§ 440.01 Short title
§ 440.015 Legislative intent
§ 440.02 Definitions
§ 440.021 Exemption of workers’ compensation from chapter 120
§ 440.03 Application
§ 440.04 Waiver of exemption
§ 440.05 Election of exemption; revocation of election; notice; certification
§ 440.055 Notice requirements
§ 440.06 Failure to secure compensation; effect
§ 440.075 When corporate officer rejects chapter; effect
§ 440.077 When a corporate officer rejects chapter, effect
§ 440.09 Coverage
§ 440.091 Law enforcement officer, firefighter, emergency medical technician, or paramedic; when acting within the course of employment
§ 440.092 Special requirements for compensability; deviation from employment; subsequent intervening accidents
§ 440.093 Mental and nervous injuries
§ 440.094 Extraterritorial reciprocity
§ 440.10 Liability for compensation
§ 440.101 Legislative intent; drug-free workplaces
§ 440.102 Drug-free workplace program requirements
§ 440.1025 Employer workplace safety program in ratesetting; program requirements; rulemaking
§ 440.103 Building permits; identification of minimum premium policy
§ 440.104 Competitive bidder; civil actions
§ 440.105 Prohibited activities; reports; penalties; limitations
§ 440.1051 Fraud reports; civil immunity; criminal penalties
§ 440.106 Civil remedies; administrative penalties
§ 440.107 Department powers to enforce employer compliance with coverage requirements
§ 440.108 Investigatory records relating to workers’ compensation employer compliance; confidentiality
§ 440.11 Exclusiveness of liability
§ 440.12 Time for commencement and limits on weekly rate of compensation
§ 440.125 Medical records and reports; identifying information in employee medical bills; confidentiality
§ 440.13 Medical services and supplies; penalty for violations; limitations
§ 440.132 Investigatory records relating to workers’ compensation managed care arrangements; confidentiality
§ 440.134 Workers’ compensation managed care arrangement
§ 440.14 Determination of pay
§ 440.15 Compensation for disability
§ 440.151 Occupational diseases
§ 440.16 Compensation for death
§ 440.17 Guardian for minor or incompetent
§ 440.185 Notice of injury or death; reports; penalties for violations
§ 440.1851 Personal identifying information of an injured or deceased employee; public records exemption
§ 440.19 Time bars to filing petitions for benefits
§ 440.191 Employee Assistance and Ombudsman Office
§ 440.192 Procedure for resolving benefit disputes
§ 440.1926 Alternate dispute resolution; claim arbitration
§ 440.20 Time for payment of compensation and medical bills; penalties for late payment
§ 440.205 Coercion of employees
§ 440.207 Workers’ compensation system guide
§ 440.21 Invalid agreements
§ 440.211 Authorization of collective bargaining agreement
§ 440.22 Assignment and exemption from claims of creditors
§ 440.23 Compensation a lien against assets
§ 440.24 Enforcement of compensation orders; penalties
§ 440.25 Procedures for mediation and hearings
§ 440.271 Appeal of order of judge of compensation claims
§ 440.2715 Access to courts through state video teleconferencing network
§ 440.28 Modification of orders
§ 440.29 Procedure before the judge of compensation claims
§ 440.30 Depositions
§ 440.31 Witness fees
§ 440.32 Cost in proceedings brought without reasonable ground
§ 440.33 Powers of judges of compensation claims
§ 440.34 Attorney’s fees; costs
§ 440.345 Reporting of attorney’s fees
§ 440.35 Record of injury or death
§ 440.38 Security for compensation; insurance carriers and self-insurers
§ 440.381 Application for coverage; reporting payroll; payroll audit procedures; penalties
§ 440.385 Florida Self-Insurers Guaranty Association, Incorporated
§ 440.3851 Public records and public meetings exemptions
§ 440.386 Individual self-insurers’ insolvency; conservation; liquidation
§ 440.39 Compensation for injuries when third persons are liable
§ 440.40 Compensation notice
§ 440.41 Substitution of carrier for employer
§ 440.42 Insurance policies; liability
§ 440.44 Workers’ compensation; staff organization
§ 440.442 Code of Judicial Conduct
§ 440.45 Office of the Judges of Compensation Claims
§ 440.47 Travel expenses
§ 440.49 Limitation of liability for subsequent injury through Special Disability Trust Fund
§ 440.491 Reemployment of injured workers; rehabilitation
§ 440.50 Workers’ Compensation Administration Trust Fund
§ 440.51 Expenses of administration
§ 440.515 Reports from self-insurers; confidentiality
§ 440.52 Registration of insurance carriers; notice of cancellation or expiration of policy; suspension or revocation of authority
§ 440.525 Examination and investigation of carriers and claims-handling entities
§ 440.53 Effect of unconstitutionality
§ 440.54 Violation of child labor law
§ 440.55 Proceedings against state
§ 440.572 Authorization for individual self-insurer to provide coverage
§ 440.585 Workers’ compensation group self-insurance fund application disclosure
§ 440.591 Administrative procedure; rulemaking authority
§ 440.593 Electronic reporting
§ 440.60 Application of laws

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Terms Used In Florida Statutes > Chapter 440 - Workers' Compensation

  • Accident: means only an unexpected or unusual event or result that happens suddenly. See Florida Statutes 440.02
  • adopted: means legal adoption prior to the time of the injury. See Florida Statutes 440.02
  • 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.
  • Affiliate: means a legal entity that controls, is controlled by, or is under common control with another legal entity or that shares common branding with another legal entity. See Florida Statutes 501.702
  • affiliated: includes , but is not limited to, the officers, directors, executives, shareholders active in management, employees, and agents of the affiliated corporation. See Florida Statutes 440.02
  • Agency: means the Agency for Health Care Administration. See Florida Statutes 440.02
  • Aggregate consumer information: means information that relates to a group or category of consumers from which the identity of an individual consumer has been removed and is not reasonably capable of being directly or indirectly associated or linked with any consumer, household, or device. See Florida Statutes 501.702
  • agricultural labor: includes field foremen, timekeepers, checkers, and other farm labor supervisory personnel. See Florida Statutes 440.02
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • authenticated: means to verify or the state of having been verified, respectively, through reasonable means that the consumer who is entitled to exercise the consumer's rights under…. See Florida Statutes 501.702
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Biometric data: means data generated by automatic measurements of an individual's biological characteristics. See Florida Statutes 501.702
  • carrier: as used in this chapter , means an insurer as defined in this subsection. See Florida Statutes 440.02
  • Chambers: A judge's office.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child: means an individual younger than 18 years of age. See Florida Statutes 501.702
  • Child: includes a posthumous child, a child legally adopted prior to the injury of the employee, and a stepchild or acknowledged child born out of wedlock dependent upon the deceased, but does not include married children unless wholly dependent on the employee. See Florida Statutes 440.02
  • Commercial telephone seller: means a person who engages in commercial telephone solicitation on his or her own behalf or through salespersons. See Florida Statutes 501.603
  • Commercial telephone solicitation: means :
    (a) An unsolicited telephone call to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine used in accordance with the provisions of…. See Florida Statutes 501.603
  • 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.
  • Compensation: means the money allowance payable to an employee or to his or her dependents as provided for in this chapter. See Florida Statutes 440.02
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction design professional: means an architect, professional engineer, landscape architect, or surveyor and mapper, or any corporation, professional or general, that has a certificate to practice in the construction design field from the Department of Business and Professional Regulation. See Florida Statutes 440.02
  • Construction industry: means for-profit activities involving any building, clearing, filling, excavation, or substantial improvement in the size or use of any structure or the appearance of any land. See Florida Statutes 440.02
  • Consumer: means an individual who is a resident of or is domiciled in this state acting only in an individual or household context. See Florida Statutes 501.702
  • Consumer: means an individual; child, by and through its parent or legal guardian; business; firm; association; joint venture; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; any commercial entity, however denominated; or any other group or combination. See Florida Statutes 501.203
  • Consumer goods or services: means any real property or any tangible or intangible personal property which is normally used for personal, family, or household purposes or any property of any nature which is solicited for the purpose of providing a profit or investment opportunity, including, without limitation, any such property intended to be attached to or installed in any real property, without regard to whether it is so attached or installed, as well as timeshare estates and licenses, and any services related to such property. See Florida Statutes 501.603
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • control: means :
  • controlled: means any of the following:
    (a) The ownership of, or power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company. See Florida Statutes 501.702
  • Controller: means :
    (a) A sole proprietorship, partnership, limited liability company, corporation, association, or legal entity that meets the following requirements:
  • 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.
  • Customer: includes a customer's designated agent. See Florida Statutes 501.975
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dark pattern: means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decisionmaking, or choice. See Florida Statutes 501.702
  • Date of maximum medical improvement: means the date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability. See Florida Statutes 440.02
  • Dealer: means a motor vehicle dealer as defined in…. See Florida Statutes 501.975
  • Decedent: A deceased person.
  • Decision that produces a legal or similarly significant effect concerning a consumer: means a decision made by a controller which results in the provision or denial by the controller of any of the following:
    (a) Financial and lending services. See Florida Statutes 501.702
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deidentified data: means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual. See Florida Statutes 501.702
  • Demand letter: means a written communication, including e-mail, asserting or claiming that a person has engaged in patent infringement. See Florida Statutes 501.992
  • Department: means the Department of Legal Affairs. See Florida Statutes 501.203
  • Department: means the Department of Financial Services; the term does not include the Financial Services Commission or any office of the commission. See Florida Statutes 440.02
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 501.603
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Director: means the Director of the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. See Florida Statutes 509.013
  • Disability: means incapacity because of the injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury. See Florida Statutes 440.02
  • 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 Hotels and Restaurants of the Department of Business and Professional Regulation. See Florida Statutes 509.013
  • Division: means the Division of Workers' Compensation of the Department of Financial Services. See Florida Statutes 440.02
  • Docket: A log containing brief entries of court proceedings.
  • Domestic individual self-insurer: means an individual self-insurer:
    (a) Which is a corporation formed under the laws of this state;
    (b) Who is an individual who is a resident of this state or whose primary place of business is located in this state; or
    (c) Which is a partnership whose principals are residents of this state or whose primary place of business is located in this state. See Florida Statutes 440.02
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: includes any person who is an officer of a corporation and who performs services for remuneration for such corporation within this state, whether or not such services are continuous. See Florida Statutes 440.02
  • Employer: means the state and all political subdivisions thereof, all public and quasi-public corporations therein, every person carrying on any employment, and the legal representative of a deceased person or the receiver or trustees of any person. See Florida Statutes 440.02
  • Employment: includes :
  • Enforcing authority: means the office of the state attorney if a violation of this part occurs in or affects the judicial circuit under the office's jurisdiction. See Florida Statutes 501.203
  • Enforcing authority: means the Department of Agriculture and Consumer Services or the office of the state attorney if a violation of this part occurs in or affects the judicial circuit under the jurisdiction of the office of the state attorney. See Florida Statutes 501.603
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • farm: includes stock, dairy, poultry, fruit, fur-bearing animals, fish, and truck farms, ranches, nurseries, and orchards. See Florida Statutes 440.02
  • Final judgment: means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired. See Florida Statutes 501.203
  • 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.
  • Foreign individual self-insurer: means an individual self-insurer:
    (a) Which is a corporation formed under the laws of any state, district, territory, or commonwealth of the United States other than this state;
    (b) Who is an individual who is not a resident of this state and whose primary place of business is not located in this state; or
    (c) Which is a partnership whose principals are not residents of this state and whose primary place of business is not located in this state. See Florida Statutes 440.02
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grandchild: means a child as above defined of a child as above defined. See Florida Statutes 440.02
  • 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.
  • Guest: means any patron, customer, tenant, lodger, boarder, or occupant of a public lodging establishment or public food service establishment. See Florida Statutes 509.013
  • Identified or identifiable individual: means a consumer who can be readily identified, directly or indirectly. See Florida Statutes 501.702
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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: means a single human being and does not mean a firm, association of individuals, corporation, partnership, joint venture, sole proprietorship, or any other entity. See Florida Statutes 501.603
  • Individual self-insurer: means any employer who has secured payment of compensation pursuant to…. See Florida Statutes 440.02
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Injury: means personal injury or death by accident arising out of and in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury. See Florida Statutes 440.02
  • insolvent: means :
    (a) With respect to an individual self-insurer:
  • Insolvent member: means an individual self-insurer which is a member of the Florida Self-Insurers Guaranty Association, Incorporated, or which was a member and has withdrawn pursuant to…. See Florida Statutes 440.02
  • Institution of higher education: means an educational institution as defined in 20 U. See Florida Statutes 501.992
  • Insurer: means a group self-insurers' fund authorized by…. See Florida Statutes 440.02
  • 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.
  • Known child: means a child under circumstances of which a controller has actual knowledge of, or willfully disregards, the child's age. See Florida Statutes 501.702
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • mechanism: means a system that is purchased by a person on a prepaid basis, that enables access to the funds via an authorization code or other security measure, and that is not directly used as a general-use prepaid card. See Florida Statutes 501.603
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • Misconduct: includes , but is not limited to, the following, which shall not be construed in pari materia with each other:
    (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of the employee; or
    (b) Carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of an employer's interests or of the employee's duties and obligations to the employer. See Florida Statutes 440.02
  • money transfer provider: means a person or financial institution that provides cash-to-cash money transfers for a person in the normal course of its business, regardless of whether the person holds an account with such person or financial institution. See Florida Statutes 501.603
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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.
  • Nonprofit organization: means any of the following:
    (a) An organization exempt from federal taxation under…. See Florida Statutes 501.702
  • Nontransient: means a guest in nontransient occupancy. See Florida Statutes 509.013
  • Nontransient occupancy: means occupancy when it is the intention of the parties that the occupancy will not be temporary. See Florida Statutes 509.013
  • Nontransient public lodging establishment: means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests for periods of at least 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests for periods of at least 30 days or 1 calendar month. See Florida Statutes 509.013
  • Novelty payment: means a payment method that does not provide systematic monitoring to detect and deter fraud. See Florida Statutes 501.603
  • oath: includes affirmations. See Florida Statutes 1.01
  • Oath: A promise to tell the truth.
  • 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 Insurance Regulation: means the Office of Insurance Regulation of the Financial Services Commission. See Florida Statutes 440.02
  • officer of a corporation: includes a member owning at least 10 percent of a limited liability company as defined in and organized pursuant to chapter 605. See Florida Statutes 440.02
  • Operator: means the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public lodging establishment or public food service establishment. See Florida Statutes 509.013
  • Order: means a cease and desist order issued by the enforcing authority as set forth in…. See Florida Statutes 501.203
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: includes stepparents and parents by adoption, parents-in-law, and any persons who for more than 3 years prior to the death of the deceased employee stood in the place of a parent to him or her and were dependent on the injured employee. See Florida Statutes 440.02
  • Partner: means any person who is a member of a partnership that is formed by two or more persons to carry on as co-owners of a business with the understanding that there will be a proportional sharing of the profits and losses between them. See Florida Statutes 440.02
  • 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.
  • Permanent impairment: means any anatomic or functional abnormality or loss determined as a percentage of the body as a whole, existing after the date of maximum medical improvement, which results from the injury. See Florida Statutes 440.02
  • Person: means individual, partnership, association, or corporation, including any public service corporation. See Florida Statutes 440.02
  • 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
  • Person: includes any individual, group of individuals, firm, association, corporation, partnership, joint venture, sole proprietorship, or any other business entity. See Florida Statutes 501.603
  • Personal data: means any information, including sensitive data, which is linked or reasonably linkable to an identified or identifiable individual. See Florida Statutes 501.702
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Political organization: means a party, a committee, an association, a fund, or any other organization, regardless of whether incorporated, organized and operated primarily for the purpose of influencing or attempting to influence any of the following:
    (a) The selection, nomination, election, or appointment of an individual to a federal, state, or local public office or an office in a political organization, regardless of whether the individual is selected, nominated, elected, or appointed. See Florida Statutes 501.702
  • 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
  • Postsecondary education institution: means a Florida College System institution, state university, or nonpublic postsecondary education institution that receives state funds. See Florida Statutes 501.702
  • 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.
  • Precise geolocation data: means information derived from technology, including global positioning system level latitude and longitude coordinates or other mechanisms, which directly identifies the specific location of an individual with precision and accuracy within a radius of 1,750 feet. See Florida Statutes 501.702
  • 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.
  • processing: means an operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data. See Florida Statutes 501.702
  • Processor: means a person who processes personal data on behalf of a controller. See Florida Statutes 501.702
  • Profiling: means any form of solely automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. See Florida Statutes 501.702
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Pseudonymous data: means any information that cannot be attributed to a specific individual without the use of additional information, provided that the additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable individual. See Florida Statutes 501.702
  • Public food service establishment: means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption. See Florida Statutes 509.013
  • Public lodging establishment: includes a transient public lodging establishment as defined in subparagraph 1. See Florida Statutes 509.013
  • Publicly available information: means information lawfully made available through government records, or information that a business has a reasonable basis for believing is lawfully made available to the general public through widely distributed media, by a consumer, or by a person to whom a consumer has disclosed the information, unless the consumer has restricted the information to a specific audience. See Florida Statutes 501.702
  • Purchaser: means a person who is solicited to become or does become obligated to a commercial telephone seller. See Florida Statutes 501.603
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • 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.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Sale of personal data: means the sharing, disclosing, or transferring of personal data for monetary or other valuable consideration by the controller to a third party. See Florida Statutes 501.702
  • Salesperson: means any individual employed, appointed, or authorized by a commercial telephone seller, regardless of whether the commercial telephone seller refers to the individual as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the commercial telephone seller. See Florida Statutes 501.603
  • Search engine: means technology and systems that use algorithms to sift through and index vast third-party websites and content on the Internet in response to search queries entered by a user. See Florida Statutes 501.702
  • Self-insurer: means :
    (a) Any employer who has secured payment of compensation pursuant to…. See Florida Statutes 440.02
  • Sensitive data: means a category of personal data which includes any of the following:
    (a) Personal data revealing an individual's racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status. See Florida Statutes 501.702
  • 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.
  • Single complex of buildings: means all buildings or structures that are owned, managed, controlled, or operated under one business name and are situated on the same tract or plot of land that is not separated by a public street or highway. See Florida Statutes 509.013
  • sister: include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers or married sisters unless wholly dependent on the employee. See Florida Statutes 440.02
  • Sole proprietor: means a natural person who owns a form of business in which that person owns all the assets of the business and is solely liable for all the debts of the business. See Florida Statutes 440.02
  • Solicit: means to initiate contact with a purchaser for the purpose of attempting to sell consumer goods or services, where such purchaser has expressed no previous interest in purchasing, investing in, or obtaining information regarding the property, goods, or services attempted to be sold. See Florida Statutes 501.603
  • Specificity: means information on the petition for benefits sufficient to put the employer or carrier on notice of the exact statutory classification and outstanding time period of benefits being requested and includes a detailed explanation of any benefits received that should be increased, decreased, changed, or otherwise modified. See Florida Statutes 440.02
  • sports official: means any person who is a neutral participant in a sports event, including, but not limited to, umpires, referees, judges, linespersons, scorekeepers, or timekeepers. See Florida Statutes 440.02
  • Spouse: includes only a spouse substantially dependent for financial support upon the decedent and living with the decedent at the time of the decedent's injury and death, or substantially dependent upon the decedent for financial support and living apart at that time for justifiable cause. See Florida Statutes 440.02
  • State agency: means any department, commission, board, office, council, authority, or other agency in the executive branch of state government created by the State Constitution or state law. See Florida Statutes 501.702
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Target: means a person residing in, incorporated in, or organized under the laws of this state who purchases, rents, leases, or otherwise obtains a product or service in the commercial market which is not for resale in the commercial market. See Florida Statutes 501.992
  • Targeted advertising: means displaying to a consumer an advertisement selected based on personal data obtained from that consumer's activities over time across affiliated or unaffiliated websites and online applications used to predict the consumer's preferences or interests. See Florida Statutes 501.702
  • Temporary food service event: means any event of 30 days or less in duration where food is prepared, served, or sold to the general public. See Florida Statutes 509.013
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third party: means a person, other than the consumer, the controller, the processor, or an affiliate of the controller or processor. See Florida Statutes 501.702
  • Third-party provider: means , for purposes of…. See Florida Statutes 509.013
  • Threshold amount: means 3 percent of the manufacturer's suggested retail price of a motor vehicle or $650, whichever is less. See Florida Statutes 501.975
  • Time of injury: means the time of the occurrence of the accident resulting in the injury. See Florida Statutes 440.02
  • 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.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transient: means a guest in transient occupancy. See Florida Statutes 509.013
  • Transient establishment: means any public lodging establishment that is rented or leased to guests by an operator whose intention is that such guests' occupancy will be temporary. See Florida Statutes 509.013
  • Transient occupancy: means occupancy when it is the intention of the parties that the occupancy will be temporary. See Florida Statutes 509.013
  • Transient public lodging establishment: means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. See Florida Statutes 509.013
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Vehicle: means any automobile, truck, bus, recreational vehicle, or motorcycle required to be licensed under chapter 320 for operation over the roads of Florida, but does not include trailers, mobile homes, travel trailers, or trailer coaches without independent motive power. See Florida Statutes 501.975
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 1.01
  • Violation of this part: means any violation of this act or the rules adopted under this act and may be based upon any of the following as of July 1, 2017:
    (a) Any rules promulgated pursuant to the Federal Trade Commission Act, 15 U. See Florida Statutes 501.203
  • Voice recognition feature: means the function of a device which enables the collection, recording, storage, analysis, transmission, interpretation, or other use of spoken words or other sounds. See Florida Statutes 501.702
  • volunteer: includes , but is not limited to:
  • Wages: means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury and includes only the wages earned and reported for federal income tax purposes on the job where the employee is injured and any other concurrent employment where he or she is also subject to workers' compensation coverage and benefits, together with the reasonable value of housing furnished to the employee by the employer which is the permanent year-round residence of the employee, and gratuities to the extent reported to the employer in writing as taxable income received in the course of employment from others than the employer and employer contributions for health insurance for the employee or the employee's dependents. See Florida Statutes 440.02
  • Weekly compensation rate: means and refers to the amount of compensation payable for a period of 7 consecutive calendar days, including any Saturdays, Sundays, holidays, and other nonworking days which fall within such period of 7 consecutive calendar days. See Florida Statutes 440.02
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • 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