Terms Used In Florida Statutes > Chapter 327 - Vessel Safety

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means the Agency for Health Care Administration. See Florida Statutes 409.962
• Airboat: means a vessel that is primarily designed for use in shallow waters and powered by an internal combustion engine with an airplane-type propeller mounted above the stern and used to push air across a set of rudders. See Florida Statutes 327.02
• alliance: means the group of stakeholders, community leaders, client representatives, and funders of human services established pursuant to…. See Florida Statutes 409.986
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assistance services: means those assessments, individualized therapies, and other medical, educational, and social services designed to enhance the environment for the high-risk or handicapped preschool child, in order to achieve optimum growth and development. See Florida Statutes 411.202
• Authorized representative: means an individual who has the legal authority to make decisions on behalf of a Medicaid recipient or potential Medicaid recipient in matters related to the managed care plan or the screening or eligibility process. See Florida Statutes 409.962
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Barge: means a vessel that does not have living quarters, is not propelled by its own power, and is designed to be pushed or pulled by another vessel. See Florida Statutes 327.02
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Boating accident: means a collision, accident, or casualty involving a vessel in or upon, or entering into or exiting from, the water, including capsizing, collision with another vessel or object, sinking, personal injury, death, disappearance of a person from on board under circumstances that indicate the possibility of death or injury, or property damage to any vessel or dock. See Florida Statutes 327.02
• Canoe: means a light, narrow vessel with curved sides and with both ends pointed. See Florida Statutes 327.02
• Care: means services of any kind which are designed to facilitate a child remaining safely in his or her own home, returning safely to his or her own home if he or she is removed from the home, or obtaining an alternative permanent home if he or she cannot remain at home or be returned home. See Florida Statutes 409.986
• Case management: means those activities aimed at assessing the needs of the high-risk child and his or her family; planning and linking the service system to the child and his or her family, based on child and family outcome objectives; coordinating and monitoring service delivery; and evaluating the effect of the service delivery system. See Florida Statutes 411.202
• Commercial fishing vessel: means a vessel primarily engaged in the taking or landing of saltwater fish or saltwater products or freshwater fish or freshwater products, or a vessel licensed pursuant to…. See Florida Statutes 327.02
• Commercial parasailing: means providing or offering to provide, for consideration, any activity involving the towing of a person by a motorboat if:
  (a) One or more persons are tethered to the towing vessel;
  (b) The person or persons ascend above the water; and
  (c) The person or persons remain suspended under a canopy, chute, or parasail above the water while the vessel is underway. See Florida Statutes 327.02
• Commission: means the Fish and Wildlife Conservation Commission. See Florida Statutes 327.02
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community-based local contractor: means any unit of county or local government, any for-profit or not-for-profit organization, or a school district. See Florida Statutes 411.202
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comprehensive long-term care plan: means a managed care plan, including a Medicare Advantage Special Needs Plan organized as a preferred provider organization, provider-sponsored organization, health maintenance organization, or coordinated care plan, that provides services described in…. See Florida Statutes 409.962
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person authorized by the Department of Revenue to buy, sell, resell, or otherwise distribute vessels. See Florida Statutes 327.02
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• Department: means the Department of Children and Families. See Florida Statutes 409.962
• Dependent: A person dependent for support upon another.
• Developmental assistance: means individualized therapies and services needed to enhance both the high-risk child's growth and development and family functioning. See Florida Statutes 411.202
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Law Enforcement of the Fish and Wildlife Conservation Commission. See Florida Statutes 327.02
• Early assistance: means any sustained and systematic effort designed to prevent or reduce the assessed level of health, educational, biological, environmental, or social risk for a high-risk child and his or her family. See Florida Statutes 411.202
• Effective means of propulsion for safe navigation: means a vessel, other than a barge, that is equipped with:
  (a) A functioning motor, controls, and steering system; or
  (b) Rigging and sails that are present and in good working order, and a functioning steering system. See Florida Statutes 327.02
• Eligible plan: means a health insurer authorized under chapter 624, an exclusive provider organization authorized under chapter 627, a health maintenance organization authorized under chapter 641, or a provider service network authorized under…. See Florida Statutes 409.962
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Floating structure: means a floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement to real property. See Florida Statutes 327.02
• Florida Intracoastal Waterway: means the Atlantic Intracoastal Waterway, the Georgia state line north of Fernandina to Miami; the Port Canaveral lock and canal to the Atlantic Intracoastal Waterway; the Atlantic Intracoastal Waterway, Miami to Key West; the Okeechobee Waterway, Stuart to Fort Myers; the St. See Florida Statutes 327.02
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Handicapped child: means a preschool child who is developmentally disabled, mentally handicapped, speech impaired, language impaired, deaf or hard of hearing, blind or partially sighted, physically handicapped, health impaired, or emotionally handicapped; a preschool child who has a specific learning disability; or any other child who has been classified under rules of the State Board of Education as eligible for preschool special education services, with the exception of those who are classified solely as gifted. See Florida Statutes 411.202
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Homemade vessel: means a vessel built after October 31, 1972, for which a federal hull identification number is not required to be assigned by the manufacturer pursuant to federal law, or a vessel constructed or assembled before November 1, 1972, by an entity other than a licensed manufacturer for its own use or the use of a specific person. See Florida Statutes 327.02
• Houseboat: means a vessel that is used primarily as a residence for at least 21 days during any 30-day period in a county of this state if such residential use of the vessel is to the preclusion of its use as a means of transportation. See Florida Statutes 327.02
• Human-powered vessel: means a vessel powered only by its occupant or occupants, including, but not limited to, a vessel powered only by the occupants' hands or feet, oars, or paddles. See Florida Statutes 327.02
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Individual and family service plan: means a written individualized plan describing the developmental status of the high-risk child and the therapies and services needed to enhance both the high-risk child's growth and development and family functioning, and shall include the contents of the written individualized family service plan as defined in part H of Pub. See Florida Statutes 411.202
• Interdisciplinary team: means a team that may include the physician, psychologist, educator, social worker, nursing staff, physical or occupational therapist, speech pathologist, parents, developmental intervention and parent support and training program director, case manager for the child and family, and others who are involved with the individual and family service plan. See Florida Statutes 411.202
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• kitesurfing: means an activity in which a kiteboard or surfboard is tethered to a kite so as to harness the power of the wind and propel the board across a body of water. See Florida Statutes 327.02
• lead agency: means a single entity with which the department has a contract for the provision of care for children in the child protection and child welfare system in a community that is no smaller than a county and no larger than two contiguous judicial circuits. See Florida Statutes 409.986
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Length: means the measurement from end to end over the deck parallel to the centerline, excluding sheer. See Florida Statutes 327.02
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lien: means a security interest that is reserved or created by a written agreement recorded with the Department of Highway Safety and Motor Vehicles pursuant to…. See Florida Statutes 327.02
• Lienholder: means a person holding a security interest in a vessel, which interest is recorded with the Department of Highway Safety and Motor Vehicles pursuant to…. See Florida Statutes 327.02
• Live-aboard vessel: means :
  (a) A vessel used solely as a residence and not for navigation;
  (b) A vessel for which a declaration of domicile has been filed pursuant to…. See Florida Statutes 327.02
• Livery vessel: means a vessel leased, rented, or chartered to another for consideration. See Florida Statutes 327.02
• Managed care plan: means an eligible plan under contract with the agency to provide services in the Medicaid program. See Florida Statutes 409.962
• Marina: means a licensed commercial facility that provides secured public moorings or dry storage for vessels on a leased basis. See Florida Statutes 327.02
• Marine sanitation device: means equipment, other than a toilet, for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage. See Florida Statutes 327.02
• Marker: means a channel mark or other aid to navigation, an information or regulatory mark, an isolated danger mark, a safe water mark, a special mark, an inland waters obstruction mark, or mooring buoy in, on, or over the waters of the state or the shores thereof, and includes, but is not limited to, a sign, beacon, buoy, or light. See Florida Statutes 327.02
• Medicaid: means the medical assistance program authorized by Title XIX of the Social Security Act, 42 U. See Florida Statutes 409.962
• Moored ballooning: means the operation of a moored balloon pursuant to 14 C. See Florida Statutes 327.02
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motorboat: means a vessel equipped with machinery for propulsion, irrespective of whether the propulsion machinery is in actual operation. See Florida Statutes 327.02
• Muffler: means an automotive-style sound-suppression device or system designed to effectively abate the sound of exhaust gases emitted from an internal combustion engine and prevent excessive sound when installed on such an engine. See Florida Statutes 327.02
• Navigation rules: means , for vessels on:
  (a) Waters outside established navigational lines of demarcation as specified in 33 C. See Florida Statutes 327.02
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonresident: means a citizen of the United States who has not established residence in this state and has not continuously resided in this state for 1 year and in one county for the 6 months immediately preceding the initiation of a vessel titling or registration action. See Florida Statutes 327.02
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office of Program Policy Analysis and Government Accountability: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
• Operate: means to be in charge of, in command of, or in actual physical control of a vessel upon the waters of this state, to exercise control over or to have responsibility for a vessel's navigation or safety while the vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state. See Florida Statutes 327.02
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person, other than a lienholder, having the property in or title to a vessel. See Florida Statutes 327.02
• Parent support and training: means a range of services for families of high-risk or handicapped preschool children, including family counseling; financial planning; agency referral; development of parent-to-parent support groups; education relating to growth and development, developmental assistance, and objective measurable skills, including abuse avoidance skills; training of parents to advocate for their child; and bereavement counseling. See Florida Statutes 411.202
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, firm, corporation, association, or other entity. See Florida Statutes 327.02
• person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
• Personal watercraft: means a vessel less than 16 feet in length which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. See Florida Statutes 327.02
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01
• Prenatal: means the time period from pregnancy to delivery. See Florida Statutes 411.202
• Prepaid plan: means a managed care plan that is licensed or certified as a risk-bearing entity, or qualified pursuant to…. See Florida Statutes 409.962
• Preschool child: means a child from birth to 5 years of age, including a child who attains 5 years of age before September 1. See Florida Statutes 411.202
• Prevention: means any program, service, or sustained activity designed to eliminate or reduce high-risk conditions in pregnant women, to eliminate or ameliorate handicapping or high-risk conditions in infants, toddlers, or preschool children, or to reduce sexual activity or the risk of unwanted pregnancy in teenagers. See Florida Statutes 411.202
• Preventive health care: means periodic physical examinations, immunizations, and assessments for hearing, vision, nutritional deficiencies, development of language, physical growth, small and large muscle skills, and emotional behavior, as well as age-appropriate laboratory tests. See Florida Statutes 411.202
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prohibited activity: means activity that will impede or disturb navigation or creates a safety hazard on waterways of this state. See Florida Statutes 327.02
• Provider service network: means an entity qualified pursuant to…. See Florida Statutes 409.962
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• recipient: means an individual who the department or, for Supplemental Security Income, the Social Security Administration determines is eligible pursuant to federal and state law to receive medical assistance and related services for which the agency may make payments under the Medicaid program. See Florida Statutes 409.962
• Registration: means a state operating license on a vessel which is issued with an identifying number, an annual certificate of registration, and a decal designating the year for which a registration fee is paid. See Florida Statutes 327.02
• Related services: includes , but is not limited to, family preservation, independent living, emergency shelter, residential group care, foster care, therapeutic foster care, intensive residential treatment, foster care supervision, case management, coordination of mental health services, postplacement supervision, permanent foster care, and family reunification. See Florida Statutes 409.986
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescreening: means the use of a screening tool to conduct annual screenings or screenings due to a significant change which determine an individual's placement and continuation on the wait list. See Florida Statutes 409.962
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Screening: means the use of an information-collection tool to determine a priority score for placement on the wait list. See Florida Statutes 409.962
• Secretary: means the secretary of the Department of Children and Families. See Florida Statutes 409.016
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Significant change: means change in an individual's health status after an accident or illness, an actual or anticipated change in the individual's living situation, a change in the caregiver relationship, loss of or damage to the individual's home or deterioration of his or her home environment, or loss of the individual's spouse or caregiver. See Florida Statutes 409.962
• Specialty plan: means a managed care plan that serves Medicaid recipients who meet specified criteria based on age, medical condition, or diagnosis. See Florida Statutes 409.962
• Strategic plan: means a report that analyzes existing programs, services, resources, policy, and needs and sets clear and consistent direction for programs and services for high-risk pregnant women and for preschool children, with emphasis on high-risk and handicapped children, by establishing goals and child and family outcomes, and strategies to meet them. See Florida Statutes 411.202
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Sustained wind speed: means a wind speed determined by averaging the observed wind speed rounded up to the nearest mile per hour over a 2-minute period. See Florida Statutes 327.02
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• toddler: means any child from birth to 3 years of age. See Florida Statutes 411.202
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Vessel: is synonymous with boat as referenced in…. See Florida Statutes 327.02
• Waters of this state: means any navigable waters of the United States within the territorial limits of this state, the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state, and all the inland lakes, rivers, and canals under the jurisdiction of this state. See Florida Statutes 327.02
• writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01