Chapter 5B-1 Plants, Generally
Chapter 5B-2 Florida Nursery Stock and Certification Fee
Chapter 5B-3 Plant Quarantine and Certification Entry Requirements
Chapter 5B-26 Oak Wilt Disease
Chapter 5B-33 Seed Potato Pests
Chapter 5B-38 Lettuce Mosaic
Chapter 5B-40 Preservation of Native Flora of Florida
Chapter 5B-43 Phytophagous Snails
Chapter 5B-52 Boll Weevil Eradication
Chapter 5B-54 Pests of Honeybees and Unwanted Races of Honeybees
Chapter 5B-55 Dogwood Anthracnose
Chapter 5B-57 Introduction or Release of Plant Pests, Noxious Weeds, Arthropods, and Biological Control Agents
Chapter 5B-59 Plant Pest Control
Chapter 5B-61 Administration of Arthropod Lots and Records in the Museum of the Florida State Collection of Arthropods
Chapter 5B-62 Citrus Nursery Stock Certification Program
Chapter 5B-63 Citrus Health Response Program
Chapter 5B-64 Aquatic Plant Importation, Transportation, Non-Nursery Cultivation, Possession and Collection
Chapter 5B-65 Firewood and Unprocessed Wood Products
Chapter 5B-66 Fruit Fly Eradication
Chapter 5B-67 Giant African Land Snail

Terms Used In Florida Regulations > Division 5B - Division of Plant Industry

  • Additional Engineering: includes :     (a) Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other similar special surveys as may be required, such as route surveys. See Florida Regulations 73C-23.0031
  • Addressed Need: means the activities that the Applicant proposes to complete with the funds requested in its Small Cities Community Development Block Grant Application for Funding. See Florida Regulations 73C-23.0031
  • 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.
  • Affordable housing: means a situation where monthly rents, or monthly mortgage payments including taxes, insurance, and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for very low, low, and moderate income persons; "very low income persons" means one or more natural persons or a family, not including students, the total annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross income of the households within a state, or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within a county in which the person or family resides, whichever is greater; "low income persons" means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the state, or 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater; "moderate income persons" means one or more natural persons or a family, the total adjusted gross household income of which is less than 120 percent of the median annual adjusted gross income for households within the state, or 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within the MSA, within the county in which the person or family resides, whichever is greater. See Florida Regulations 73C-42.002
  • Allegation: something that someone says happened.
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: means appeal to the Quality Development Review Board of the denial of designation of a project as a Florida Quality Development by the Department and local government as provided by this rule chapter. See Florida Regulations 73C-42.002
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a unit of general local government that applies for CDBG funding. See Florida Regulations 73C-23.0031
  • Application: means the Florida Small Cities Community Development Block Grant Application for Funding, Form SC-60, which is incorporated by reference in rule Fla. See Florida Regulations 73C-23.0031
  • Application Cycle: means the 45-day period during which the Department will accept applications. See Florida Regulations 73C-23.0031
  • Appraisal: A determination of property value.
  • Architectural and Engineering Services: means the basic services required to be performed by an architect or engineer licensed by the State of Florida including preliminary engineering, design services, bid management and services during construction. See Florida Regulations 73C-23.0031
  • 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.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beach: means "active beach" which is the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation. See Florida Regulations 73C-42.002
  • 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.
  • Biddable Construction Plans and Specifications: means construction plans and specifications, dated and sealed by an engineer or architect, that include all addressed need service areas and all addressed need work activities outlined in the application and contain all documents, forms and information necessary for a contractor to submit a bid, except for a wage decision, the CDBG Supplemental Conditions, and the local government's current Minority and Women Business Enterprises list. See Florida Regulations 73C-23.0031
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • CATF: means Citizen's Advisory Task Force pursuant to Florida Statutes § 290. See Florida Regulations 73C-23.0031
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completeness Period: means the 21-day period that the Applicant has to respond to any requests for additional information related to its Application for Funding. See Florida Regulations 73C-23.0031
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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.
  • Decedent: A deceased person.
  • 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.
  • Department: means the State of Florida Department of Economic Opportunity and may be referred to in this rule as the "state land planning agency. See Florida Regulations 73C-42.002
  • 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.
  • Developer: means any person, including a governmental agency, undertaking any development as defined in this chapter. See Florida Regulations 73C-42.002
  • Development Order: means any order granting, denying, or granting with conditions an application for a development permit. See Florida Regulations 73C-42.002
  • Development Permit: means any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development as defined in chapter 380, F. See Florida Regulations 73C-42.002
  • 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 Community Development of the Department of Economic Opportunity. See Florida Regulations 73C-42.002
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • DRI: means development-of-regional impact. See Florida Regulations 73C-42.002
  • Dunes: means a mound or ridge of loose sediment usually sand-sized, lying upland of the beach or shore and deposited by any natural or artificial mechanism. See Florida Regulations 73C-42.002
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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.
  • Executive Director: means Executive Director of the Department of Economic Opportunity. See Florida Regulations 73C-42.002
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • FQD: means Florida Quality Development. See Florida Regulations 73C-42.002
  • Fraud: Intentional deception resulting in injury to another.
  • Fundable Range: means the range of the highest scoring applications in each CDBG program category that have allocated funds available for award. See Florida Regulations 73C-23.0031
  • Funding Reservation: means the Department's reservation of funds made for an applicant's project when an application is received under the Economic Development program category. See Florida Regulations 73C-23.0031
  • Generation: means the act or process of producing or manufacturing hazardous or toxic waste and substances. See Florida Regulations 73C-42.002
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • 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.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hazardous waste: means solid waste, or combination of solid waste, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, or stored, treated, or otherwise managed. See Florida Regulations 73C-42.002
  • Household: means all individuals residing in a dwelling unit, regardless of their relationship. See Florida Regulations 73C-23.0031
  • Household Income: means the income of all individuals aged 18 and above residing in a dwelling. See Florida Regulations 73C-23.0031
  • Income: means annual income as defined by the U. See Florida Regulations 73C-23.0031
  • 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.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jurisdiction: means the corporate limits of a local government. See Florida Regulations 73C-23.0031
  • 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.
  • Law clerk: Assist judges with research and drafting of opinions.
  • 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.
  • Minority: means an individual who is Black/African American, American Indian/Alaskan Native, Asian, Native Hawaiian/Pacific Islander or Multi-Racial. See Florida Regulations 73C-23.0031
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • NOFA: means the notification released by the Department which announces the availability of federal funds, and which includes the application cycle starting date, the deadline date for application submission, and the allocations amounts for each grant program category. See Florida Regulations 73C-23.0031
  • 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.
  • 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.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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.
  • Party: means a developer bringing an appeal pursuant to this rule chapter or a reviewing entity which denies designation of a proposed development as a Florida Quality Development. See Florida Regulations 73C-42.002
  • 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.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • 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.
  • Primary Dune: means "Frontal Dune" which is the first natural or manmade mound, ridge, or bluff of sand located landward of the beach and having sufficient vegetation, height, continuity or configuration, to offer protection against storm waves. See Florida Regulations 73C-42.002
  • 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.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Program: means the Florida Quality Developments program created pursuant to Florida Statutes § 380. See Florida Regulations 73C-42.002
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public notice: means an advertisement published in a local newspaper of general circulation. See Florida Regulations 73C-23.0031
  • Recipient: means , for the purposes of division 73C, F. See Florida Regulations 73C-23.0031
  • 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.
  • Review Board: shall mean the Quality Developments Review Board created pursuant to section 380. See Florida Regulations 73C-42.002
  • Reviewing entity: means the Department or the appropriate local government with jurisdiction over the site of a proposed FQD. See Florida Regulations 73C-42.002
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • 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.
  • Site Access: means access to the site from adjacent parcels or internal access from one part of the site to another part of the site for pedestrian or vehicular traffic, provided other routes of access are unavailable or impractical. See Florida Regulations 73C-42.002
  • Small Quantity Generator: means a business that generates between 100 kg and 1000 kg of hazardous waste in a calendar month as defined in Chapter 40, Code of Federal Regulations, sections 260. See Florida Regulations 73C-42.002
  • Statute: A law passed by a legislature.
  • Subgrant Agreement: means the contract that is executed between an Applicant and the Department to award CDBG funding for completing the Addressed Need activities that were included in the Applicant's Small Cities CDBG Application for Funding. See Florida Regulations 73C-23.0031
  • Subpoena: A command to a witness to appear and give testimony.
  • substantial change: shall mean either:     (a) Any proposed change to a previously designated FQD which creates a reasonable likelihood of any additional regional impacts not previously reviewed by the Department, the local government and the regional planning council or a change involving any of the FQD designation criteria pursuant to the provisions of Florida Statutes § 380. See Florida Regulations 73C-42.023
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC