.31, 220.32

Payroll factor, apportionment of adjusted Federal in-come, 220.15

Penalties, underpayments of estimated tax, 220.34 Perjury re returns and notices, 220.221 Place of filing returns, 220.222 Preparators' declarations, 220.221 Property factor, apportionment of adjusted Federal in­

come, 220.15 Rate, 220.11 Receivers; declarations of estimated tax, requirements,

220.242 Receivers; duty re returns and notices, 220.22 Records

Declarations of estimated tax, 220.242 Returns, etc.; authority of director to require, 220.22 Taxpayers; rules and regulations, 220.21

Refunds, 220.15, 220.23 Rental income, inclusion in sales, 220.15 Returns

Amended returns, 220.23 Assignees of property or business of taxpayer; duty to

file, 220.22 Auditor General access, 220.25 Bank and savings association franchise tax, regula­

tions, 220.64 Consolidated, exemption, 220.14 Consolidated returns, director's authority to require,

220.131 Duty to file, 220.22 Extensions, 220.222, 220.32 Federal returns, adjustments to; notice, 220.23 Filing requirements, 220.22, 220.222 Information returns; filing requirement, 220.22 Partnership information returns; filing requirements,

220.22 Perjury, 220.221 Place of filing, 220.222 Preparator's declaration, 220.221 Receivers; duty to file, 220.22 Rules and regulations, 220.21 Signing, 220.221 Tentative tax, 220.32 Time of filing; extensions, 220.222 Trustees in bankruptcy; duty to file, 220.22 Verification, 220.221 Written request re extension of time, 220.222

Revenue, Department of Accounting methods, authority to prescribe, 220.42 Accounting re income, deductions or exclusions; regu­

lations, 220.43 Affiliated groups of corporations; election to consoli­

date taxable income, regulations re consents, 220.-131

Amended returns or reports, regulations, 220.23

Page 25: Florida Statutes 1979, Volume 4c INDEX c COMMERCIAL CODE (Cont.) Statute of frauds (Cont.) Formal requirements of contract, 672.201 Investment securities, 671.206, 678.319 Personal

c INDEX c CORPORATE INCOME TAX (Cont.)

Revenue, Department of (Cont.) Consolidated returns, election to file; regulations re

consents, 220.131 Controlled group of corporations; allocation of exemp­

tion, 220.14 Declarations of estimated tax; form and amendments,

regulations, 220.24 Depository institutions for payment, designation,

220.31 Estimated tax payment requirements, application to

certain taxable years; regulations, 220.33 Extensions of time, granting, 220.222 Federal returns; authority to require copies, 220.23 Net income, special election re computation; regula-

tions, 220.12 Payments of tax, regulations, 220.31 Returns and records, 220.21, 220.222 Rulemaking authority, 220.51 Tentative returns, regulations, 220.32

Royalty income, inclusion in sales, 220.15 Rulemaking authority, 220.51 Sales, 220.13, 220.15 State bonds, tax liabilities re certain incomes, 215.76 Statements, taxpayer; rules and regulations, 220.21 Subsidiary company See: CORPORATE INCOME TAX

subtitle Affiliated groups of corporations Tax, imposition; rate, 220.11 Taxable income, 220.13, 220.131 Taxable year, 220.41 Taxpayer

Assignees of business or property; declarations of esti­mated tax, requirements, 220.242

Assignees of business or property; returns and notices, duties re, 220.22

Records of; rules and regulations, 220.21 Tentative tax, 220.31, 220.32 Time for filing, 220.222, 220.23, 220.241 Trustees in bankruptcy, 220.22, 220.242

CORPORATIONS Abuse of powers, 607.271 Accounting statements; retention period, shareholder in-

spection, etc., 607.157 Acknowledgments; prescribing the form, 695.25 Acquittances for debts, 692.01 Actions

Corporate charter forfeitures, connection with orga-nized crime, 932.60

Deadlock; shareholders' action to dissolve, 607.274 Dissenting shareholder appraisal rights, 607.247 Equitable appointment of receivers, 56.10 Estoppel from defense of lack of legal organization,

607.401 Indemnification of certain persons, 607.014 Malicious destruction or theft of property by minor,

damages, 741.24 Process See: CORPORATIONS subtitle Process, ser­

vice Venue, 47.051

Administration of law, 15.13, 607.371 Agents See: CORPORATIONS subtitle Officers and

agents Annual report

Contents of and due date, 607.357 Execution of, effect, 607.357 Failure to file, 607.271, 607.344, 607.357 Forms, 607.381

475

CORPORATIONS (Cont.) Appeals from Department of State rulings, 607.374 Appearance; failure to appear, 901.14 Applicability of law to existing corporations, 607.404 Architecture practice, 481.219 Articles of incorporation

Actions of directors without meeting, 607.134 Amendment

Delivery and filing, 607.187 Effective date, 607.191 Execution procedures and signatories, 607.187 Fees payment as prerequisite to filing, 607.187 Legal effect, 607.191 Limited corporate life, expiration; extension, 607.-

297 Preferred shares series resolution, 607.047 Procedure; resolution, notice, and vote, 607.181 Reorganization confirmed or decreed by court, 607.-

197 Simultaneous with restatement, 607.194 Statements set forth, execution, etc., 607.187 Subject matter of, 607.177 Voting, class and series within class, 607.184

Bylaws, 607.081 Certificate of incorporation See: CORPORATIONS

subtitle Certificate of incorporation Consolidation articles deemed original, 607.231 Contents, 607.164 Cumulative voting rights, 607.097 Directors duties, powers, and qualifications, 607.111 Executive committee, 607.127 Filing fees, payment, 607.164 Fraudulent procurement, 607.271 Incorporators names and addresses, 607.164 Incorporators, sign and deliver, 607.161 Integration of amendments into restatement docu-

ment, 607.194 Majorities and supermajorities, 607.121 Mandatory and discretionary contents, 607.164 Merger deemed amendment to, 607.231 Powers granted by statute, 607.011 Preemptive rights of shareholders, 607.077 Purposes in aid of governmental policy, 607.011 Quorum of shareholders, 607.094 Redeemed shares, cancellation, 607.204 Registered office and registered agent, 607.164 Reorganization confirmed or decreed by court, 607.197 Restatement; adoption, execution, and filing, 607.194 Stated capital reduction, 607.207 Subject matter of amendment, 607.177 Supermajority voting, 607.387

Assets Conveyance, sale, or disposal by liquidating receiver,

607.277 Distribution

Cash or in kind, 607.261 Creditors claims, failure to timely file, 607.284 Excess of restricted amounts, liability, 607.144 Unknown or disabled creditors and shareholders,

607.294 Marshaling of

Corporation duties, 607.261 Receiver's duties, 607.277 Shareholders and subscribers liabilities, 607.074

Misapplication or waste, 607.274 Mortgage or pledge of, 607.237 Powers re, 607.011 Preferential claim of certain classes of shares, 607.044

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c INDEX c CORPORATIONS (Cont.)

Assets (Cont.) CORPORATIONS (Cont.)

Redelivery upon discontinuance of dissolution, 607.287 Sale, 607.241, 607.244

Attachment, subject to, 76.02 Bank service corporations See: BANKS AND TRUST

COMPANIES Banks, general corporation law applicable, 654.001 Benevolent See: NONPROFIT CORPORATIONS Bills of sale, deeds, mortgages, etc., in which name incor-

rect, 694.12 Bondholders' committees, 69.021 Bonds, 69.021, 607.011, 657.161 Books

False entries in books, 817.15 Location, inspection, etc., 607.157 Transfer books, closing dates, 607.087 Used as evidence, 817.21

Budget planning, conduct of business; prohibited, 559.11 Business conducted in fraudulent or illegal manner, 607.-

271 Business transactions by foreign corporations, 607.304 Bylaws

Adoption, alteration, amendment, or repeal, 607.081 Directors, number of, 607.114 Generally, 607.011 Meetings of directors, regular and special, 607.131 Officer election procedure, dual officeholding, 607.151 Shareholders, effect, 607.081, 607.084

Cancellation of redeemed shares, statement execution and filing, 607.204

Capital stock See: CORPORATIONS subtitle Shares Capital surplus, funds allocated to; restriction, 607.061 Certificate of incorporation

Articles of incorporation See: CORPORATIONS subti-tle Articles of incorporation

Conditions precedent to issuance, compliance, 607.171 Counterfeiting, 831.01 Dissolution See: CORPORATIONS subtitle Dissolu­

tion Evidentiary value, 607.171 Forfeiture of charter and revocation of permit; connec­

tions with organized crimes, 932.59, 932.60 Forgery, prohibition, 831.01 Revocation; nonpayment of taxes re leasehold interest

in government property, 196.199 Certificates representing shares; issuance, signatories,

statements, etc., 607.067 Cessation of activity, 607.261, 607.267 Change of name, 615.17 Charter certification; fee, 15.09 Charter forfeiture, grounds, 607.271 , 812.035, 932.58,

932.60 Circuit court jurisdiction re involuntary dissolution and

liquidation, 607.274 Classification of directors, restrictions, 607.114 Clearing corporation, fiduciary deposit of securities in;

requirements, records, etc., 518.115 Clearing corporation stock; bank and trust company in­

vestment in, limitation, 659.20 Collection agencies See: COLLECTION AGENCIES Combinations against Florida meats; charter, forfeiture,

544.02 Commencement of existence, 607.167 Commercial discrimination, 540.04, 540.05 Commercial relations See: COMMERCIAL CODE subti­

tle Corporations

476

Common law business trusts, merger into wholly owned subsidiary corporation, 609.08

Condemnation of property, compensation, A10 S6 Conditions precedent to incorporation; compliance, con­

clusive evidence of, 607.171 Consent of shareholders in lieu of meeting, 607.394 Consent to voluntary dissolution, written; all sharehold­

ers agreeing, 607.254 Consolidation

Abandonment prior to filing articles of, 607.221, 607.-234

Articles of; content, execution, and filing, 607.224 Dissenting shareholders right, 607.244 Domestic corporations, 607.217 Foreign and domestic corporations, 607.234 Legal effect of; rights, privileges, immunities, fran-

chises, and liabilities, 607.231 Name, effect on, 607.024 New corporation shares, etc., 607.217 Plan of; contents, terms, and conditions, 607.217 Profit and nonprofit corporations, 617.051 Shareholder approval, 607.221 Shares; classification, exchange, or cancellation, 607.-

224 Stated capital, effect on, 607.061

Construction contracting, 489.119 Contracts and conveyances

Acknowledgment, 689.01 Assets sale, abandonment by directors, 607.241 Deeds, other instruments re realty; validation, 692.04 Director conflict of interest, 607.124 Execution, 692.01 Lack oflegal organization as defense estopped, 607.401 Merger or consolidation effects on, 607.231 Seal, 692.02 Ultra vires, assertion of, 607.021 Validation

Execution and acknowledgment, 695.05 Name incorrect, 694.12 Signature, 831.01 Venue, 695.06

Conveyances See: CORPORATIONS subtitle Contracts and conveyances

Corporate income tax See: CORPORATE INCOME TAX Court appointed receivers, qualifications and bond, 607.-

281 Court ordered reorganization, amendments to articles of

incorporation, 607.197 Credit union investments in certain bonds, 657.161 Creditors and claimants

Dissolution proceedings, failure to file timely, 607.284 Judgment and execution, .unsatisfied, 607.274 Notice of dissolution, 607.261 Proof of claim, oath; filing date, 607.284 Proxies held by, 607.101 Recorded mortgage, lien, perfected security interest,

etc., 607.284 Unknown or disabled, distributive portion of assets,

607.294 Cumulative voting procedures, 607.097, 607.117 Date, commencement of existence; alternatives, 607.167 Deadlock of directors or shareholders, 607.27 4 Debts due, subscription for shares treated as; collection

procedure, 607.051 Default of share subscriptions, 607.051 Deficits arising from losses, surplus applied to, 607.211 Definitions of terms used, 607.004

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c INDEX c CORPORATIONS (Cont.)

Department of State Amendments to articles of incorporation, filing proce­

dures, 607.187 Annual reports, conformation to requirements, 607.-

357 Appeals from rulings of, 607.374 Articles of incorporation filed with, 607.164 Consolidation, articles of; filing, 607.224 Corporate names, 607.024, 607.027 Corporation laws, supervision, 15.13 Disapproval of any articles or documents, appeal pro­

cedures, 607.374 Dissolution articles, filing, 607.267 Evidentiary value of certificates and documents, 607.-

377 Filing of corporate documents, procedure, 607.384 Foreign corporation application for authority, filing,

607.317 Forms promulgated by, 607.381 Incorporators, delivery of articles of incorporation,

607.161 Involuntary dissolution; grounds, notice, reinstate-

ment, etc., 607.271 Judgment of dissolution filed by clerk of court, 607.291 Merger, articles of; filing, 607.224 Powers generally, 607.371 Redeemed or reacquired shares, cancellation state­

ment, filing, 607.204 Registration of foreign corporation name, 607.031 Reorganization decreed by court, amendments to arti-

cles of incorporation, 607.197 Rules, promulgation, 607.371 Shares issued in series, filing resolution re, 607.047 Subsidiary corporation merger articles, delivery and

filing, 607.227 Voluntary dissolution, 607.251 Withdrawal of foreign corporations, 607.341

Derivative actions See: CORPORATIONS subtitle Stock­holders' derivative actions

Directors Actions without meeting, written consent in minutes,

607.134 Amendments to articles of incorporation, 607.181,

607.187 Assent to actions at meeting, presumption and rebut-

tal, 607.111 Assets, sale of all or substantially all, 607.241 Business transactions, quorum, 607.121 Bylaws adoption, alteration, amendment, or repeal,

607.081 Classification of, 607.114 Compensation, 607.111 Conflict of interest recontracts and conveyances, 607.-

124 Consent to action without meeting, effect, 607.134 Consideration for shares, determination of value, 607.-

054 Consolidation resolution terms and conditions, 607.217 Deadlock threatening irreparable injury, 607.274 Dividend or asset distributions in excess of restricted

amounts, 607.144 Dividends, declaration of, 607.137 Election, 607.097, 607.114 Executive committee, designation of; power restric­

tions, 607.127 Good faith actions, 607.111 Indemnification, 607.014, 607.271

477

CORPORATIONS (Cont.) Directors (Cont.)

Initial board and successors, 607.114 Joint and several liability for certain actions; right of

contribution, 607.144 Liquidation, distribution of assets in excess of re-

stricted amounts, 607.144 Loans and other assistance to, 607.141 Majority and supermajority, 607.121 Meetings; time, place, notice, etc., 607.131 Merger resolution and plan, 607.214, 607.227 Minutes of meetings, 607.157 Mortgage or pledge of assets, 607.237 Notice and waiver of notice re meetings, 607.131 Notices and demands delivered to chairman of board,

607.041 Number, fixing of, 607.114 Officers See: CORPORATIONS subtitle Officers and

agents Ordinarily prudent person, 607.111 Organization meeting, notice and agenda, 607.174 Powers, duties, and qualifications, 607.111 Property transfers after dissolution, 607.301 Quorum to conduct business, 607.121, 607.124 Reacquired shares, cancellation, 607.204 Reliance on information, reports, certain persons, etc.,

607.111 Removal of officers and agents, 607.154 Removal with or without cause, 607.117 Reorganization plans decreed by court, effect on, 607.-

197 Restatement of articles of incorporation; adoption, exe-

cution, and filing, 607.194 Revocation of dissolution resolution, notice, 607.264 Right of contribution, certain instances, 607.144 Shareholder agreements controlling certain actions,

effect, 607.107 Stated capital, reduction of, 607.207 Stock rights and options, 607.057 Subscriptions for shares, calls for payment, 607.051 Subsidiary corporations, merger resolution and execu-

tion, 607.227 Surplus reserves created or abolished, 607.211 Telephone conference meetings, participation, 607.131 Transfer books, closing and fixing record date, 607.087 Trustees of dissolved corporation, 607.301 Ultra vires, assertion of, 607.021 Vacancies, filling, 607.114 Valuation of consideration for shares conclusive in ab­

sence of fraud, 607.054 Voluntary dissolution, 607.251, 607.257

Dissenting shareholders rights Acquisition of shares, 607.017 Actions giving rise to; exceptions, 607.244 Actions taken without meeting, 607.394 Appraisal, court ordered; judgments, costs, and ex­

penses, 607.247 Dissent as to less than all shares registered, 607.244 Domestic and foreign corporation merger or consolida­

tion, 607.234 Exercise of, time limitations, notice, etc., 607.247 Foreign and domestic corporation merger or consolida­

tion, 607.234 Inapplicable in certain instances, 607.244 Merger of common law business trust into wholly

owned subsidiary corporation, 609.08 Sale of all or substantially all assets, 607.241 Statement in merger or consolidation plans, 607.221

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c INDEX c CORPORATIONS (Cont.)

Dissenting shareholders rights (Cont.) Subsidiary corporation merger, 607.227 Timeliness of objection or demand, 607.247 Withdrawal of dissent, 607.247

Dissolution Annual report or fees, failure to file, 607.357 Articles of; contents and execution, 607.267 Assets; collect, convey, and dispose, 607.261 Conveyances validated; exceptions, 692.03, 692.04 Court supervision, application for, 607.261, 607.274 Creditor claims, 607.284 Director's liability for improper asset distribution,

607.144 Discontinuance when cause no longer exists, 607.287 Expiration of limited life corporation, 607.297 Fairs and expositions, procedure, 616.051, 616.07 Foreign corporations, ancillary receiver appointment,

607.277 Involuntary

Causes of action, 607.274 Certificate of incorporation, 607.171 Circuit court decree in action filed by Attorney Gen-

eral, 607.271 Circuit court jurisdiction, 607.274 Department of State order, grounds, 607.271 Insolvency, 607.274 Judgment; corporate existence ceases, 607.291 Receiver's duties, powers, and compensation, 607.-

277 Reinstatement procedure and fee, 607.271

Judgment filed by clerk of court, 607.291 Legal effect of, 607.267 Liabilities and obligations; pay, satisfy, and discharge,

607.261, 607.277 Notice to creditors and claimants, 607.261 Process, service after, 48.101 Property transfers after, 607.301 Receiver's duties, powers, and compensation, 607.277 Remedies surviving, limitations, 607.297 Timely filing of creditor claims, 607.284 Trustees' powers and duties, 607.301 Ultra vires, assertion of, 607.021 Unknown or disabled creditors and shareholders, dis­

tributive portions, 607.294 Voluntary

Act of the corporation, directors, and shareholders, 607.257

Articles preparation, contents, execution, etc., 607.-267

Business not commenced, shares unissued, 607.251 Execution of articles of dissolution, 607.251 Revocation procedures and effect, 607.264 Shareholders, written consent of all, 607.254

Distributive portions of. unknown or disabled sharehold­ers and creditors, disposition, 607.294

Dividends Cash sources, restrictions and identification of, 607.137 Cumulative, preferred, etc., 607.044 Declaration while insolvent or causing insolvency pro-

hibited, 607.137 Fractional shares, 607.071 Insolvency as result, prohibited, 607.137 Payment in excess of restricted amounts, liability,

607.144 Principal or income, 738.06 Shares or property used in payment of, 607.137 Surplus reserves, 607.211

478

CORPORATIONS (Cont.) Dividends (Cont.)

Transfer books, closing and fixing record date, 607.087 Document filing fees, schedule of, 607.361 Donations, 607.011 Educational cooperative scholarship plans See: EDUCA­

TIONAL COOPERATIVE SCHOLARSHIP PLANS Effect of failure by corporation to answer summons,

901.14 Elections offenses; discharge or threaten employee with

discharge for voting or not voting, 104.081 Electrical contractors, 489.521 Eminent domain See: EMINENT DOMAIN Employees

Blacklisting, 351.20, 351.21, 351.22, 351.23, 351.24 Coercion to compel trade with particular person, etc.,

488.03 Corporations affected by law, 351.24 Discrimination, employment, 23.167 Duties of corporations as to discharged employees,

351.22 Employment discrimination, 448.075, 448.076 Employment practices, unlawful, 23.167 False entries in books; penalty, 817.15 Fraudulent issue of stock certificates; penalty, 817.19 Indemnification, criteria and procedure, 607.014 Issuing stock, etc., beyond authorized amount; penalty,

817.20 Liability for personal injuries; where relief depart-

ment maintained, 768.08 Loans and other assistance to, 607.141 Omission to record issue, etc., stock; penalty, 817.15 Optometrists, 463.014 Pensions, incentive plans, etc., 607.011 Responsibility of corporation for acts, 351.21 Rights of discharged employees, 351.20 Statement to, on demand, 351.23 Stock rights and options, 607.057 Unemployment compensation See: UNEMPLOY­

MENT COMPENSATION Workers' compensation See: WORKERS' COMPEN­

SATION Engineering practice, 471.021, 471.023 Estoppel, lack of legal organization as defense to action,

607.401 Evidence, books of corporation, as, 817.21 Evidentiary value of certificates and documents, 607.377 Excise tax on shares, 201.04 Executions against; generally, 56.09, 56.10 Executive committee, designation of; power restrictions,

607.127 Executors, guardian, trustee, etc.; personal liability for

calls, 659.13 Existence, commencement of, 607.167 Existing corporation, applicability of law, 607.404 Expenses; organization, reorganization and underwrit-

ing, 607.064 Expiration of period of duration, limitations re survival

of remedies, 607.297 Fairs and expositions, 616.15 False entries on books, penalty, 817.15 Federal Deposit Insurance Corporation See: BANKS

AND TRUST COMPANIES Federal employer's identification number, 119.092 Fees, 607.164, 607.361 Fictitious names, registration, 865.09 Fiduciaries holding shares in trust, liability for consider­

ation, 607.074

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c INDEX c CORPORATIONS (Cont.)

Fiduciary security transfers, uniform law See: FIDUCI­ARIES

Filing corporate documents, procedure, 607.384 Financial statements; retention period, shareholder in­

spection, etc., 607.157 Fiscal or transfer agents, 660.01 Florida Credit Union Guaranty Corporation See:

CREDIT UNIONS Foreign

Actions by or against, 607.304, 607.354 Activities not considered transactions ofbusiness, 607.-

304 Ancillary receiver appointed by circuit court, 607.277 Appeals from Department of State rulings, 607.374 Application of law, 607.351 Articles of incorporation amendment, 607.331,607.344 Authority to do business

Amendments, form and content of application, 607.-337

Content and form, execution, 607.317 Corporate name, contents of, 607.311 Delivery and filing, 607.317 Effect of, 607.307, 607.321 Merger survivor, new or amended certificate, 607.-

334 Procurement from Department of State, 607.304 Revocation, suspension, 607.321, 607.344 Time of filing amendments, 607.337 Transacting business without, 607.354

Business transactions, 607.304 Capital stock tax, 607.367 Certificate of revocation, disposition and effect, 607.-

347 Change of corporate name, restrictions, 607.314 Combination against Florida meats, 544.02 Combinations in restraint of trade, 542.04 Consolidation with domestic corporation, procedures

and effect, 607.234 Conveyances by; validation, 692.03 Department of State, process served on, certain in­

stances, 607.341 Dissolution See: CORPORATIONS subtitle Dissolu-

tion Duties, restrictions, liabilities, and penalties, 607.307 Failure to obtain authority to do business, 607.354 Foreign trade zones, 288.36, 288.37, 288.38 Income tax See: CORPORATE INCOME TAX Legal proceedings, maintenance or defense, 607.354 Merger, survivor; filing articles, time of, 607.334 Merger with domestic corporation, procedures and ef-

fect, 607.234 Name

Change of, 607.314 Contents of, similarity to other corporations, 607.311 Registration, 607.031 Renewal of registration, 607.031

Notice re violations and pending revocation of author-ity, 607.344

Officers, 607.317, 607.341 Permit revocation, 196.199 Powers, rights, and privileges, 607.307 Process, service on, 48.091, 607.327, 607.341 Realty conveyances, validity; limitations, 692.03 Recovery of past due taxes and penalties, Attorney

General's suit, 607.354 Registered agent, 48.091, 607.324, 607.341 Registered office

479

CORPORATIONS (Cont.) Foreign (Cont.)

Registered office (Cont.) Change, 607.324 Notice of revocation of authority to do business, 607.-

344, 607.347 Office hours, 48.091 Requirement, 48.091, 607.324

Sureties on employment bonds, 452.02 Taxes and fees, liability and penalties, 607.354 Transaction of business, exceptions, 607.304 Validation of conveyances, 692.03 Venue of actions, 47.051 Violation of law relating to motor vehicle financing,

545.09 Violations, notice to correct, 607.344 Withdrawal application, 607.341

Foreign trade zones, 288.35 Forfeiture of charter; violation of antitrust law, 542.02 Forgery, charter; prohibition, 831.01 Forms for filings, reports, etc., 607.381 Fraudulent conveyances; effect on good faith purchasers,

692.01 Garnishment, 77.01 General Corporation Act, 607.001 General powers, 607.011, 607.164 Grandfather rights, 607.351, 607.404 Grounds for involuntary dissolution, 607.271 Holding corporations, right of Insurance Department to

examine, 624.317 Housing development corporations See: HOUSING Income tax See: CORPORATE INCOME TAX Incorporators

Amendments to articles of incorporation, execution of, 607.187

Name and address, 607.164 Number of, 607.161 Persons or entities serving as, 607.011, 607.161 Voluntary dissolution prior to commencement of busi-

ness, 607.251 Increments in capital stock, tax schedule, 607.364 Indemnification of officers, employees, directors, and

agents, 607.014 Industrial development corporations See: INDUSTRIAL

DEVELOPMENT CORPORATION Industrial savings banks See: INDUSTRIAL SAVINGS

BANKS Insolvency

Dividends prohibited, 607.137 Involuntary dissolution, 607.274 Liquidation of assets, 607.274 Redemption or purchase of redeemable shares prohib­

ited, 607.201 Share purchases by entity prohibited, 607.017

Insurance companies See: INSURANCE COMPANIES Intangible tax information reports, securities holders,

199.062 Interstate commerce, limited application, 607.407 Irreparable injury suffered or threatened by director or

shareholder deadlock, 607.274 Judgment of dissolution; corporate existence ceases, 607.-

291 Land surveying practice, 472.021, 472.023 Landscape architecture practice, 481.319 Law, applicable to all corporations, 617.19 Legal proceedings, entity status in, 607.011, 607.304,

607.354, 607.357 Legislative purposes, 607.007

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c INDEX c CORPORATIONS (Cont.) CORPORATIONS (Cont.)

Name (Cont.) Legislature's reserved powers, 607.411 Liability

Director; right of contribution, 607.144 Directors and shareholders, shareholder agreement af­

fecting, 607.107 Shareholders and subscribers, 607.074 Unauthorized assumption of corporate power, 607.397

License to sell alcoholic beverages, 561.15 Life care contracts See: LIFE CARE CONTRACTS Life, perpetual or limited, 607.011 Limitations re actions surviving dissolution or expira-

tion, 607.297 Limited agricultural associations; purposes, 604.11 Limited dividend housing companies See: HOUSING Loans or guaranty of obligations of officers and em-

ployees, 607.141 Mechanics' liens; false affidavits as perjury, 713.35 Merger

Abandonment prior to filing articles of, 607.221, 607.-234

Adoption without shareholder vote, 607.221 Articles of, 607.224, 607.227 Dissenting shareholders right, 607.244 Domestic corporations, 607.214 Exceptions to shareholder vote requirement, 607.221,

607.227 Foreign and domestic corporations, 607.234 Foreign corporation survivor, filing articles, etc., 607.-

334 Incorporation articles deemed amended to reflect,

607.231 Legal effect of; rights, privileges, immunities, fran-

chises, and liabilities, 607.231 Name, effect on, 607.024 Plan of; contents, terms, and conditions, 607.214 Profit and nonprofit corporations, 617.021 Shareholder approval, exceptions, 6(')7.221, 607.227 Shares; classification, exchange, or can~ellation, 607.-

224 Stated capital, effect on, 607.061 Subsidiary corporations; plan, resolution, execution

and filing, 607.227 Surviving corporation, conversion of shares, etc., 607.-

214 Money, borrow or lend, 607.011 Morris plan banks defined, 656.011 Mortgages

Assignments, 692.01 Execution, 692.01 Partial releases, 692.01 Pledge of assets, 607.237 Powers generally, 607.011 Satisfactions, 692.01 Validation, 694.12 When name incorrect, 694.12

Municipal See: MUNICIPALITIES Mutual trust investment companies; application of Gen­

eral Corporation Law, 660.18 Name

Change, 607.177, 607.191, 615.17 Consolidation plan, new corporation's name, 607.217 Contents of, 607.024 Exclusive right to, 607.024, 607.027 Hearings re, 607.027, 607.031 Misnomer in conveyance deed or mortgage, 694.12 Registration by foreign corporation, 607.031 Renewal of registration, 607.031

480

Reservation of, 607.027 Restrictions on, 607.024

Nonprofit See: NONPROFIT CORPORATIONS Notices

Amendments to articles of incorporation, 607.181 Consolidation, 607.221 Creditors and claimants, 607.261 Delivery, 607.041 Directors meetings, 607.131 Disapproval of filed documents, 607.374 Dissenting shareholders, 607.247 Involuntary dissolution, 607.271 Merger, 607.221 Organizational meeting of directors, 607.174 Registered agent resignation, 607.037, 607.324 Revocation of authority to do business, foreign corpora-

tion, 607.344 Sale of all or substantially all assets, 607.241 Shareholder actions, 607.084, 607.107, 607.147 Transfer books, closing date, 607.087 Voluntary dissolution, 607.257, 607.264 Waiver, shareholder meetings, 607.391

Offenses, grounds for involuntary dissolution, 607.271 Officers and agents

Amendments to articles of incorporation, execution of, 607.187

Appointment and compensation, 607.011 Cancellation statement, reacquired or redeemed

shares, 607.204 Contract rights not created by election or appoint­

ment, 607.154 Corporate books, shareholder refused right to inspect;

liability, 607.157 Dissolution articles, contents and execution, 607.267 Election of, dual officeholding, 607.151 Execution of conveyances, 692.01, 692.02 False entries on books; penalty, 817.15 Fictitious signatures, 831.06 Fraudulent issue of stock certificates; penalty, 817.19 Indemnification, 607.014, 607.271 Issuing stock, etc., beyond authorized amount; penalty,

817.20 Liability, failure to provide voter lists at meetings,

607.091 Loans and other assistance to, 607.141 Notices and demands delivered to, 607.041 Powers generally, 607.151 Process See: CORPORATIONS subtitle Process, ser­

vice Reacquired shares cancellation statement, execution

and filing, 607.204 Removal, contract rights not prejudiced, 607.154 Service of process, 48.091 Shareholders meetings, notice initiated by, 607.084 Stock rights and options, 607.057 Ultra vires, assertion of, 607.021

Open-end investment companies, shares of, 607.017 Opticianry practice, 484.006 Options and stock rights, 607.057 Optometric service plans See: OPTOMETRIC SERVICE

PLAN CORPORATIONS Optometry practice, 463.014 Organization meeting of directors, notice and agenda,

607.174 Organization or reorganization expenses paid from share

consideration, fully paid status unimpaired, 607.064

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c INDEX c CORPORATIONS (Cont.)

Organized crime, connection with; forfeiture of charter, 932.59, 932.60

Other enterprises, entry into, 607.011 Partnerships, joint ventures, etc., 607.011 Payments for shares, consideration, 607.054 Pensions, profit sharing plans, stock bonus plans, stock

option plans, etc., 607.011 Perpetual or limited life, 607.164 Pharmaceutical service plans See: PHARMACEUTICAL

SERVICE PLAN CORPORATIONS Pilots, incorporation, 310.171, 310.181 Pledge of credit by state, counties, or cities, prohibited,

exception, A 7 S10 Powers

Exercise, 607.111 Generally, 615.17 Unauthorized assumption, 607.397

Preemptive rights of shareholders, 607.077, 607.164 Preservation of prior legal rights, 607.414 Private school corporations See: PRIVATE EDUCA­

TIONAL INSTITUTIONS Probate proceedings, corporations as personal represen­

tatives, 733.305 Process, service

Agents or officers for, 48.081, 48.091 Copartnership, 48.061 Cumulative provisions, 48.22 Dissolved corporations, directors as trustees, 48.101 Fee, Department of State served as agent, 607.361 Foreign corporations, 48.081, 48.181, 607.327, 607.341 Generally, 48.081, 607.041 Municipalities, 48.111 Party doing business under corporate name as defen-

dant, 49.061 Publication, by, 49.051 Registered office, 48.091 Return; execution, 48.21 Sunday, 48.20 Venue, 47.051

Professional service corporations See: PROFESSIONAL SERVICE CORPORATIONS

Profit, changing to nonprofit Circuit judge, duties, 617.18 Effect, other laws applicable, 617.19 Petition, contents, 617.17 Petition for change, 617.16 Recording procedure, 617.18

Property rights, 607.011, 607.231 Purchase of redeemable shares, restrictions, 607.201 Purposes, corporate organization, 607.007 Quorum of shares for voting purposes, 607.094 Reacquisition of shares, 607.204, 607.247 Real estate and real property

Consolidation articles, recording in certain counties, 607.224

Conveyances, 607.021, 692.01, 692.02, 692.03, 692.04 Dissolved corporations, trustees, 607.301 Fraudulent conveyances, good faith purchasers, 692.01 General powers re, 607.011 Merger articles, recording in counties where realty

located, 607.224 Title or interest, unimpaired by merger or consolida­

tion, 607.231 Trustee by devise, validity, 660.10

Real estate brokers, 475.15 Receivers

Appointment, powers, etc., 56.10, 607:277

481

CORPORATIONS (Cont.) Receivers (Cont.)

Qualifications and bond, 607.281 Redelivery of assets in dismissal ofliquidation, 607.287

Redemption of shares, restrictions, 607.201 Regional Housing Authority; commissioners; selection of

corporate name, 421.31 Registered agent

Articles of incorporation, 607.164 Change procedures, 607.037 Failure to designate or maintain, 607.034 Filing fee, certificate, 607.361 Foreign corporations, 607.324, 607.341 Notice to or demand on corporation delivered to, 607.-

041 Requirement, 48.091, 607.034 Resignation, 607.037

Registered office Articles of incorporation, 607.164 Books and records held at, 607.157 Change procedures, 607.037 Failure to designate or maintain, 607.034 Foreign corporations See: CORPORATIONS subtitle

Foreign Notices or demands mailed to, 607.041 Office hours, 48.091 Requirement, 48.091, 607.034 Voters, list of eligible, 607.091 Voting trust agreements filed, 607.104

Reinstatement after involuntary dissolution, application and fee, 607.271

Removal of directors, voting procedures, 607.117 Removal of officers and agents generally, 607.154 Reorganization confirmed or decreed by court, 607.197 Reserved power of Legislature, 607.411 Reserves created or abolished from surplus, 607.211 Restitution to victim of criminal act, 775.089 Rights under prior law unaffected, 607.414 Rural electric cooperatives See: ELECTRIC COOPER-

ATIVES . Schedule of document filing fees, 607.361 Scientific institutions; incorporation, 617.03, 617.09 Scrip representing fractional shares, rights, 607.071 Seal, 692.01 Security interests in property and assets, 607.237 Service of process See: CORPORATIONS subtitle Pro-

cess, service Shareholders

Agreements, duration of; validity, transferees' notice, effects, etc., 607.107

Books and records, inspection rights, 607.157 Bylaws, powers re, 607.081 Certificate representing shares, 607.067 Deadlock, 607.27 4 Dissenting See: CORPORATIONS subtitle Dissenting

shareholders rights Intangible tax information reports, 199.062 Liability, 607.074, 607.107 Notice of indemnification, 607.014 Officers and agents elected by, removal, 607.154 Preemptive rights, 607.077 Proxies, 607.101 Removal of directors, 607.117 State, counties, etc., as, A 7 S10 Stock rights and options, 607.057 Supermajority voting, 607.387 Voluntary dissolution, written consent, 607.254 Voting rights, 607.097

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c INDEX c CORPORATIONS (Cont.)

Shareholders (Cont.) CORPORATIONS (Cont.)

Voting trusts, creation, 607.104 Shareholders meetings

Adjournment, 607.084, 607.091 Amendments to articles of incorporation, notice and

vote, 607.181 Annual, failure to hold, 607.084 Assets, sale of all or substantially all, 607.241 Attendance to object to transaction of business, 607.-

391 Bylaws re, 607.084 Consent to actions in lieu of, 607.394 Consolidation plans, written notice, 607.221 Location, time, and date, 607.084 Merger plans, written notice, 607.221 Minute books, 607.157 Notice, written; time of delivery, 607.084, 607.181,

607.221 Quorum generally, 607.094 Record date, change of, 607.084 Removal of directors, 607.117 Revocation of voluntary dissolution, notice and vote,

607.264 Special, 607.084 Transfer books, closing and fixing record date, 607.087 Voluntary dissolution of corporation, notice, 607.257 Voters, list of eligible, 607.091 Votes, proxies, 607.094 Waiver of notice, written or implied, 607.391

Shares Acquired from dissenting shareholders, disposition,

607.247 Amendment affecting rights of particular class, voting,

607.184 Assignees, pledgees, and transferees, liability for con­

sideration, 607.074 Attachment, subject to, 76.02 Authorized amount, issuance beyond; penalty, 817.19,

817.20, 817.21 Authorized but not issued, 607.204 Book, false entries, 817.15 Cancellation by redemption or reacquisition, 607.204 Capital stock tax schedule, 607.364, 607.367 Certain registered; disclosure of beneficial interests,

exemption, 286.23 Certificates, 607.044, 607.067 Classes

Distinguishment, statement of, 607.044, 607.067 Preferred or special, rights of, 607.044 Redemption restrictions, 607.201 Series, issuance in, 607.047 Voting, 607.094, 607.184

Consideration, 607.054 Consolidations; exchange, classification, or cancella-

tion, 607.224 Conversion, 607.214, 607.217 Convertible, 607.044 Creation and issuance, 607.044 Excise tax, 201.04 Execution or attachment against, 56.061 Executors, etc., personal liability, 659.13 Fractional shares, scrip, 607.071 Fraudulent issue, books as evidence, 817.21 Fully paid and nonassessable status, 607.054, 607.064 Future services in payment, prohibited, 607.054 Mergers; exchange, classification, or cancellation,

607.224

482

Shares (Cont.) Nonvoting, circumstances permitting voting, 607.184 Original issue, excise tax, 201.05 Par or no-par stock issues, stated capital determina­

tion, 607.061 Pledge, transfer, or assign; liability for consideration,

607.074 Preemptive rights of shareholders, 607.077 Preferred or special, 607.044, 607.047 Property, cash, or labor performed as consideration,

607.054 Proxies, 607.094, 607.097, 607.101 Purchase restrictions, 607.017 Redemption

Cancellation, 607.204 Excess consideration, director's liability, 607.144 Notice, irrevocable; effect on voting rights, 607.097 Price fixed, 607.044 Restrictions, 607.201 Retirement by, 607.017 Stated capital used for, 607.204

Registration and sale See: SECURITIES REGULA-TION

Revocation of subscription, 607.051 Share rights as principal or income, 738.06 Split or division not affecting stated capital, 607.137 Stock rights and options, 607.057 Subject matter of amendments to articles of incorpora-

tion, 607.177 Subscriptions, 607.051, 607.074, 615.03 Transfer tax, 201.04 Treasury stock

Acquisition and disposition, 607.017 Disposition, consideration, 607.054 Dividends, use as, 607.137 Voting prohibited, 607.097

Underwriting and organizational expenses, 607.064 Variations in rights, preferences, etc., 607.047 Voting

Amendments affecting particular class or series, 607.184

Amendments to articles of incorporation, 607.181 Assets, sale of all or substantially all, 607.241 Cumulative voting, 607.097, 607.117 Deadlock, failure to elect directors, 607.274 Fractional shares, 607.071 Generally, 607.097 Merger or consolidation plans, 607.221 Pledgees, receivers, fiduciaries, etc., 607.097 Record date, 607.087 Record, eligible shareholders, 607.091 Removal of directors, 607.117 Revocation of dissolution proceedings, 607.264 Shareholder agreements; duration, validity, effects,

607.107 Supermajorities, 607.387 Voluntary dissolution of corporation, 607.257 Voting trusts, 607.104

Special laws relating to, prohibited, A3 S11 State prohibited as joint owner or using its taxing powers

to aid corporations; exceptions, A 7 S10 Stated capital

Funds allocated to, 607.061 Par and no-par stock issues, 607.061 Redemption or reacquisition of shares from, 607.204 Reduction, 607.207, 607.211 Shares redeemed or reacquired by use of, 607.204

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c INDEX c CORPORATIONS (Cont.)

Statements, reports, certificates, etc.; filing fees, 607.361 Stock See: CORPORATIONS subtitle Shares Stockholders' derivative actions

Compromise or settlement, court approval, 607.147 Consideration for shares, enforcement of collection,

607.074 Expenses, security for, 607.147 Indemnification of certain persons, criteria and proce­

dures, 607.014 Plaintiff standing, security for expenses, 607.147 Ultra vires, assertion of, 607.021

Stockholders See: CORPORATIONS subtitle Sharehold­ers

Subscriptions for shares; enforcement, payment, default, etc., 607.051

Subsidiary corporations, merger of, 607.227 Suits against; venue, 47.051 Summons against corporation, 901.12 Supermajority votes of shareholders, 607.387 Sureties See: SURETIES Surplus

Capital and earned, 607.061, 607.211 Deficit elimination by application of, 607.211 Impairment by acquisition or disposition of shares,

607.017 Taxation

Capital stock, schedule, 607.364, 607.367 Income tax See: CORPORATE INCOME TAX Original issue of shares, 201.05 State taxing power for benefit of corporations prohib­

ited, A7 S10 Transfer tax on shares, 201.04

Telegraph companies See: TELEGRAPHS AND TELE-PHONES

Telephone conference meetings by directors, 607.131 Transaction of business by foreign corporations, 607.304 Transactions with directors, conflict of interest, 607.124 Transfer books, closing and fixing record date, 607.087 Trial de novo, appeals from Department of State rulings,

607.374 Trust companies See: BANKS AND TRUST COMPA-

NIES Trust powers and duties; exceptions, 660.10 Ultra vires, assertion of, 607.021 Unauthorized assumption of corporate power, 607.397 Underwriting expenses, 607.064 Vacancies on board of directors, 607.114 Validation; deeds, leases, transfers, etc., 692.04 Violations

Books, false entries, 817.15 Combinations in restraint of trade, 542.02, 542.03 Involuntary dissolution, 607.271 Notice to correct prior to dissolution, 607.271 Organized crime connections, 932.58 Proceedings, institution and conduct of, 932.60 Securities certificates, fraudulent issue, 817.19, 817.20

Voting trusts; creation, life, certificates, filing, etc., 607.-104

Waiver of notice of meetings, written or implied, 607.391 Withdrawal from state by foreign corporations, 607.341

CORPSE See: DEAD BODIES

CORRECTIONAL INSTITUTIONS See: PRISONS

483

CORRECTIONAL STANDARDS COUNCIL Compensation study, 944.590 Correctional officers

Employing agency recruit, 944.586 Employment standards, 944.583 Out-of-state training, acceptability, 944.585 Permanent employment and promotion, 944.585, 944.-

592 Qualifications, 944.584, 944.593 Training program, 944.583, 944.585, 944.587, 944.588

Definitions, 944.58 Employing agency, 944.586, 944.587 Financing, 944.589 Grants re inservice training, 944.588 Legislative intent, 944.591 Members, 944.581 Officers, 944.592 Organization, 944.581 Powers, 944.582 Reports required, 944.590

CORRECTIONS, DEPARTMENT OF Administrative Procedure Act, applicability, 944.09,

945.21 Administrative rulemaking, prisoner participation,

120.54 Agricultural exposition center, 570.071 Annual report, 20.315, 944.13 Assistant secretaries, 20.315 Budget procedures, 20.315 Civil rights restoration, 944.293 Community-based facilities and programs, 944.026,

958.08 Correctional Improvement Plan, 944.023 Correctional institutions See: PRISONS Correctional work programs See: PRISONS County and municipal detention facilities, duties, 951.02,

951.23 Creation, 20.315 Deputy secretary, 20.315 Drug abuse program referrals, 397.12 Educational programs for prisoners, 232.2481, 944.19 Eminent domain, 945.27 Extension of limits of inmate confinement, 945.091 Health care practitioners, license requirements, 945.047 Information systems, 20.315 Intake and evaluation programs, 944.024, 944.062,

945.09 Interstate Corrections Compact, 941.57 Juvenile proceedings, records inspection, 39.12 Legal advisor, 944.52 Legislative purpose and intent, 20.315 License plates, manufacture, 320.06 Life sentences, commutation recommendation, 944.30 Management and Budget Office, 20.315 Manpower development programs, 944.57 Mentally disordered sex offenders See: SEX OFFEND­

ERS Minors, transfer to Department of Health and

Rehabilitative Services, 959.116 Motor vehicles, purchase, 116.161 Offender mutual participation parole program, 947.135 Offender placement, 20.315 Parole and Probation Commission, cooperation, 945.10 Parole violations, 20.315 Parolees, 945.26, 945.30, 949.08 Penal institutions See: PRISONS Powers and duties, 944.09, 945.025, 945.04

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c INDEX c CORRECTIONS, DEPARTMENT OF (Cont.)

Presentence investigation reports, 921.231, 945.10 Pretrial intervention program, 944.025 Prison Industry Commission, 945.065, 945.066 Prison inspectors, 944.31, 944.32, 944.33, 951.02 Prisoners See: PRISONERS Probationers, 945.26, 945.30, 949.08 Program evaluation system, 20.315 Program Offices, 20.315 Records, 944.18, 945.10, 945.25 Regional service areas, 20.315 Registry of prisoners, 944.25 Rehabilitative treatment for prisoners, 945.12 Seal, 945.031 Secretary, 20.05, 20.315 Structure, 20.04, 20.315 Supervisory jurisdiction, 944.09, 945.025 Trust funds

Correctional Work Program Trust Fund Creation, 945.17 Deposits, 944.50, 945.18 Disbursements, 944.49, 945.18, 945.19, 945.20

Employee Benefit Trust Fund, 945.215 Inmate Welfare Trust Fund, 944.49, 945.215

Vocational education and career development services, 944.551

Youthful offenders See: YOUTHFUL OFFENDERS

CORRUPTION Arbitration awards, vacating when procured by, 682.13 Bribery See: BRIBERY County seats; unlawful use of money in election to

change, 138.11 Elections See: ELECTION CODE subtitle Violations Public servants, corruption by threat, 838.021 Racketeer influenced organizations See: RACKETEER-

ING

COSMETICS Adulteration, 500.04, 500.17, 500.24 Advertising, false or misleading, 500.04, 500.19, 500.24 Analysis, 500.201 Bottles and boxes

Deposit, 506.04 Name, brand, or device; registration, 506.01 Unlawful use; penalty, 506.02, 506.03, 506.05

Color additives, 500.18 Condemnation, 500.06, 500.41, 500.43 Containers, marking or branding, 506.01, 506.02, 506.05 Embargo, 500.06 Examination and investigation fees, 500.351 Food, Drug, and Cosmetic Law

Citation, 500.01 Definitions, 500.03 Enforcement, 500.032, 500.23 Purpose, 500.02

Hair dye, 500.17, 500.18 Injunctive relief, 500.05 Inspection, factories, warehouses, and vehicles, 500.21 Interstate commerce, 500.39, 500.40 Labels, 500.04, 500.18, 500.341 Minor violations, 500.08 Misbranding, 500.18, 500.24, 500.29 Poisonous, unsa.nitary, decomposed substances, 500.17 Prosecution of violations, 500.07 Registration

Manufacturers, packagers, proprietors, 500.341, 500.-361

COSMETICS (Cont.) Registration (Cont.)

Products, 500.341, 500.351, 500.361 Reports and information dissemination, 500.22 Rulemaking authority, 500.201 Sale of seized articles, 500.43 Seizure and condemnation, 500.41, 500.42, 500.43 Specimen labels, 500.341 Toilet preparations, 500.29 Violations; penalties, 500.04, 500.24, 500.29, 500.42 Weight, measure, numerical count; labeling, 500.18

COSMETOLOGY Board of Cosmetology See: COSMETOLOGY, BOARD

OF Civil proceedings, 477.031 Complaints, 477.027 Cosmetologists

Continuing education programs, 477.019 Discipline, grounds, 477.028 Examination, 477.019, 477.022 Fees, 477.026 License, 477.014, 477.019, 477.028 Qualifications, 477.019 Registered, 477.038 Training requirements, 477.019

Cosmetology Act, 477.011 Cosmetology Practice Commission See: COSMETOLOGY

PRACTICE COMMISSION Definitions, 477.013 Disciplinary proceedings, 477.028 Enforcement, 477.026, 477.028, 477.031 Examinations, 477.022 General 'regulatory provisions See: PROFESSIONAL

AND OCCUPATIONAL REGULATION Instructors

Continuing education programs, 477.021 Discipline, grounds, 477.028 Examination, 477.021, 477.022 Fees, 477.026 Government-operated programs, 477.014, 477.029 License, 477.014, 477.021 , 477.028 Public schools, 477.014, 477.029 Qualifications, 477.021 Registered, 477.038

Investigations, 477.023, 477.025, 477.027 Investigative services, 477.018 Legal services, 4 77.017 Legislative purpose, 477.012 Professional Regulation Trust Fund, 477.026 Rulemaking authority, 477.016 Salons

Discipline, grounds, 477.028 Fees, 477.026 Inspection, 477.025 License, 477.025, 477.028 Licensing requirements, 477.025 Registered, 477.038

Schools Discipline, grounds, 477.028 Fees, 477.026 Government-operated programs, 477.023, 477.029 1nspection, 477.023 License, 477.023, 477.028 Public schools, 477.023, 477.029 Registered, 477.038 Students, 477.023, 477.024, 477.026 Surety bond, 477.023

484

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c INDEX c

COSMETOLOGY (Cont.) Specialty licenses, 477.035, 477.039 Unlawful acts; penalty, 477.029

COSMETOLOGY, BOARD OF Budget, 477.026 Compensation, 477.015 Cosmetology, generally See: COSMETOLOGY Creation, 477.015 · Disciplinary hearings, 477.027 General provisions See: PROFESSIONAL AND OCCU-

PATIONAL REGULATION Meetings, 477.015 Membership, 477.015 Travel expenses, 477.015

COSMETOLOGY PRACTICE COMMISSION Compensation and travel allowances, 477.016 Meetings, 477.016 Membership, 477.016 Rulemaking

Authority, 477.016 Examinations for licensure, 477.022 Fees, 477.026 Instructors, 477.019 Licensing of practitioners, 477.019 Salons, 477.025 Schools, 477.023, 477.024

COSTS Abatement of nuisance, 60.05 Account; presentment to county commissioners, 142.10 Agency actions; enforcement proceedings, 120.69 Appeal See: CRIMINAL PROSECUTION Attorney; liability, 57.011 Betterment proceedings after ejectment, 66.071, 66.081 Bill, taxing costs, 57.021 Bond premiums as, 57.071 Bond validation, 75.12 Change of venue, civil cases, 47.191 Checks, civil collection action, 68.065 Child support proceedings, 88.151 Code of Ethics; liability when complaint frivolous or ma­

licious, 112.317 Collection, 57.041 Competency proceeding, state prisoners; county reim-

bursement, 57.091 Condemnation proceedings, abstracts of title, 703.13 County court, 34.041, 34.191 Court reporter, expenses as taxable costs, 57.071 Criminal cases See: CRIMINAL PROSECUTION Deceptive and unfair trade practice actions, 501.2101,

501.2105, 501.211 Declaratory judgments, 86.081 Defendant, convicted; payment of costs, A1 S19 Delayed birth certificates, 382.46, 382.47 Dissolution of marriage proceedings, 61.17 Eminent domain proceedings, 73.091 Estate taxes, collection, etc., 198.20, 198.36 Excessive charges, 57.051, 57.061 Execution

Collection, 57.041 Habeas corpus, 79.08 Illegally exacted, 57.051 Proceedings supplementary to unsatisfied execution,

56.29 Security for, by nonresident, 57.011

Executors or administrators, 57.041

COSTS (Cont.) Extortion, 57.051 Extradition costs, 941.24, 941.40 Fines and forfeitures See: FINE AND FORFEITURE

FUND Garnishment, 77.22, 77.27 Guardianship proceedings, 744.105 Habeas corpus

Bonds, 79.02 Grantable without, A1 S13 Hearing and judgment, 79.08

Homesteads, survey, 222.03 Illegally exacted, 57.051 Judgments See: JUDGMENTS subtitle Costs and

charges Labor practices litigation, 447.503 Land use permits, judicial review, 161.212,253.763,373.-

617, 380.085, 403.90 Landlord and tenant

Action for removal of tenant, 83.251 Residential; action for possession, 83.59, 83.60 Security deposits, 83.49

Law enforcement officers, lawful acts committed in line of duty, payment of legal costs, 111.065

Liens; enforcement, 85.011 Marketing contracts; actions upon, 619.07 Municipal foreclosure tax and special assessment lien;

judgment, 173.08 Nonresident; security, 57.011 Nuisance, abatement; successful defendants, costs

award, 60.05 Parties, in forma pauperis, 57.081 Partition, 64.081 Paternity determination proceedings, 742.031 Penalty for unlawful exaction, 57.051 Premiums for bonds or security as taxable costs, 57.071 Prior county court actions, 28.16 Probate proceedings, 733.106 Public Service Commission, 350.29, 350.62 Railroads, 350.33, 356.08 Recovery, 57.011, 57.041 Replevin proceedings, 78.18, 78.20, 78.21 Revision of Judicial Article; effect on assessment and

collection of cost in county courts, A5 S20 Sales of public land; disposition of proceeds, 270.15 State prisoners competency proceeding or criminal pros­

ecutions, 57.091 Summary proceedings to recover costs unlawfully ex-

acted, 57.061 Supreme Court, 57.101, 939.12 Taxable items, 57.071 Taxing by clerks or judges, 57.021 Theft, civil action for damages, 812.035 Trial of right of property levied on, 56.19, 56.20 Unlawful exaction, 57.051 Wages, unpaid; recovery action, 448.08 Witnesses, compensation, 92.151

COTTON False packing, 865.04 Prohibited purchases, 865.08 Wrecked, 706.01, 706.02, 706.03

COUNCIL OF STATE GOVERNMENTS See: INTERSTATE COOPERATION, COMMISSION ON

COUNSEL AND COUNSELORS See: ATTORNEYS-AT-LAW

485

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c INDEX c

COUNTERCLAIMS AND CROSS CLAIMS See: PLEADINGS

COUNTERFEITERS OR FORGERS See: FORGERY

COUNTIES Actions by or against, 125.15 Adjustment and settlement; accounts and claims, 17.041 Administration

Administrator, 125.72, 125.73, 125.74 County Administration Law of 1974, 125.70 Legislative purpose, 125.71, 125.72

Administrative Code, 125.74, 125.S6, 125.S7 Agricultural extension service programs, 240.505 Agricultural lands, local comprehensive plan without ef-

fect on tax status, 163.3174, 163.3194 Agricultural zoning boards, 193.461 Agriculture agents; duties re flue-cured tobacco, 574.101 Air and water pollution control See: POLLUTION CON-

TROL Airport projects and facilities, powers, 125.012 Airports and landing fields See: AIRPORTS AND LAND­

ING FIELDS Alcoholic beverages See: ALCOHOLIC BEVERAGES

subtitle Counties Armories, National Guard; construction, leasing, etc.,

250.40 Arthropod control, public lands; agreements, 3SS.411 Audits

Auditor General's duties, 11.45 Banking and Finance Department duties, 17.04 County depositories, 136.0S Fine and Forfeiture Fund, 142.12

Banking and Finance, Department of; adjustment and settlement, accounts and claims, 17.041

Beach preservation See: BEACH AND SHORE PRESER-VATION

Beaches See: BEACHES subtitle Public beaches Bids See: BIDS Bomb threats against public property, penalty, reward,

790.164 Bond validation, recording of judgment, 75.10 Bonds See: COUNTY BONDS Branch county court, location suitable to county; proce­

dure, 34.181 Branch offices, maintaining, AS S1 Bridges

Provide and regulate, 125.01 Road and bridge districts See: ROADS AND HIGH­

WAYS subtitle Special road and bridge districts Tolls See: ROADS AND HIGHWAYS subtitle Toll

roads and bridges Budget officer, 129.025, 129.03 Budgets See: COUNTY FINANCES Building codes, adoption, 163.295, 553.73 Buildings See: COUNTY BUILDINGS Bulkhead lines See: PUBLIC LANDS Buses, school See: SCHOOLS subtitle Buses Canals, powers, 125.012 Census, 165.091 Charter See: COUNTY CHARTERS Child care See: CHILD-CARE FACILITIES Cigarette tax revenue, additional; allocation to certain

counties, 200.132 Circuit Court Docket Fund, legal advertising, 50.071 Civil service system, 125.SS

COUNTIES (Cont.) Claims and accounts against; adjustment and settlement,

17.041 Commissioners See: COUNTY COMMISSIONERS Community colleges, exemption from civil service regu­

lations, 240.369 Community forests; purchase of land for, 591.18 Community mental health programs, appropriations for;

authorization, 394.SO Community redevelopment See: COMMUNITY REDE­

VELOPMENT Comprehensive planning See: LOCAL GOVERNMENT

subtitle Planning for future development Comptroller, 129.025, 129.03 Congressional districts, S.01 Consolidation of municipalities and counties, debt adjust­

ment, AS S3 Construction contractors, regulatory authority See:

CONSTRUCTION CONTRACTORS subtitle Local reg­ulation

Consultants' competitive negotiation; policies and proce-dures, establishing, 2S7.055

Contracts See: COUNTY COMMISSIONERS Conveyances of realty by; form, recordation, etc., 125.411 Corporations; loans prohibited, exception, A 7 S10 Correctional officers See: CORRECTIONAL STAN-

DARDS COUNCIL Councils of local officials, voluntary; administration,

powers, etc., 163.02 Court reporters See: COURT REPORTER Courthouses See: COURTHOUSES Courtroom facilities, equipment, 43.2S Courts See: COUNTY COURT Creation, abolition or change by law, AS S1 Credit unions, 657.24 Cross Florida Barge Canal, land donations and construc­

tion assistance, 374.091 Cross Florida Canal Navigation District See: CROSS

FLORIDA BARGE CANAL Cruelty to animals or children, investigating agents,

S2S.03 Dams, 347.01, 347.02 Debts; prior constitution; existing debts, full payment,

A12 SS Deeds of conveyance

Corrective deeds without consideration or notice, 197.-306

Real estate, gifts; donors, 255.22, 255.23 Validation, 694.11

Deferred homestead property tax certificates, 197.0169 Deposits frozen in banks; compromise or adjustment,

661.43 Detention care services for children, 959.022 Detention homes See: JUVENILE DETENTION AND

TREATMENT Detergents, harmful or deleterious, 403.061 Disabled persons, developmentally; responsibilities,

S27.09 Disaster preparedness agencies and advisory councils,

establishment, 252.3S Dishonored checks or drafts received, disposition, 125.-

0105 Docket fund, 50.071 Domestic relations payments depository and enforce­

ment system funding, 61.1S1 Drainage by See: DRAINAGE BY COUNTIES Elections See: ELECTION CODE

486

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c INDEX c

COUNTIES (Cont.) Electrical contractors, regulatory authority See: ELEC­

TRICAL CONTRACTORS subtitle Local regulation Electrical power plant siting See: ELECTRICAL POWER

PLANT SITING Elevator inspection, 399.13 Eminent domain See: EMINENT DOMAIN Employees

Claims against; adjustment and settlement, 17.041 Collective bargaining See: COLLECTIVE BARGAIN­

ING Discrimination, 112.042, 112.043, 112.044, 448.075,

448.076 Leave of absence for military duty See: LEAVE OF

ABSENCE Notaries public, commissioned as, 116.35 Residential qualifications, 112.021

Employment discrimination, 112.042, 112.043, 112.044, 448.075, 448.076

Energy Data Center, cooperation, 377.605 Engineers, 335.075, 336.03 Environmental land and water management See: ENVI­

RONMENTAL LAND AND WATER MANAGE­MENT

Environmental protection, actions for injunctive relief, 403.412

Environmentally endangered lands, taxation, 193.501 Everglades Fire Control District See: EVERGLADES

FIRE CONTROL DISTRICT Existing government, preservation of, A12 S10 Facsimile signatures, illegal use of certain instrument by

unauthorized persons, penalty, 116.34 Fairs and expositions See: FAIRS AND EXPOSITIONS Federal assistance to, dissemination of information con­

cerning, 163.03 Federal rural community fire protection program; con­

tribution, 590.42 Federal urban planning assistance projects; administra-

tion, 288.32 Ferries See: FERRIES Finances See: COUNTY FINANCES Financial reporting See: LOCAL GOVERNMENT subti­

tle Financial management and reporting Fine and Forfeiture Fund See: FINE AND FORFEI-

TURE FUND Fine arts councils, 265.32 Fire hazard areas, railroad rights-of-way, 590.091 Fire protective equipment contractors, regulatory pow-

ers, 633.551 Firefighters See: FIREFIGHTERS Fiscal year, 129.04 Flood Control Trust Fund; distribution, 215.55 Food stamp program, administration, 409.275 Foreign commerce, powers and duties, 125.012 Forest fire protection, costs and assessments, 125.27 Forest management assistance See: FORESTRY subtitle

Forestry, Division of Forests; conveyance of lands for community forests,

591.19 Franchises, county-owned and operated projects, 125.012 Functions of; transferred to or contracted to be per­

formed by another county, city, or special district, A8 S4

Funds County bonds See: COUNTY BONDS County finances See: COUNTY FINANCES Fine and forfeiture See: FINE AND FORFEITURE

FUND

487

COUNTIES (Cont.) Gasoline tax revenue, A12 S9, 206.47, 344.29 Handicapped persons, parking facilities, 316.1955, 316.-

1964, 320.0842 Harbor projects and facilities, 125.012 Health care appropriations, adult protective services,

410.108 Health care responsibility, indigents See: HEALTH

CARE RESPONSIBILITY Health facilities authorities; report of activities, 154.239 Health trusts See: HEALTH Health units See: HEALTH subtitle Local health units Historical commissions, 125.01 Home health service agencies, license; fee exemption,

400.467 Hospitals See: HOSPITALS House of Representatives; apportionment of members

among districts, A3 S16 Housing authorities See: HOUSING AUTHORITIES Housing finance authority See: HOUSING FINANCE

AUTHORITIES Housing land acquisition and site development assis­

tance See: HOUSING Industrial development authorities See: INDUSTRIAL

DEVELOPMENT AUTHORITIES Industrial development project financing See: INDUS­

TRIAL DEVELOPMENT subtitle Capital project fi­nancing

Industrial projects, centralized environmental certifica-tion, 288.505, 288.51, 288.513

Insurance, liability coverage, 111.072, 286.28 Interlocal agreements, 163.01 Intoxication and public drinking Jaws repealed, 396.161 Intracoastal Waterway, regulatory markers on; restric-

tions, 371.523 Jails See: JAILS Lakes, pollution control and shore preservation, 125.563 Lands and waters, Federal conservation of wildlife and

fish; limited jurisdiction; consent by state, 372.771 Lands donated for specific purposes, reconveyance to do­

nor, 255.22, 255.23 Law enforcement coordination, emergencies See: LAW

ENFORCEMENT MUTUAL AID PLAN Law enforcement officers See: LAW ENFORCEMENT

OFFICERS Lease of county property, 125.35 Leases and lease-purchase arrangements, 125.031 Libraries See: LIBRARIES subtitle Public License tax See: LICENSES AND LICENSE TAXES Litter control, 403.413 Local Government Exemption Trust Fund, participation,

196.032 Local government, generally See: LOCAL GOVERN-

MENT Local officers, declaring state of emergency, 870.041 Log ditches, 347.01, 347.02 Mass transit facilities, powers, 125.012 Massage, regulation, 480.051, 480.052 Medical assistance program, 409.267 Meetings, minutes open to public; enforcement; penal-

ties, 286.011 Mental health programs, multicounty, 394.73 Milk and milk product regulations superseded, 502.232 Minors' malicious destruction or theft of property; par-

ents' liability, 741.24 Mobile home park rentals, regulation, 83.794 Mobile homes, onsite inspections; duties and restrictions

re, 320.8285

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c INDEX c COUNTIES (Cont.)

Mosquito control; state financial aid See: MOSQUITO CONTROL DISTRICTS

Motor fuel tax See: MOTOR FUEL TAX Motor vehicles

Driver licenses, issuance, 322.41 Financial Responsibility Law, exemption, 324.051 License plates, 320.07 Publicly operated, liability insurance, 2S6.2S Safety equipment inspection stations See: MOTOR VE­

HICLES subtitle Inspection Speed measuring devices, 316.1905 Speed zones established, maximum or minimum speed

limit, 316.1S9 Municipal projects and facilities, acquisition, 125.015 Neighborhood housing rehabilitation See: HOUSING New community districts See: NEW COMMUNITY DIS-

TRICTS New counties

Congressional districts, S.02 Established; debt liability apportionment, AS S1 Time warrants, interest-bearing

Distribution of proceeds upon sale, 130.22 Issuance, freeholder approval, 130.20 Limitation, 130.20 Rate of interest, 130.21 Sale; distribution of proceeds, 130.22 Sinking fund ; creation, 130.23 Term, 130.21

Notaries public; employees commissioned as, 116.35 Officers See: COUNTY OFFICERS AND EMPLOYEES Oil spill prevention and pollution control, police powers

re, 376.19 Orders; speculation in, S39.06 Ordinances

Adoption, 125.01 Air quality protection, 125.275 Amendment, 125.67 Codification, 125.62, 125.6S Docket fund, establishment by, 50.071 Enactment procedures, AS S1, 125.66 Obscene materials, S47.09 Price controls on lawful business, 125.0103 Rent control, 125.0103 Subject matter, 125.67 Violations, criminal prosecution, 27.34, 125.69, 775.0S,

901.2S Zoning, rezoning, land use, 125.66

Outdoor advertisement or advertising structure, re­moval without compensation prohibited, 479.15

Oyster bottom land grants, marking oflands, payment of rentals, etc., 370.161

Pari-mutuel pools; tax allocation, A 7 S7 Parklands; development rights, 193.501 Passenger common carriers, regulation and licensing,

323.052 Personal property See: PUBLIC PROPERTY Planning See: LOCAL GOVERNMENT subtitle Plan­

ning for future development Playgrounds See: RECREATION CENTERS AND

PLAYGROUNDS Plumbing, regulation See: PLUMBING Pollution control

Air quality protection, 125.275 Awards granted to, 403.414 Facilities; bonds, state credit pledged, A7 S14 Industrial development projects, 159.2S5 Lakes, 125.563

488

COUNTIES (Cont.) Pollution control (Cont.)

Local programs, 403.1S2 Poor mothers, aid See: INDIGENT PERSONS subtitle

Women having dependent children Port facilities financing See: PORT FACILITIES FI-

NANCING Port projects and facilities, 125.012 Present, recognized, AS S6 Prisoners See: JAILS Process; service on, 4S.111 Professional service contracts; policies and procedures,

establishing, 2S7.055 Projects and facilities

Administrative agents, 125.017 Bonds, 125.013, 125.019 Corporate income tax, liability, 125.019 Definitions, 125.011 Exposition halls and buildings, 125.012 Impositions and exactions, 125.01S Judicial review, 125.01S Mass transit facilities, 125.012 Municipal facilities, acquisition, 125.015 Powers and duties, generally, 125.012 Rights, privileges, and immunities, 125.019 Rules and regulations, 125.01S Tax exemption, 125.019 Tax levy, 125.016 Title designation of authority, 125.014 Trade marts, 125.012

Property Acquired for delinquent taxes, 197.302 Authority to sell and convey, 125.35, 125.37, 125.3S Escheat, lands available for taxes, 197.241 Exchange, 125.37 Gifts, restricted; reconveyance to donor, 255.22, 255.23 Lands conveyed for county purpose, reversionary

clause, 125.39 Lease, 125.35 Leases, 125.031 Personal property control See: PUBLIC PROPERTY Property acquired for specific purposes and containing

reversionary clause, 125.39 Real estate gifts, restricted; reconveyance to donor,

255.22, 255.23 Rights-of-way, Cross Florida Barge Canal, 374.091 Sale, 125.01, 125.35 Surplus property, disposal, 125.35, 125.37, 125.3S,

125.39 Tax exemption, 196.199, 196.29

Property Appraisal Adjustment Board expenses, appor­tionment, 194.015

Public buildings See: PUBLICLY OWNED BUILDINGS Public defenders, providing supplemental funds to; pro­

hibited, 27.54 Public meetings, 2S6.011, 2S6.26 Public utilities; exemption from Public Utility Arbitra-

tion Law, 453.17 Public works See: PUBLIC WORKS Racetrack funds See: RACING subtitle Taxation Rapid transit system, 125.0165 Realty conveyances, validation and recordation, 125.411 Records

Inspection, 119.01 Kept at county seat, AS S1 Open to public, 2S6.011

Recreation centers and playgrounds See: RECREATION CENTERS AND PLAYGROUNDS

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c INDEX c COUNTIES (Cont.) COUNTIES (Cont.)

Recreation districts See: RECREATION DISTRICTS Recreational trails See: RECREATIONAL TRAILS Refunding bonds

Bonds, 131.03 General Refunding Law See: REFUNDING BONDS Obligations, 132.02

Regional Law Enforcement Communications System, 287.29

Regional planning councils, 160.01 Regional transportation authorities See: REGIONAL

TRANSPORTATION AUTHORITIES Representation in House of Representatives, apportion­

ment, A3 S16 Research and development authorities See: RESEARCH

AND DEVELOPMENT AUTHORITIES Retirement and Social Security matching payments, re­

mittance, 122.35, 122.351 Retirement systems, administration See: RETIREMENT

subtitle Public employee retirement systems Revenue bonds See: REVENUE BONDS Revenue sharing See: REVENUE SHARING Riotous assembly, dispersing by law enforcement offic­

ers, 870.04 Roads See: ROADS AND HIGHWAYS Rural, manpower services program to train workers in,

450.43 Sale of tax foreclosed lands See: PROPERTY TAXES

subtitle Foreclosure Sales of county land, 125.35 Sales tax See: SALES TAX Saltwater barrier lines, establishment procedure, 373.-

033 Saltwater fisheries, regulation, 125.01 Sanitation; Health and Rehabilitative Services Depart-

ment regulation, 381.031 School zones, periodic inspection duties, 316.1895 Seats See: COUNTY SEATS Second gas tax, pledging of; bond payment; consent of

counties, 215.74 Self-liquidating projects, bond issues See: REVENUE

BONDS subtitle Projects Senatorial districts, A3 S16 Service of process upon, 48.111 Sewage disposal See: SEWAGE DISPOSAL SYSTEMS Sewer system, financing See: COUNTY WATER SYS-

TEM AND SANITARY SEWER FINANCING LAW Sheriffs See: SHERIFFS Shipping masters, power to appoint and regulate, 125.-

012 Shipping projects and facilities, 125.D12 Signs, outdoor advertising; regulation, 125.0102 Solid waste management and resource recovery See:

SOLID WASTE DISPOSAL Sovereign immunity waived, torts, 768.28, 768.30 Special road and bridge districts See: ROADS AND

HIGHWAYS Speed zones established, maximum or minimum speed

limit, 316.189 Sponges grown and cultivated in state, purchases by,

370.162 State aid to; without restriction as to purpose, with condi-

tions provided by law, A 7 S8 State attorney, funding, 27.34 State bonds, securities for public bodies, 215.75

State-operated detention services for certain minors, 959.022

State property, security; contracts to maintain, 287.39 State universities, exemption from regulation, 240.293 Stevedores, power to license and regulate, 125.012 Stockholders in companies, A 7 S10 Succession of officers, emergencies, 22.02, 22.05, 22.06,

22.07, 22.08, 22.09, 22.10 Suit by or against, 125.15 Supervisor of elections See: ELECTION CODE Surplus Federal property, procurement and distribution

See: SURPLUS PROPERTIES Taxation See: PROPERTY TAXES subtitle Counties Toll roads and bridges See: ROADS AND HIGHWAYS Torts, sovereign immunity waived, 768.28 Trade marts, pow'er to own and operate, 125.012 Traffic control See: TRAFFIC CONTROL Traffic officers, 321.13 Transfer of powers, by law or by resolution of the govern­

ing body, A8 S4 Transit service See: TRANSPORTATION subtitle Public

transit service Transportation system, 336.021 Trust funds See: COUNTY FINANCES Turnpike projects; cooperation of, 340.08 Unclaimed bond money; disposition, 116.21 Urban renewal See: COMMUNITY REDEVELOPMENT Utility lines along roads, use, 125.42 Venereal diseases, donations for enforcement oflaws re,

384.11 Venue of actions See: VENUE Volunteers See: VOLUNTEER SERVICE Water and sewer systems, exemption from rate regula­

tions, 180.191 Water conservation projects; county funds, expenditure,

373.191 Water management districts, land conveyed to and from,

373.056 Water supply

Interlocal agreements, regional authorities, 373.1962 Rapidly urbanizing area needs, assistance, 373.0695,

373.1961 Safe drinking water See: WATER SUPPLY

Water system, financing See: COUNTY WATER SYS­TEM AND SANITARY SEWER FINANCING LAW

Waterway taxing districts See: WATERWAY TAXING DISTRICTS

Waterways; improvements and beautification Contracts, 342.06 Legitimate purposes, 342.03 Poison chemicals; use, 342.05 Tax levy, 342.03 Time warrants; issuance and sale, 342.04

Weights and measures; local officials, jurisdiction re, 531.421

Welfare boards, 414.12 Wildlife and fish conservation, Federal land acquisition,

372.771 °

Withlacoochee State Forest, gross receipts, payment to counties, 589.081

Women having dependent children See: INDIGENT PERSONS

Zoning and building codes, 125.01 Zoning regulations See: ZONING

State lands, acquisition for public purposes, 253.111 State of emergency; declaration by local officers, 870.041, COUNTY AUDITORS

870.042 Clerk of circuit court as, A5 S16

489

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c INDEX c COUNTY AUDITORS (Cont.)

County budget See: COUNTY FINANCES Tax receipts, 200.011 Warrant, illegal, signing, penalty, 129.09

COUNTY BONDS Air and water pollution control and abatement facilities,

state credit pledge to finance, A7 S14 Anticipation notes, authority to issue, 215.431 Bids

Acceptance or rejection; procedure, 130.04 Form, 130.06 Security required of bidders; liability; extent, 130.05

Cancellation of exchanged evidences of indebtedness, 130.09

County commissioners Denominations, prescribing, 130.07 Form, prescribing, 130.07 Issuance; amount, interest date payable, 130.01 Power to issue, 125.01 Purposes; contexts, 130.01 Requirement of bids, 130.05 Resolution, 130.01, 130.02

Districts; issuance, etc., maximum interest rates, 130.012 Election See: ELECTION CODE subtitle Bond referen-

dum Execution; validation, 130.24 Hospital, 155.14 Indebtedness, cancellation of; procedure, 130.09 Industrial development See: INDUSTRIAL DEVELOP-

MENT subtitle Capital project financing Interest

Coupons, 130.07 Date payable, 130.01 Maximum rate, 130.012 Rate exceeding legal maximum; authorization by State

Board of Administration, 215.685 Tax levied for, 130.02, 130.10

Investments in County bond sinking fund, 130.12 Savings banks, 654.05 State banks and trust companies, 659.20

Issuance, A 7 S12 Judgments on; interest, 55.04 Municipalities; maximum interest rates, 130.012 New counties, time warrants; freeholders to approve is­

suance, when, 130.20 Past-due obligations; mandamus to compel payment

from funds on hand, 200.171 Payment, 130.02 Playgrounds and recreation centers; establishment and

maintenance, 418.07 Political subdivisions; maximum interest rates, 130.012 Pollution control facilities for industrial development

projects, 159.285 Proceeds; disposition, 130.08 Project financing, 125.013 Public health trusts; issuance, prohibited, 154.11 Refunding bonds See: REFUNDING BONDS Revenue bonds generally See: REVENUE BONDS Roads and bridges

Board of Administration Excess funds; distribution, 344.24 Investment of funds, 344.17 Judgments; payment, 344.25

Bonded indebtedness, apportionment of, 344.13 Bridges

COUNTY BONDS (Cont.) Roads and bridges (Cont.)

Bridges (Cont.) Building over navigable streams; procedure, 130.17,

130.18 Construction; issuance and sale, 130.19 Elections, conduct and calling, 130.18 Employment of experts to advise county commis­

sioners, 130.17 Issuance and sale, 130.19 Results of election; issuance and sale ofbonds, 130.19

Depositories of moneys, 344.17 Hard-surfaced roads, 130.01 Obligations of counties issuing bonds, 344.08 Records; custodian, 344.11 Roads constructed from proceeds, 344.01 Securities required of depositories, 344.17 State's obligation to pay, 344.20 Trustees; continuance in office, 344.21

Sale; limitation upon, 130.04 Sinking fund, tax levy to create, 130.02, 130.10 State services and supervision, 218.37, 218.38 State tax for payment prohibited, A7 S10 Taxation

Levy, 130.02, 130.10 Payment; peremptory writ compelling, 200.171 State tax for payment prohibited, A 7 S10

Time warrants Amount limited, 130.20 Cancellation of warrants and vouchers; notice of intent

to destroy, 28.31 Date of maturity, 130.21 Illegal warrants; signing, 129.09 Interest rate, 130.21 New counties

Distribution of proceeds, 130.22 Procedure for issuance, 130.20 Proceeds; use, 130.20 Sinking fund; creation, 130.23, 130.24

Principal; payment, 130.24 Sinking fund; creation, 130.24 Speculation, 839.04

Trustees Annual report, 130.13 Appointment, bond qualifications, etc., 130.11 Collector to pay taxes to, 130.12 Compensation, 130.16 Disposition of proceeds, 130.08 Interest; payment, 130.12 Investments by, 130.12 Removal or resignation, 130.14 Vacancies, proceedings to fill, 130.15 Validity, 130.24

Validation See: BONDS Waste disposal for industrial development projects, 159.-

285

COUNTY BUILDINGS Bomb threats against public property, penalty, reward,

790.164 Bonds for erection, 130.01 County commission, powers, 125.01 Courthouse See: COURTHOUSES Handicapped persons, accessibility, 255.21 Jails See: JAILS Lighting efficiency, statewide standards, 553.89 Public buildings generally See: PUBLICLY OWNED

BUILDINGS

490

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c INDEX c COUNTY BUILDINGS (Cont.)

United States flag displayed, 256.01, 256.011 Zoning and building codes, 125.01

COUNTY CANVASSING BOARDS, 102.141

COUNTY CHARTERS Adoption, 125.60 Charter commission

Dissolution, 125.64 Establishment, 125.61 Expenses, 125.62 Membership, 125.61 Organizational meeting, 125.62 Proposal of county charter, 125.63 Quorum, 125.62 Staff and personnel, 125.62 Study, 125.63 Vacancies, 125.61

Home rule, AS S6 Initiation and adoption locally, 125.60 Optional county charter

Administrative Code, 125.S6, 125.S7 Adoption, 125.S2 Budgets, operating and capital, 125.S6 Civil service system, 125.SS Definitions, 125.S1 Elective and appointive officers, 125.S3 Executive-legislative separation of powers, 125.S3 Executive powers and duties, 125.S5 Form of government, 125.S4 Legislative function, 125.S6 Optional County Charter Law, 125.SO Ordinances and resolutions, enactment, 125.S6 Provisions required, 125.S3

Public hearings, proposed charter, 125.63 Referendum election, 125.64

COUNTY COMMISSIONERS Abstention from voting, 2S6.012 Abstracts of title books; purchase, 703.06, 703.07 Accountant; circuit court clerk to be, 125.17 Accounts of officers; allowance or rejection, 142.11 Actions See: COUNTY COMMISSIONERS subtitle Suits Airports, county; transportation of ground passengers,

331.15 Ambulance service, 155.22 Application to change county seat, 13S.01 Auxiliary county offices; conduct of proceedings in civil,

equity and criminal action; authorization, 125.222 Bids See: BIDS Bonds of county officers See: COUNTY OFFICERS AND

EMPLOYEES Bonds See: COUNTY BONDS Books furnished to certain officers, 116.0S Budget system See: COUNTY FINANCES Building construction, 125.56, 713.135 Charter commission, member appointment, 125.61 Civil service system, administration of, 125.SS Clerk of circuit court

Accountant for, 125.17 Clerk and accountant for; duties, re, 2S.12 Districts; duties re boundaries; copy to board, 124.03 Documents to be attested by, 125.17 Duties, 125.17 Ex officio clerk of, A5 S16

Compensation Annual percentage increase, 145.19

491

COUNTY COMMISSIONERS (Cont.) Compensation (Cont.)

Limitation, salary increases, 145.1S Salaries, calculation, 145.031 Special laws, 145.16 Supplemental compensation, acceptance of; penalty,

145.17 Travel expenses for chairman, 145.121

Confederate veterans, investigation of claims, 291.13 Contracts

Airports, county transportation of ground passengers, 331.15

Apprentices and trainees, 446.101 Beds for district tuberculosis hospitals; indigent pa­

tients, 392.05 Mental health and mental retardation programs, ser­

vices and facilities for; authorization, 402.20 Void when in excess of budget, 129.07

Conveyances County-owned realty; form, recordation, etc., 125.411 Deed of conveyance; validation, 694.11 Real estate authorized; prior conveyances validated,

694.13 Validated, 694.11

County administrator, appointment, 125.73 County officials, deficiency in salary, payment by board

from county general revenue, 145.141 County seat, 13S.01, 13S.12 Court, holding of; designation of places other than court­

house, 125.221 Cruelty to animals or children, investigating agents,

S2S.03 Dade County; powers, duties, etc., AS S6 Dam construction, notice of application, 347.02 Depositories of funds See: COUNTY FINANCES Disaster preparedness agencies and advisory councils,

establishment, 252.3S Districts

Boundaries, 124.01, 124.02, 124.03 Dade County, AS S6 Generally, AS S1 Number, 124.01

Docket fund, establishment of, 50.071 Elections

Alcoholic beverages; elections concerning sale, etc., 567.01, 567.05, 567.09, 567.11, 567.12

Duties generally See: ELECTION CODE subtitle County commissioners

Electronic voting systems; adoption, purchase or pro­curement; use, 101.5604

Eminent domain See: EMINENT DOMAIN Federal conservation of wildlife and fish; acquisition of

land; limited jurisdiction; prior notice required, 372.-771

Finances See: COUNTY FINANCES Fine and Forfeiture Fund See: FINE AND FORFEI-

TURE FUND Fine arts councils, duties, 265.32 Fire protection, 125.27 Firearms, license, 790.06 Fishing devices seized by; illegal use; disposition and ap­

praisal, 372.311 Franchises for county-owned and operated projects,

award, 125.012 Funds designated as income of office, 145.121 Game and fishing equipment seized; forfeiture proceed­

ings, 372.312, 372.313, 372.314, 372.315 Grand jury, 125.221, 125.59

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c INDEX c COUNTY COMMISSIONERS (Cont.) COUNTY COMMISSIONERS (Cont.)

Grants and facilities for mental health and mental retar-dation programs; authorization, 402.20

Hillsborough County, home rule charter, AS S6 Hospitals See: HOSPITALS subtitle County hospitals Housing land acquisition and site development assis-

tance See: HOUSING Implied powers, 125.01 Income of office defined, 145.121 Land purchase from state, procedure, 253.111 Lien enforcement against persons aided by court-

appointed counsel, 27.56 Local option elections See: ALCOHOLIC BEVERAGES Log ditches, 347.01, 347.02 Medical assistance to needy, 409.267 Medical examiners, funding, 406.07, 406.0S, 406.10,

406.16 Meetings, 125.001, 125.01 Mental health and mental retardation programs, con­

tracts for services and facilities authorized, 402.20 Metropolitan planning organizations, membership, 334.-

215 Mileage, constructive, 939.10 Mobile home park tenant relocation by rezoning, S3.760 Moonshine whiskey seizures, 562.39 Mosquito control districts See: MOSQUITO CONTROL

DISTRICTS National Guard, appropriations, 250.40 New community districts; duties re inactive districts,

163.612 New counties See: COUNTIES Nomination, 100.0S1 Number, election, etc., AS S1 Ordinance enactment procedure, 125.66, 125.67 Oyster bottom land grants, marking oflands, payment of

rentals, etc., 370.161 Oyster rehabilitation, appropriations, 370.16 Permits; issuance

Firearms; special permits, 790.12 Fireworks, 791.02 Riparian landowner, reconstruction of coastal struc-

tures, 253.124 Photographic recording authorized, 696.05, 696.06 Plumbing Code, copies; filed with, 553.06 Plumbing inspectors, hiring, 553.05 Poor mothers; aid See: INDIGENT PERSONS subtitle

Women having dependent children Powers and duties, generally, 125.01 Property Appraisal Adjustment Board expenses; appor-

tionment to, 194.015 Publication fees and commissions; payment, 116.05 Purchase of land held by state, procedure, 253.111 Racetracks and race meetings; use of funds derived from,

550.14 Real or personal property See: COUNTIES subtitle Prop­

erty Recall election, 100.361 Records

Audit, 125.Ql Licenses to carry pistols, 790.06 Minutes to show names and addresses of deputy she­

riffs, 30.0S Photographic recording authorized, 696.05, 696.06

Reports to Drainage committee, 157.05, 157.06 Fines and forfeitures, re, 142.03 Trustees for county bonds, 130.13

Retirement and Social Security matching payments, re-mittance, 122.35

Riotous assembly, dispersing, S70.04 Roads and bridges See: ROADS AND HIGHWAYS Saloons, closing during riot, 562.454 School superintendents, office for; provided by, 230.29 School taxes, duties re, 200.011 Seal, 125.17 Secondary Roads Assistance Act, 206.60 Sewer systems See: COUNTY WATER SYSTEM AND

SANITARY SEWER FINANCING LAW Sheriffs budget, review and amendment powers, 30.49 Shoreline preservation See: BEACH AND SHORE

PRESERVATION Suits

County officers; failure to perform duties re; venue, 137.07

Name of county, 125.15 Service of summons, 4S.111

Surplus Federal property, procurement and distribution See: SURPLUS PROPERTIES

Tax collectors, compensation and fees, duties re, 192.102 Taxes, duties See: PROPERTY TAXES Taxis, etc., power to license and regulate, 323.053 Terms of office, 100.041 Transfer of funds, 129.06 Utility lines, use on county road system, 125.42 Veterans affairs See: VETERANS subtitle Local govern-

ment veteran service officers Voting, commission meetings, 2S6.012 Voting machines and equipment acquisition See: ELEC­

TION CODE subtitle Voting machines and equipment Voting to pay illegal claim or for excess indebtedness,

subject to suspension or removal, 129.0S Waste and debris from mines; duties re, 533.03, 533.04,

533.05 Water

Lines on highway right-of-way; licenses, 125.42 Systems See: COUNTY WATER SYSTEM AND SANI­

TARY SEWER FINANCING LAW Wildlife and fish, Federal conservation of; lands and wa­

ters for; limited jurisdiction; consent by state, 372.771 Witnesses for state; compensation; review, 142.06 Women having dependent children See: INDIGENT

PERSONS

COUNTY COURT Administrative Procedure Act, inapplicable, 120.50 Administrative supervision by chief judge of circuit, A5

S2 Affidavit, state attorney; prosecution on, 34.13 Amount in controversy, A5 S20 Animals in distress, removal for humane disposition,

S2S.073 Appeals to circuit court, 26.012 Attachment, writ; jurisdiction, 76.03 Bailiffs, assistants, etc.; salaries; payment by county, 34.-

171 Branch courts; location suitable to county or municipali-

ties; procedure, 34.1S1 Budget, 43.16 Civil cases; executive officer, 34.07 Civil trials and hearings; place where held, A5 S7 Clerk

Circuit court, serve as, 34.031 Deputy clerk

Appointment; powers, 34.032

492

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c INDEX c COUNTY COURT (Cont.)

Clerk (Cont.) Deputy clerk (Cont.)

Arrest warrants; limitation on powers, etc., 34.032 Clerks of abolished courts to serve as, 28.091 Municipal clerk as; duties enlarged, 34.032 Oaths, affidavits and warrants, powers re, 34.13

Evidence, physical; destruction or sale, authority re; limitation, 43.195

Fines and forfeitures report, 142.03 Jurors See: JURY AND JURORS Oaths, affidavits and warrants, powers re, 34.13 Office permitted if authorized by general or special

law, A5 S16 Plea of guilty; reception at all times, exception; entry

on record, 34.131 Service charges, 28.231, 34.041 Witness compensation

County funding, disbursement procedure, 142.07, 142.08, 142.09

State funding, requisition and disbursement, 40.29, 40.30, 40.31, 40.32, 40.33, 40.34, 40.35

Collection of fines and forfeitures; deposit and payment, 34.191

Committing magistrates, judges to serve as, 34.01 Contempts, 900.04 Convictions; time period for convicted person to pay fine;

procedure, 34.161 Coroners, judges to serve as, 34.01 Costs See: COSTS Counties; fines and forfeitures received for violations of

ordinances; payments, 34.191 Court reporter See: COURT REPORTER Courtroom facilities, equipment, etc., county duties re,

43.28 Criminal cases See: CRIMINAL PROSECUTION Delayed birth certificates, 382.40, 382.44, 382.46 Deposit, fines and forfeitures, A5 S20 Divisions of court, A5 S20, 43.30 Evidence See: EVIDENCE Filing fees and costs, 34.041 Fines; period for payment by person convicted; proce-

dure; bail, etc., 34.161 Forfeitures, disposition, A5 S20 Garnishment; payment as prerequisite to appeal, 77.27 Indictment, grand jury; prosecution on, 34.13 Information, prosecuting attorney; trial on, 34.13 Injunctions, A5 S20 Inquest, petition for, 936.003 Judge See: COUNTY COURT JUDGE Judgment liens, 55.09 Judgments enforced, 28.16 Judicial Administrative Commission, 43.16 Judicial power vested, A5 S1 Jurisdiction

Acts subjecting persons to; enumeration, 48.193 Certain prior courts; jurisdiction transferred from,

34.01 Civil cases under certain amount, 34.01 Criminal, 34.01, 900.03 Generally, A5 S6, 34.01 Landlord and tenant, 34.011 Municipal and county ordinances; violations of, 34.01 Replevin; separation of articles to give jurisdiction,

prohibited, 78.03 Small claims, 34.01

Jurors See: JURY AND JURORS Jury districts, 40.015

COUNTY COURT (Cont.) Jury trial petition, ordinance violations, 932.61 Legal aid program, 34.041 Littering, noncriminal violation, 403.413 Location; request by county or municipality for conve­

nient place, authority of chief judge of circuit re, A5 S20

Misdemeanor complaint; prosecution based on, 34.13 Municipal prosecutors; authority re ordinance viola­

tions, 34.13 Municipalities

Branch court, location suitable to; procedure, 34.181 Court facilities, courtrooms, etc.; responsibilities re

trial of municipal violations, 43.28 Fines and forfeitures; received for violations of ordi­

nances; payments, 34.191 Nonpayment of costs; penalty, 34.041 Nuisance injurious to public health, safety, or morals;

removal order, 823.01 Organization, generally, A5 S6 Practice and procedure, governed by rules adopted by

Supreme Court, A5 S2 Pretrial notice to parent or guardian of minor, 925.07 Process, service, 34.07 Prosecution in; method, 34.13 Punishment; period for payment of fine by convicted per­

son; procedure, etc., 34.161 Revision of judicial article; effect on jurisdiction and

pending proceedings, A5 S20 Secretaries, salaries of; payment by county, 34.171 Service charges and filing fees, 34.041 Sessions of court, A5 S20 Sheriff

Compensation, 34.08 Duties, 34.07 Executive officer, 34.07

Specialized divisions, authority to sit in, A5 S7 State attorney; duties re affidavits for prosecution, 34.13 Supreme Court, duties, 34.181, 34.191 Traffic fines and forfeitures, distribution, 316.660, 318.-

21, 318.22 Traffic violation cases See: TRAFFIC VIOLATIONS sub­

title Disposition Unclaimed property, custody and control See: UN-

CLAIMED PROPERTY Uniformity of jurisdiction throughout the state, A5 S6 Waiver of filing fees and costs, 34.041 Work release program prisoners, supervision cost levy,

951.24

COUNTY COURT JUDGE Additional judge, A5 S20 Agents for societies for prevention of cruelty to animals

or children; approval of appointment, 828.03 Assignment to temporary duty in another court, A5 S2,

25.074 Certain judges of; eligibility for election as county court

judge, A5 S20 Child labor violations, charge to grand jury, 450.121 Circuit judge, temporary designation, 26.57 Committing magistrate, designation as, A5 S20, 34.01 Conservator of the peace, A5 S19 Coroners, serve as, 34.01 Counties, certain; Florida Bar membership inapplicable,

A5 S20 Criminal procedure law, failure to perform duties, 839.-

24, 914.12 Discipline, removal or retirement, procedures re, A5 S12

493

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c INDEX c COUNTY COURT JUDGE (Cont.)

Disqualification See: JUDGES Election See: ELECTION CODE subtitle Justices and

judges Eligibility requirements, A5 S8, 34.021 Emergency hospitalizations, authority re, 26.012 Expenses; payment by county, 34.171 Grand jury witness; written memorandum, failure to is­

sue, 914.12 Judges not elevated to circuit court; effect re term of

office, 34.023 Judicial council, duties re, 43.15 Justices of the peace, certain; eligibility for election as,

A5 S20 Marriage licenses, 382.24, 741.01, 741.0405 Misconduct, A5 S12 Nonjudicial duties of county court judges to be performed

by, A5 S20 Number of judges, generally, A5 S6, A5 S9, A5 S20, 34.-

022 Photographic recording of records authorized, 696.06 Prohibited activities, A5 S13 Qualifications, 34.021 Removal or suspension from office; grounds, 914.12 Retired judge, active service assignment, 25.073 Retirement, Florida Retirement System, 121.052, 121.-

091 Salaries to be fixed by general law, A5 814, 34.024 Search warrants; issuance, 933.01, 933.07 Sheriffs report of funds received, 705.05 Special census, effect of, 11.031 Speculation in county warrants; penalty, 839.04 Temporary orders and injunctions, authority re, 26.012 Term of office, A5 S10 Travel expenses, 112.061 Vacancies in office, procedure for filling, A5 S11 Waiver of costs, 34.041

COUNTY FINANCES Audits See: COUNTIES Bond requirement for handling, 219.03 Bonds See: COUNTY BONDS Budget

Accounting, accrual basis, 129.06 Accounts, uniform classification, 129.01, 339.083 Administrator's duties, 125.74 Adoption, 129.03 Amendments, 129.06 Appropriations, receipts, reserves; balancing, 129.01 Auditor not to sign illegal warrants, 129.09 Bond interest and sinking fund, 129.01, 129.02 Budget officer, 129.025, 129.03 Capital and operating budgets, approval, 125.86 Capital outlay reserve fund, 129.01, 129.02 Clerk of circuit court, 129.03 Commissioners' approval, 129.03 Comptroller, 129.03 Consolidation of funds, 129.011 Contracts void in excess of budget, 129.07 County officers' budgets, detailed information, 129.021 County officials, 125.01 County transportation trust funds, 129.02, 336.03,

339.083 Estimate of revenue and receipts, 129.03, 129.05, 200.-

065 Examination and approval, 129.03 Excess indebtedness, 129.07, 129.08, 129.09 Executive's duties, 125.85

COUNTY FINANCES (Cont.) Budget (Cont.)

Expenditures Amendments, limitation, 129.06 Contracts for; exceeding; void, 129.07 Estimated revenue, 129.02 Increased receipts for particular purpose, 129.06 Limited, 129.07 Regulated by budget adoption, 129.06

Fine and forfeiture fund, 129.02 Fiscal year, 129.04 General fund, 129.02 Hearing, 129.03 Illegal claims, commissioners voting for payment,

penalty, 129.08 Indebtedness in excess of budget, liability, 129.07 Millage rate, fixing, method, 129.05 Preparation procedure, 129.03 Public record, official budget, 129.03 Publication, 129.03 Receipts, reserves, appropriations; balancing, 129.01 Requests, detailed information, 129.021 Requirements, general, 129.02 Reserves; contingencies, cash balance, bond interest,

and sinking funds, 129.01 Sheriff, 30.49, 129.03 Special district operating fund, 129.02 Supervisor of elections, 129.03 Taxation

Assessed valuation of property, certification, 129.03 Levy of tax, control by budget, 129.01 Millage rate, fixing, method, 129.05 Property appraisers and tax collectors, budget re­

view, 195.087 Transfer of money from one fund to another, 129.01,

129.06, 218.06 Unexpended balances, 129.06 Unlawful to exceed budget, 129.07 Violations; penalty, 129.07, 129.08, 129.09

Cash book, 219.04 Competency proceedings, reimbursement claim, 7 44.331,

744.387 Continuing duty, 219.08 Debts incurred for funding of retirement system; limita­

tion, 122.351 Definitions, 219.01 Depositories

Banks, 136.01, 136.02 Clerk of circuit court, duties, 136.02 Collateral security, 136.01, 136.02 Deposit of funds, 136.03 Direct deposit of funds, 136.06, 215.85 Examination of accounts, 136.08 Funds eligible for deposit, 136.01 Generally, 219.05 Interest, 136.04 Overdrawing of accounts, 136.05 Public moneys collected by county officers, 219.02,

219.05 Qualification, 136.02 Receipts for deposits, 136.03 Recordkeeping requirements, 136.05 Reports, 136.02, 136.07 Savings or time deposit accounts, 136.04 Sheriffs fees and compensation, 30.51 Warrants, 136.06, 219.05 Withdrawal of funds, 136.04, 136.06

494

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c INDEX c COUNTY FINANCES (Cont.)

Deputies and employees handling public money; bond requirement, 219.03

Disbursement, records maintained, 219.04 Excess funds from investments by State Board of Admin­

istration, 344.24 Financial emergencies See: LOCAL GOVERNMENT Financial reporting See: LOCAL GOVERNMENT subti­

tle Financial management and reporting Fines and forfeitures See: FINE AND FORFEITURE

FUND Fiscal year, 129.04 General fund, 129.011 General laws; economic impact, financing mandated ser-

vices, 11.076 Hospitals; expenditure of funds in maintenance, 155.03 Millage rates, categories, 200.191 Moneys received, treasury deposit time limit, 116.01 Monthly disbursement; exceptions, 219.07 Public health trusts, appropriations for, 154.10 Public work grants, transfer of funds to obtain, 218.06 Record of receipts and disbursements; requirement,

219.04 Refunding bonds; disposition of funds raised to pay,

218.02 Revenue sharing See: REVENUE SHARING Road and bridge tax, 129.011 Salaries out of public moneys; handling requirements,

219.06 Sheriffs, handling of public moneys by, 30.52 Surplus funds investment See: LOCAL GOVERNMENT Taxes See: PROPERTY TAXES Transfer of funds, 129.01, 129.06, 218.06 Trust funds

County health unit trust funds, 216.341 Local transportation gas tax trust fund, 336.021 Rapid transit trust fund, 125.0165 Redevelopment trust fund, 163.387 Tourist Development Trust Fund, 125.0104 Transportation trust fund, county, 129.01, 129.011,

129.02, 336.03, 339.083 Unincorporated area programs, funding, 125.01 Unused funds, certain; disposition, 218.02

COUNTY HOME RULE CHARTERS Sales tax, local discretionary, 212.055, 212.12

COUNTY HOSPITALS See: HOSPITALS

COUNTY OFFICERS AND EMPLOYEES Account books, 116.07, 116.09 Acting before qualifications met, penalty, 839.18 Administrator, 125.72, 125.73, 125.74 Age discrimination See: AGE DISCRIMINATION Appointment by Governor; procedure for confirmation,

A4 S1 Audit of, 11.45, 17.04 Benefits, continuance on transfer to public health trust,

154.10 Bids for public work, 839.10 Bonds of officers

Amount, 137.02, 137.03 Approval, 137.01, 137.02, 137.04, 137.09 Deputy sheriff, 30.09 Examination by county commissioners, 137.05, 137.07 Exemption, 69.011

495

COUNTY OFFICERS AND EMPLOYEES (Cont.) Bonds of officers (Cont.)

Failure of Comptroller or county commissioners to per-form duty, 137.07

Failure to qualify, A10 S3, 137.06 Filing with Department of State, 137.01 Harbormaster, 313.02, 314.02 Justification and approval, 137.09 Necessity of giving, 137.01 New bonds, 137.05, 137.06 Property appraiser, 137.03 Sheriffs, 30.01, 30.02 Sureties

Justification, 137.09 Necessity, 137.01 Number, 137.08 Provisions not applicable to surety companies,

137.10 Sums for which bound, 137.08

Tax collector, 137.02 Branch offices, maintaining, AS S1 Bribery, 838.015 Budget requests, county officers, 129.021 Civil penalties, Code of Ethics violations, 112.317 Civil service systems, A3 S14, 125.01, 125.88 Civil suits See: ACTIONS subtitle Public officers and

employees Claims against; adjustment and settlement, 17.041 Code of Ethics See: CODE OF ETHICS Collective bargaining See: COLLECTIVE BARGAINING Commissioners See: COUNTY COMMISSIONERS Commissions, fees, expenses, etc., of county officers, re-

port re, 218.36 Community redevelopment project interest prohibited,

disclosure, 163.367 Compensation

Annual percentage increase, 145.19 Clerk of circuit court, 145.051 Commissioners, 145.031 County comptroller, 145.051 County officials, certain; enactment of special or local

laws prohibited, 145.16 Deductions, approval, 112.171 Deficiency in salary; payment by board from county

general revenue, 145.141 Definitions, 145.021 Designated officers, 145.012 District school boards, 145.041 Fee officers; guaranteed salary in lieu of fees, 145.14 Government employees deferred compensation plan,

112.215 Insurance payments, not deemed compensation, 145.-

131 Legislative intent, 145.011 Limitation, salary increases, 145.18 Procedure in determining pay of certain officials, es­

tablishing, 145.121 Property appraiser, 145.10 Repeal of certain local or special laws, exceptions, 145.-

131 Resolution may guarantee salary in lieu of fees; filing;

exception, 145.022, 145.14 Sheriffs, 145.071 Special laws, 145.16 Superintendents of schools, 145.08 Supervisor of elections, 145.09, 145.121 Supplemental; acceptance by certain officials, penalty,

145.17

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c INDEX c COUNTY OFFICERS AND EMPLOYEES (Cont.)

Compensation (Cont.) Tax collector, 145.11 Uniform salary plan

Annual adjustments to conform with plan, 145.121 Fees as income of office, 145.121 Implementation, 145.121 Legislative intent, 145.011 Procedures in determining pay of certain officials,

establishing, 145.121 Special laws, 145.16 Travel expenses for chairman of county commission­

ers, 145.121 Comptroller, 28.243, 145.051, 201.11 Confidential or privileged information, misuse of; ele­

ments, penalty, 839.26 Corruption by threat against, 838.021 Counterfeit money received, loss as office expense, 116.-

015 County fee officers; budget, manner of preparation,

218.35 Criminal Procedure Act; penalty for failure to perform

duties, 839.24 Dade County; home rule charter, effect, A8 S6 Deputies speculation in county warrants, 839.04 Disclosure statements, financial, A2 S8, 112.3145 Discrimination, 112.042, 112.043, 112.044, 448.075, 448.-

076 Dismissal or removal; grounds, 112.317 Dual offices; public officers holding two offices simulta-

neously, prohibited, A2 S5 Duties, A8 S1 Elected officers See: OFFICERS Election See: ELECTION CODE Employment of relatives, restricted, 116.111 Engineer, 336.03 Expenditures, reports of; filing, 116.03 Facsimile signatures, illegal use on certain instrument

by unauthorized persons, penalty, 116.34 Fees

Handling, 219.06 Office income, not retainable by individual, 145.121 Reports, 116.03

Funds Income of office, 145.121 Moneys received, treasury deposit time limit, 116.01 Surplus to current office needs, investment, 219.075

Government employees deferred compensation plan, 112.215

Grand jury, ineligible for service, 905.01 Group insurance See: INSURANCE subtitle Public em-

ployees Income of office defined, 145.121 Insurance payments, not deemed compensation, 145.131 Interchange with other governments See: STATE EM-

PLOYEES Interchange with universities, 112.24 Land transaction with governmental units, disclosure of

beneficial interests required, 286.23 Law enforcement officers; death and bodily injury bene-

fits; insurance coverage, 112.19

COUNTY OFFICERS AND EMPLOYEES (Cont.) Oath (Cont.)

Communist affiliations after taking, 876.07 Condition to approving pay voucher, 876.05 Failure to comply, penalty, 876.08 Failure to take, discharge, 876.06 False oath; penalty, 876.10 Required to take, 876.05 Scope of law, 876.09

Oath of office, A2 S5 Offenses by officers See: OFFICERS subtitle Suspension

or removal Office and records at county seat, A8 S1 Officers generally See: OFFICERS Official misconduct, elements of; penalty, 839.25 Official statements made to, false; penalty, 837.06 Political activity; limitations; penalties, 104.31, 413.35 Political candidates, resignation from office or employ-

ment, 99.012 Property appraiser See: PROPERTY APPRAISERS Puerto Rican bonds or obligations, investment, 518.152 Records, 839.13, 839.14 Residence requirements for employment removed, 112.-

021 Salary

Deductions, 112.171 Deficiency, 145.141 Garnishment, attachment, 61.12

Sheriffs See: SHERIFFS Social Security

Administration, cost, 650.05 Contribution fund, 650.06 Contributions, 650.03, 650.04 Established, 650.03 Plans for coverage of employees; requirements; state

agency, 650.05 Refunds of contribution for overpayment, 650.04 Rejection of plan, 650.05 Separate retirement systems, 650.03 State agency, rules and regulations, 650.07

Statewide grand jurors, excused from employment, 905.37

Supplies for public use; purchase, 839.08, 839.09 Suspension, removal, or reinstatement See: OFFICERS Tax collectors See: TAX COLLECTORS Tax-sheltered annuities or custodial accounts, invest­

ments for employees, 112.21 Terms of office, A8 S1, A12 S3 Testimonials to elected officers and candidates for office,

106.025 Travel expenses, 112.061 Travel, free or reduced rates, 358.11, 358.12, 358.13 Unclaimed bond money; payment to fine and forfeiture

fund; limitation, 116.21 United States securities, payroll deductions, 215.28 Unlawful compensation for official behavior, 838.016 Vacancies in office, A4 S1, 100.111, 114.04 Volunteers See: VOLUNTEER SERVICE Wage deductions; approval, 112.171 Warrants for overpayment; issuance, 17.12

Leave of absence See: LEAVE OF ABSENCE Liability insurance coverage, 111.072, 286.28 Limitation, prosecution of misconduct, 775.15

COUNTY SEATS

Moneys received, counterfeit; loss as office expense, 116.-015

Notaries public, commissioned as, 116.35, 116.37 Oath

496

Auxiliary county offices; conduct of proceedings in civil, equity and criminal action; authorization, 125.222

Branch offices, maintaining, A8 S1 Clerk of circuit court, place of office, 28.07 Election to change

Ballots, 138.05

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c INDEX c COUNTY SEATS (Cont.)

Election to change (Cont.) Canvass of votes, 138.06, 138.09 Conduct, 138.03 Contests, 138.06 Majority vote; determination, 138.06 Names of towns, etc.; filing with clerk of circuit court,

138.04 Order by county commissioners, 138.02 Petition, 138.01 Qualifications of voters, 138.02 Return, 138.03 Second election

Canvass of votes, 138.09 County buildings; effect of erection, 138.10 Exceptions to operation of law, 138.10 Order, 138.07 Two towns receiving highest vote, 138.08 Use of money, etc., 138.11 When held, 138.07

Expansion by resolution; procedure, 138.12 Offices and records, A8 S1 Removal, A8 S1 Sheriffs; office and residence, 30.10, 30.11

COUNTY TAXES Ad valorem See: PROPERTY TAXES Intangible personal property, A7 S9 License taxes See: LICENSES AND LICENSE TAXES Liens, foreclosure See: PROPERTY TAXES subtitle

Liens Personal property See: PROPERTY TAXES Sales tax, local discretionary, 125.0165 Special road and bridge districts See: ROADS AND

HIGHWAYS Tangible personal property See: PROPERTY TAXES

subtitle Personal property Tourist development tax, local option, 125.0104 Unincorporated areas, 125.01

COUNTY WATER SYSTEM AND SANITARY SEWER FINANCING LAW Adjoining counties, authorized to construct in, 153.03 Alternative method, 153.20 Annual report by county commissioners, 153.13 Bonds

Assessment bonds, issuance; enforcement, 153.74 Authority to issue, 153.03 Bids for construction projects; notice; requirement,

153.10 Covenants of district boards with bondholders, 153.66 Election prior to issuance, 153.08 Form, 153.06, 153.63 Full faith and credit of district, 153.63, 153.68 General obligation bonds

Election and notice, 153.07, 153.68 General provisions, 153.07, 153.70 Issuance, 153.07, 153.68 Special assessments for payment, 153.07 Tax levy, 153.07, 153.68

Issuance procedure, 153.06, 153.56, 153.63, 153.71 Loss and replacement, 153.63 Negotiable instruments, qualities of; rights of holders,

153.72 Proceeds, use of, 153.06, 153.63 Public bodies, security for, 153.77 Qualities of negotiable instruments, 153.72 Refunding, 153.16, 153.17

497

COUNTY WATER SYSTEM AND SANITARY SEWER FINANCING LAW (Cont.) Bonds (Cont.)

Remedies of bondholders, 153.15, 153.72 Revenue; issuance, 153.63 Rights of holders, 153.72 Services, payment for, 153.78 Special assessments for payment, 153.08 Tax assessments pledged to payment, 153.05 Taxes levied for; amount certified to property ap-

praiser; requirements, 153.69 Trust fund established, 153.65 Trustee authorized~ 153.65 Water and sewer district general obligation bonds,

153.08 Water revenue and sewer revenue bonds

Combined systems, financing, 153.091 County not obligated, 153.10 Election if required by constitution, 153.10 General provisions, 153.09 Payable from specific sources, 153.10 Pledge of bonds limited to revenue, 153.10 Procedure authorizing issuance, 153.09 Refunding, 153.16, 153.17 Service charges, 153.11 Use limited, 153.10

Circuit court, jurisdiction over district matters, 153.59 Citation, 153.01 Clerk of circuit court, duties, 153.56, 153.58, 153.59, 153.-

73, 153.75 Combined systems, construction and financing, 153.091,

153.53 Construction

Adjoining counties, authority to construct in, 153.03 Contracts, 153.79, 153.86 Improvements See: COUNTY WATER SYSTEM AND

SANITARY SEWER FINANCING LAW subtitle Improvements

Law construed, 153.88 Procedure, 153.04, 153.05

Contracts Authority to enter into, 153.03 Bond issuance proceedings, 153.72, 153.7 4 Building contractors, 153.03 Construction, approval, etc., 153.79, 153.86 Enforcement by bondholders, 153.84 Federal agencies, 153.03 Powers, 153.60, 153.62 Remedies, 153.72 Terms, 153.03

County commissioners Annual report by, 153.13 Combinations of noncontiguous districts, 153.53 Districts; alternative method of establishment, duties

re, 153.53 Ex officio boards of districts, 153.60 Expenses, 153.61 Hearings, findings, and notice, 153.55 Petition by electors, 153.54 Powers, 153.60 Reports by; contents, 153.54, 153.55

County Water and Sewer District Law, 153.50 Definitions, 153.02, 153.52 Districts

Alternative method of establishment in unincorpo­rated areas, 153.53

Boards Construction, approval of, 153.86

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c INDEX c COUNTY WATER SYSTEM AND SANITARY SEWER

FINANCING LAW (Cont.) Districts (Cont.)

Boards (Cont.) Covenants with bondholders in general, 153.66 Duties and powers in general, 153.62, 153.73, 153.74,

153.86 Members; compensation, etc., 153.53 Report, annual, 153.75 Tax levies, annual; certification to property ap-

praiser; requirements, 153.69 Bonds, issuance and election, 153.56 Combinations of noncontiguous districts, 153.53 County property appraiser; designation as ex officio

district property appraiser, 153.69 Creation; expenses, 153.05, 153.08, 153.61 Description, 153.58 Engineer, duties, 153.73 Establishment in unincorporated areas, 153.53 Full faith and credit, 153.63, 153.68 Hearings and findings of commission, 153.55 Petition for, 153.53, 153.54 Property appraiser; duties re alternative method of

establishing, 153.53 Property; mortgage or sale prohibited; exceptions,

153.87 Reports of commissioners, 153.54 Unincorporated areas; establishment, 153.53

Elections Alternative method of establishing districts; proce-

dure, 153.53 Ballots, 153.57 Expenses, 153.56, 153.61 General obligation bonds, 153.68 Incorporation petition; new petition; time of filing,

153.58 Inspectors and clerks, 153.57 Notice, 153.56, 153.68 Publication or estoppel, 153.58 Resolution of creation, 153.58 Results and notice, 153.58

Eminent domain, power of; exceptions, 153.03 Ex officio board, 153.60 Expenses, 153.61 Federal grants, authorized to accept, 153.03 Fees See: COUNTY WATER SYSTEM AND SANITARY

SEWER FINANCING LAW subtitle Rates, fees, and charges

Financing of projects Application of revenues, 153.13 Bonds; contracts; Federal grants; gifts, 153.03 Moneys received constitute trust funds, 153.14 Rates, fees, and charges, 153.03, 153.05, 153.11, 153.12 Special assessments, 153.05 Taxation, 153.05

Free water and sewer service prohibited, 153.83 Hearings

Findings and notice, 153.55 Public, 153.55 Rates, fees, and charges, 153.11 Special tax assessments, 153.05

Improvements Bids, receipt, and notice, 153.73 Construction

Contracts, 153.79, 153.86 Plans and specifications, 153.73 Reconstruction, 153.73

Liens, 153.73

COUNTY WATER SYSTEM AND SANITARY SEWER FINANCING LAW (Cont.) Improvements (Cont.)

Special assessments, levy and payment, 153.73 Indebtedness, certificates of, 153.74 Injunction to restrain contamination of water system,

153.03 Judicial process, exemptions, 153.87 Laws not repealed, 153.20 Legislative intent, 153.51 Liens, 153.73 Maps, surveys, etc., obtaining declared a county purpose,

153.04 Mortgage or sale of district property prohibited, 153.87 Municipal property excepted from condemnation, 153.03 Municipalities; contracts of, not affected, 153.03 Notice of formation of district, 153.05 Objections to plans and specifications, 153.05 Petition of landowners to establish districts, 153.53 Privately owned water systems, 153.19 Procedure for construction, 153.04, 153.05 Property

Acquisition procedures, 153.03 Conveyances without consideration, 153.85 Mortgage or sale prohibited; exception, 153.87 Real property interests, 153.60 School property subject to special assessments, 153.05 Tax exemptions, 153.18, 153.76

Publication Estoppel, 153.58 Notice of bond issuance, 153.71 Plans and specifications, 153.05 Preliminary tax roll, 153.05

Publicly owned property subject to special assessments, 153.05

Purchases; lands, capital stock of operating entities, etc., 153.03

Rates, fees, and charges Additional charge, 153.11 Application of revenues, 153.13 Assessment and collection, 153.64 Authority to fix and collect, 153.03 Basis, 153.11 Collection, 153.12 Hearings and notice, 153.64 Installation charges, 153.11 Procedure, 153.64 Public hearing, 153.11 Resolution to provide for, 153.11 Trust funds, 153.14 Uniformity requirement, 153.83 Unpaid fees to constitute lien, 153.67

Records of election results, 153.58 Reports, district board, 153.75 School property subject to special assessments, 153.05 Seals, 153.60 Services and facilities, 153.64, 153.67 Sewage disposal system

Adjoining counties, authorized to construct in, 153.03 Consolidation, 153.80 County commission; authority to construct, 153.03 General obligation bonds; issuance; elections and tax

levy, 153.68 Hearings on rates and fees, 153.64

Sewage treatment facilities, loan program, 403.1835 Sewer systems, free services, prohibited, 153.83 State lands under water; use authorized, 153.04

498

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c INDEX c

COUNTY WATER SYSTEM AND SANITARY SEWER FINANCING LAW (Cont.) Supervisor of elections to assist county commissioners in

establishing districts, 153.53 Taxation

Ad valorem Levy and collection, 153.81 Maintenance, 153.81 Special assessments; handling procedure, 153.82 Without rate or limit, 153.56, 153.62

Annual special tax, 153.68 Application of revenues, 153.13 Assessment roll, 153.05 Districts to be created, 153.05 Exemptions, 153.18, 153.76 General obligation bonds, 153.07 Lien of taxes, 153.05 Payment to tax collector, 153.05 Pledge to payment of bonds, 153.05 Schools and public lands subject to, 153.05 Special assessments, 153.05, 153.73 Time of payment, 153.05 Trust funds, 153.14

Treasurer, district, duties, 153.82 Trust funds, establishment and use, 153.65 Water system

Adjoining counties, authorized to construct in, 153.03 Consolidation, 153.80 Contamination; authority to restrain, 153.03 County commissioners; authority to construct, 153.03 Free services, prohibited, 153.83 General obligation bonds; issuance; elections and tax

levy, 153.68 Hearings on rates and fees, 153.64 Rates, fees and other charges, 153.64

COURT REPORTER Appointment, 29.01 Assistant court reporters; appointment, residence, etc.,

29.10 Attorney General, duties re Supreme Court, 16.101 Circuit judges; appointment of reporter, 29.01 Compensation, 29.03, 29.05 County contributions re costs; criminal proceedings,

29.04 County court, appointment by circuit judges, 29.01 Court-martial, 250.37 Criminal appeals; compensation, 29.05 Criminal Procedure Act; penalty for failure to perform

duties, 839.24 Criminal proceedings; county cost contribution re, 29.04 Disqualification, special court reporter, 29.07 Duties, 29.02, 29.04 Expenses, 29.04, 57.071 Judicial Administrative Commission, budget, 43.16 Judicial circuit, number allowed, 29.03 Qualifications, 29.01 Salary, 29.03, 29.04 Single circuit, to report in, 29.04 Special reporter; appointment, duties and compensation,

29.07 Subject to call and order of circuit judge, 29.04 Supreme Court; Attorney General, duties re, 16.101 Term, 29.01 Transcript, criminal case, 29.05, 29.06 Volusia County, exception, 29.04 Workers' compensation depositions, fees, 440.30

499

COURTHOUSES Courtroom facilities, equipment, etc.; counties, duties re,

43.28 Execution sales, 56.23, 56.24 Posting notices, 49.11 Unclaimed property in custody of court, proceedings for

forfeitures; notice, 116.25 United States flag displayed, 256.01, 256.011

COURTS Abolished; residual jurisdiction, circuit court, 26.56 Administration supervision, Supreme Court to adopt

rules re, A5 S2 Administrative Procedure Act, inapplicable, 120.50 Administrative supervision, powers and duties of presid­

ing circuit judge, 43.26 Appellate courts

District courts See: DISTRICT COURTS OF APPEAL Supreme Court See: SUPREME COURT

Appellate districts See: DISTRICT COURTS OF AP­PEAL

Arrest records; acquittal or release without adjudication of guilt, 901.33

Assessment, police training programs, 943.25 Attorneys-at-law as officers, 454.11 Auxiliary county offices; conduct of proceedings in civil,

equity and criminal action; authorization, 125.222 Budget, 216.023 Chancery See: CHANCERY Child custody jurisdiction See: CHILD CUSTODY JU­

RISDICTION Circuit court

Clerks See: CLERK OF CIRCUIT COURT Generally See: CIRCUIT COURTS Judges See: CIRCUIT COURT JUDGES

Clerks generally See: CLERKS OF COURTS Contempt See: CONTEMPTS Costs See: COSTS County See: COUNTY COURT Courtroom facilities; equipment, etc.; county duties re,

43.28 Courts of appeal See: DISTRICT COURTS OF APPEAL Criminal cases See: CRIMINAL PROSECUTION Defendants, probation hearing, 948.01 Depositions See: DEPOSITIONS Detainers, interstate agreement, enforcement and coop­

eration, 941.47 District courts of appeal See: DISTRICT COURTS OF

APPEAL Divisions of court, A5 S20, 43.30 Drug abuse treatment programs, 397.061 Employees, employment and personnel policies, 25.382 Energy management coordinator, 255.257 Evidence Code See: EVIDENCE CODE Evidence See: EVIDENCE Federal courts See: FEDERAL COURTS Florida cases, publication, appropriation, 25.381 Governor's emergency proclamation; to prevent violence

or threats of violence; enforcement, 14.022 Grand jury See: GRAND JURY Judgments; recordation, 28.29 Judicial Administrative Commission, 43.16 Judicial Nominating Commission, 43.29 Judicial power vested, A5 S1 Judicial Qualifications Commission, 43.20 Jurors See: JURY AND JURORS Legal and official advertisements relating to proceedings

See: ADVERTISEMENTS AND ADVERTISING

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c INDEX c COURTS (Cont.)

Mentally ill persons, involuntary placement, 394.463, 394.467

Money paid into, disposition of unclaimed funds, 43.19 Office of clerks, opening and closing hours, 43.27 Open to all for remedies, A1 S21 Orders; recordation, 28.29 Places for holding, 125.221 Practice and procedure, governed by rules adopted by

Supreme Court, A5 S2 Proceedings during vacation

Contempt of court, 38.23 Day for appearance of defendant when day in vacation

named in bail undertaking, 903.32 Enjoining defaulting tax collector, etc., 215.08 Habeas corpus, 79.01, 79.05, 79.07, 79.08 Information; filing, 932.47 Jurors, compensation, 40.25 Special terms of circuit court, ordering, 26.21 Uniform Veterans' Guardianship Law, petition to sell

ward's real estate, 2~4.10 Proceedings, record of minutes; clerks, duties re, 28.212 Process See: PROCESS Public defender, special assistant; appointment, 27.53 Records

Expunction, persons acquitted or released without ad­judication; procedure, 901.33

Lost; reestablishment See: REESTABLISHMENT OF LOST DOCUMENTS

Registry See: DEPOSITS IN COURT Removal of causes, A5 S2, A5 S20 Schedule for implementation of Judicial Article, A5 S20 Small claims jurisdiction, 34.01 State courts system, 25.382, 216.023 Statutory construction; amendatory acts passed at same . session, 1.04 Supreme Court See: SUPREME COURT Termination of existence of certain courts, schedule re,

A5 S20 Traffic infractions See: TRAFFIC VIOLATIONS Transfer of causes See: VENUE Unclaimed registry funds; disposition, 43.19 United States See: FEDERAL COURTS Vacation proceedings See: COURTS subtitle Proceedings

during vacation Venue See: VENUE Witnesses See: WITNESSES

COVENANTS See: DEEDS AND CONVEYANCES

CREAM See: MILK AND MILK PRODUCTS

CREDIT Alcoholic beverages sales, 561.42 Commercial Code See: COMMERCIAL CODE Credit cards See: CREDIT CARDS Discrimination based on sex, marital status or race, pro-

hibited; damages, 725.07 False statement to obtain credit, 817.03, 817.04, 817.05 Foreign insurers, 624.429 Insurance agents, reports, 626.521 Insurance credits allowed, 624.429 Sales tax credit sales, due date of tax, 212.06 State, county or municipality, pledge or loan of, A7 S10 Teachers' Retirement System, service credit, disputed

cases, 238.32

CREDIT (Cont.) Usury See: USURY Worthless checks and drafts See: WORTHLESS

CHECKS

CREDIT CARDS Application, false statement as to financial condition or

identity, 817.59 Bank loans, interest rates, 659.181 Community colleges, 240.319 Construction of act, not exclusive, 817.68 Counterfeiting, etc., penalty, 817.48i Credit Card Crime Act, 817.57 Defenses not available, 817.65 Definitions, generally, 501.011, 817.58 Discrimination based on sex, marital status or race, pro-

hibited; damages, 725.07 Existing law, effect on, 817.68 Expired credit card defined, 817.58 False statements, penalty, 817.59 Forgery

Falsely making or embossing, 817.60 Intent to defraud, 817.60 Issuer or cardholder, misrepresentation, 817.62 Presumption from possession, penalty, 817.60 Sellers of goods, intent to defraud issuer or cardholder,

817.62 Uttering falsely made card, 817.60

Fraud by person authorized to provide goods or services, 817.62

Fraudulent use, penalty, 817.481, 817.61, 817.64 Incomplete credit card; possession by person other than

cardholder, 817.63 Insurance, 626.9541 Invoices, alteration with intent to defraud; penalties,

817.645 Issuer defined, 817.58 Liability of unsolicited cardholder, 50i.011 Machinery or plates; possession with knowledge;

penalty, 817.63 Money or goods fraudulently obtained, knowledge or be­

lief of fraud necessary; penalty, 817.64 Number or device, unauthorized use, 817.481 Penalties, 817.59, 817.60, 817.61, 817.62, 817.63, 817.64,

817.67 Political campaign use, 106.125 Presumptions, submission to jury, when, 817.66 Receipt of money, etc., obtained by fraudulent use of,

817.64 Revoked credit card, knowledge of revocation presumed,

817.61 Sellers of goods, fraud, 817.62 Signing card of another; intent to defraud; penalty,

817.60 State universities, 240.289 Telephone or telegraph service theft, 817.483 Theft, 817.483, 817.60 Unauthorized use of credit cards, 817.481 Unsolicited cards, mailing, etc., prohibited; penalty, 501.-

011

CREDIT LIFE AND DISABILITY INSURANCE See: INSURANCE

CREDIT UNIONS Amendment of bylaws, approval, 657.02, 657.07 Banking and Finance, Department of

Administrative procedure, 120.60

500