Terms Used In Florida Statutes > Chapter 378 - Land Reclamation

• Acres mined: means all acres on which mining operations have resulted in extraction of phosphate rock. See Florida Statutes 378.203
• Agency: means an official, committee, department, commission, officer, division, authority, bureau, council, board, section, or unit of government within the state, including a county, municipal, or other local or regional entity or special district. See Florida Statutes 378.403
• Annual report: means a detailed report, including maps and aerial photographs, submitted for each mine, which describes and delineates mining operations and reclamation or restoration activities undertaken in the previous calendar year. See Florida Statutes 378.203
• Annual report: means a detailed report, including maps and aerial photographs, submitted for each mine, which describes and delineates mining operations and reclamation or restoration activities undertaken in the previous calendar year. See Florida Statutes 378.403
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appraisal: A determination of property value.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Athletic trainer: means a person licensed under this part who has met the requirements of this part, including the education requirements established by the Commission on Accreditation of Athletic Training Education or its successor organization and necessary credentials from the Board of Certification. See Florida Statutes 468.701
• Athletic training: means service and care provided by an athletic trainer under the direction of a physician as specified in…. See Florida Statutes 468.701
• Board: means the Board of Athletic Training. See Florida Statutes 468.701
• Borrow pit: means an area of land upon which excavation of surface resources has been conducted, is being conducted, or is planned to be conducted, as the term is commonly used in the mining trade, and is not considered a mine. See Florida Statutes 378.403
• 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.
• Conceptual reclamation plan: means a graphic and written description of general activities to be undertaken across the whole mine to comply with the reclamation standards and criteria contained in this part. See Florida Statutes 378.203
• Conservation lands: means lands that are currently managed for conservation, outdoor resource-based recreation, or archaeological or historic preservation, except those lands that were acquired solely to facilitate the acquisition of other conservation lands. See Florida Statutes 253.034
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Environmental Protection. See Florida Statutes 378.203
• Department: means the Department of Environmental Protection. See Florida Statutes 378.403
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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.
• Existing mine: means any area upon which an operation is being conducted, or has been conducted, on October 1, 1986. See Florida Statutes 378.403
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• 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.
• Heavy minerals: means those resources found in conjunction with sand deposits which have a specific gravity of not less than 2. See Florida Statutes 378.403
• 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.
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limestone: means any extracted material composed principally of calcium or magnesium carbonate. See Florida Statutes 378.403
• Local government: means any county or municipality. See Florida Statutes 378.403
• Mine: means an area of land upon which mining operations have been conducted, are being conducted, or are planned to be conducted, as the term is commonly used in the trade. See Florida Statutes 378.203
• Mine: means an area of land upon which mining operations have been conducted, are being conducted, or are planned to be conducted, as the term is commonly used in the trade. See Florida Statutes 378.403
• Mining operations: means those physical activities, other than prospecting and site preparation, which are necessary for extraction, waste disposal, storage, or dam maintenance prior to abandonment. See Florida Statutes 378.203
• minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
• New mine: means any mine that is not an existing mine. See Florida Statutes 378.403
• 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.
• Operation: means any activity, other than prospecting, necessary for site preparation, extraction, waste disposal, storage, or reclamation. See Florida Statutes 378.403
• Operator: means any person engaged in an operation. See Florida Statutes 378.403
• operator: includes a parent, its subsidiary, or division. See Florida Statutes 378.203
• Overburden: means soil and rock removed to gain access to the resource in the process of extraction and means such soil or rock before or after its removal. See Florida Statutes 378.403
• Peat: means a naturally occurring substance derived primarily from plant materials in a range of decomposing conditions and formed in a water-saturated environment. See Florida Statutes 378.403
• 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
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Public access: as used in this chapter and chapter 259, means access by the general public to state lands and water, including vessel access made possible by boat ramps, docks, and associated support facilities, where compatible with conservation and recreation objectives. See Florida Statutes 253.034
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reclamation: means the reasonable rehabilitation of land where resource extraction has occurred. See Florida Statutes 378.403
• Reclamation: means the reshaping of lands in a manner that meets the reclamation criteria and standards contained in this part. See Florida Statutes 378.203
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Resource: means soil, clay, peat, stone, gravel, sand, limerock, metallic ore, or any other solid substance of commercial value found in natural deposits on or in the earth, except phosphate, which is regulated by part III. See Florida Statutes 378.403
• resource extraction: means the removal of resources from their location so as to make them suitable for commercial, industrial, or construction use; but does not include excavation solely in aid of onsite farming or onsite construction, nor the process of searching, prospecting, exploring, or investigating for resources by drilling. See Florida Statutes 378.403
• Restoration: means the recontouring and revegetation of lands in a manner, consistent with the criteria and standards established under this part, which will maintain or improve the water quality and function of the biological systems present at the site prior to mining. See Florida Statutes 378.203
• Revegetation: means , in reclaimed areas, a cover of vegetation consistent with the criteria and standards established pursuant to this part and consistent with the land form created and the future land uses. See Florida Statutes 378.203
• Secretary: means the Secretary of Environmental Protection. See Florida Statutes 378.403
• Secretary: means the Secretary of Environmental Protection. See Florida Statutes 378.203
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Wetlands: means any area as defined in…. See Florida Statutes 378.403
• 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