Part I General Provisions 252.31 – 252.63
Part II Florida Emergency Planning and Community Right-to-Know Act 252.81 – 252.905
Part III Emergency Management Assistance Compact 252.921 – 252.9335
Part IV Accidental Release Prevention and Risk Management Planning 252.934 – 252.946

Terms Used In Florida Statutes > Chapter 252

  • Accidental release: means an unanticipated emission of a regulated substance into the ambient air from a stationary source. See Florida Statutes 252.936
  • Accidental Release Prevention Program: means the program to implement the accidental release prevention, detection, and response provisions of…. See Florida Statutes 252.936
  • Activate: means the execution and implementation of the necessary plans and activities required to mitigate, respond to, or recover from an emergency or disaster pursuant to this chapter and the state comprehensive emergency management plan. See Florida Statutes 252.34
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • 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.
  • Annexation: means the adding of real property to the boundaries of an incorporated municipality, such addition making such real property in every way a part of the municipality. See Florida Statutes 171.031
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • 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.
  • Audit: means a review of information at, or submitted by, a stationary source subject to…. See Florida Statutes 252.936
  • 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.
  • 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
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • Catastrophic disaster: means a disaster that will require massive state and federal assistance, including immediate military involvement. See Florida Statutes 252.34
  • Chemical Safety and Hazard Investigation Board: means the federal Chemical Safety and Hazard Investigation Board created under…. See Florida Statutes 252.936
  • Chief administrative officer: means the municipal administrator, municipal manager, county manager, county administrator, or other officer of the municipality, county, or independent special district who reports directly to the governing body of the local government. See Florida Statutes 171.202
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Clean Air Act: means the federal Clean Air Act, as amended, codified at 42 U. See Florida Statutes 252.936
  • Commission: means the State Hazardous Materials Emergency Response Commission created pursuant to…. See Florida Statutes 252.82
  • Commission: means the State Emergency Response Commission for Hazardous Materials created by Executive Order 94-138. See Florida Statutes 252.936
  • Committee: means any local emergency planning committee established in the state pursuant to…. See Florida Statutes 252.82
  • Committee: means any local emergency planning committee established in the state under…. See Florida Statutes 252.936
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Contiguous: means that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality. See Florida Statutes 171.031
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contraction: means the reversion of real property within municipal boundaries to an unincorporated status. See Florida Statutes 171.031
  • 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.
  • County: means a political subdivision of the state established pursuant to…. See Florida Statutes 252.35
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Disaster: means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by a county, the Governor, or the President of the United States. See Florida Statutes 252.34
  • 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 Emergency Management within the Executive Office of the Governor, or the successor to that division. See Florida Statutes 252.34
  • Division: means the Division of Emergency Management within the Executive Office of the Governor. See Florida Statutes 252.82
  • Division: means the Division of Emergency Management in the Executive Office of the Governor. See Florida Statutes 252.936
  • Emergency: means any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. See Florida Statutes 252.34
  • Emergency management: means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. See Florida Statutes 252.34
  • Enclave: means :
    (a) Any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or
    (b) Any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. See Florida Statutes 171.031
  • 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.
  • EPCRA: means the Emergency Planning and Community Right-to-Know Act of 1986, title III of the Superfund Amendments and Reauthorization Act of 1986, ss. See Florida Statutes 252.82
  • 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.
  • Facility: means facility as defined in…. See Florida Statutes 252.82
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • 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.
  • 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.
  • 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
  • Formation: means any one of the following activities:
    (a) "Incorporation"-The establishment of a municipality. See Florida Statutes 252.35
  • 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.
  • governing body: means the council, commission, or other board or body in which the general legislative powers of the municipality shall be vested. See Florida Statutes 166.101
  • Independent special district: means an independent special district, as defined in…. See Florida Statutes 171.202
  • Initiating county: means a county that commences the process for negotiating an interlocal service boundary agreement through the adoption of an initiating resolution. See Florida Statutes 171.202
  • Initiating local government: means a county, municipality, or independent special district that commences the process for negotiating an interlocal service boundary agreement through the adoption of an initiating resolution. See Florida Statutes 171.202
  • Initiating municipality: means a municipality that commences the process for negotiating an interlocal service boundary agreement through the adoption of an initiating resolution. See Florida Statutes 171.202
  • Initiating resolution: means a resolution adopted by a county, municipality, or independent special district which commences the process for negotiating an interlocal service boundary agreement and which identifies the unincorporated area and other issues for discussion. See Florida Statutes 171.202
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspection: means a review of information at a stationary source subject to…. See Florida Statutes 252.936
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interlocal service boundary agreement: means an agreement adopted under this part, between a county and one or more municipalities, which may include one or more independent special districts as parties to the agreement. See Florida Statutes 171.202
  • Invited municipality: means an initiating municipality and any other municipality designated as such in an initiating resolution or a responding resolution that invites the municipality to participate in negotiating an interlocal service boundary agreement. See Florida Statutes 171.202
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • 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.
  • Local emergency management agency: means an organization created in accordance with the provisions of ss. See Florida Statutes 252.34
  • Major disaster: means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance. See Florida Statutes 252.34
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 88.6011
  • Minority leader: See Floor Leaders
  • 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.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Municipal service area: means one or more of the following as designated in an interlocal service boundary agreement:
    (a) An unincorporated area that has been identified in an interlocal service boundary agreement for municipal annexation by a municipality that is a party to the agreement. See Florida Statutes 171.202
  • Municipality: means a municipality created pursuant to general or special law authorized or recognized pursuant to…. See Florida Statutes 252.35
  • Municipality: means a municipality created pursuant to general or special law authorized or recognized pursuant to…. See Florida Statutes 171.031
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Natural emergency: means an emergency caused by a natural event, including, but not limited to, a hurricane, a storm, a flood, severe wave action, a drought, or an earthquake. See Florida Statutes 252.34
  • Newspaper of general circulation: means a newspaper printed in the language most commonly spoken in the area within which it circulates, which is readily available for purchase by all inhabitants in its area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper the primary function of which is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. See Florida Statutes 252.35
  • Newspaper of general circulation: means a newspaper printed in the language most commonly spoken in the area within which it circulates, which is readily available for purchase by all inhabitants in its area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. See Florida Statutes 171.031
  • Notified local government: means the county or a municipality, other than an invited municipality, that receives an initiating resolution. See Florida Statutes 171.202
  • oath: includes affirmations. See Florida Statutes 88.6011
  • 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 Economic and Demographic Research: 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 88.6011
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner or operator: means any person who owns, leases, operates, controls, or supervises any stationary source subject to…. See Florida Statutes 252.936
  • Participating resolution: means the resolution adopted by the initiating local government and the invited local government. See Florida Statutes 171.202
  • Parties affected: means any persons or firms owning property in, or residing in, either a municipality proposing annexation or contraction or owning property that is proposed for annexation to a municipality or any governmental unit with jurisdiction over such area. See Florida Statutes 171.031
  • 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, corporation, partnership, association, state or any agency or institution thereof, municipality, political subdivision of the state, and any agency, department, or instrumentality of the United States, and any officer, agent, or employee thereof, and, for the purposes of…. See Florida Statutes 252.936
  • 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 88.6011
  • 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 subdivision: means any county or municipality created pursuant to law. See Florida Statutes 252.34
  • 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 88.6011
  • 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.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • 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.
  • Process: means a process as that term is defined under 40 C. See Florida Statutes 252.936
  • Program level: means a Program 1, Program 2, or Program 3 stationary source level as determined under 40 C. See Florida Statutes 252.936
  • project: means a governmental undertaking approved by the governing body and includes all property rights, easements, and franchises relating thereto and deemed necessary or convenient for the construction, acquisition or operation thereof, and embraces any capital expenditure which the governing body of the municipality shall deem to be made for a public purpose including the refunding of any bonded indebtedness which may be outstanding on any existing project which is to be improved by means of a new project. See Florida Statutes 166.101
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Qualified voter: means any person registered to vote in accordance with law. See Florida Statutes 252.35
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • registered mail: include certified mail with return receipt requested. See Florida Statutes 88.6011
  • Regulated substance: means any regulated substance defined or listed under…. See Florida Statutes 252.936
  • 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.
  • Requesting resolution: means the resolution adopted by a municipality seeking to participate in the negotiation of an interlocal service boundary agreement. See Florida Statutes 171.202
  • Responding resolution: means the resolution adopted by the county or an invited municipality which responds to the initiating resolution and which may identify an additional unincorporated area or another issue for discussion, or both, and may designate an additional invited municipality or independent special district. See Florida Statutes 171.202
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Risk Management Plan: means the Risk Management Plan required under…. See Florida Statutes 252.936
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Special district: means a local unit of special government, as defined in…. See Florida Statutes 252.35
  • Stationary source: means any buildings, structures, equipment, installations, or regulated substance emitting stationary activities which belong to the same industrial group, which are located on one or more contiguous properties, which are under the control of the same person (or persons under common control), and from which an accidental release may occur. See Florida Statutes 252.936
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Trust fund: means the Operating Trust Fund of the division. See Florida Statutes 252.82
  • Trust fund: means the Operating Trust Fund of the division. See Florida Statutes 252.936
  • Trustee: A person or institution holding and administering property in trust.
  • Unincorporated service area: means one or more of the following as designated in an interlocal service boundary agreement:
    (a) An unincorporated area that has been identified in an interlocal service boundary agreement and that may not be annexed without the consent of the county. See Florida Statutes 171.202
  • Urban in character: means an area used intensively for residential, urban recreational or conservation parklands, commercial, industrial, institutional, or governmental purposes or an area undergoing development for any of these purposes. See Florida Statutes 171.031
  • Urban purposes: means that land is used intensively for residential, commercial, industrial, institutional, and governmental purposes, including any parcels of land retained in their natural state or kept free of development as dedicated greenbelt areas. See Florida Statutes 171.031
  • Urban services: means any services offered by a municipality, either directly or by contract, to any of its present residents. See Florida Statutes 171.031
  • Venue: The geographical location in which a case is tried.
  • 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 88.6011
  • 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 88.6011