§ 30.01 Bond of sheriffs; small counties
§ 30.02 Bond of sheriffs; large counties
§ 30.03 Obligation of sureties
§ 30.04 Justification of sureties
§ 30.05 Surety companies
§ 30.06 Liability of sureties
§ 30.07 Deputy sheriffs
§ 30.071 Applicability and scope of act
§ 30.072 Definitions
§ 30.073 Appointment; probation; regular appointment
§ 30.074 Regular appointee status
§ 30.075 Review boards
§ 30.076 Appeal
§ 30.077 Conduct of hearing
§ 30.078 Continuation of appointment after a change in sheriff
§ 30.079 Effects of act; no property interest or expectancy in office; sheriff’s authority
§ 30.09 Qualification of deputies; special deputies
§ 30.10 Place of office
§ 30.12 Power to appoint sheriff
§ 30.14 Succession of office
§ 30.15 Powers, duties, and obligations
§ 30.20 False return
§ 30.21 Failure to pay over money
§ 30.22 When sheriff may accept service
§ 30.231 Sheriffs’ fees for service of summons, subpoenas, and executions
§ 30.24 Transportation and return of prisoners
§ 30.27 Constructive mileage not to be charged
§ 30.29 Sheriffs may furnish vital war industries guard service against sabotage
§ 30.2905 Program to contract for employment of off-duty deputies for security services
§ 30.291 Closing of public facilities upon threat of violence
§ 30.30 Writs, process; duties and liabilities in levying
§ 30.46 Sheriffs; motor vehicles color combination; badges; simulation prohibited; penalties
§ 30.48 Salaries
§ 30.49 Budgets
§ 30.50 Payment of salaries and expenses
§ 30.501 Bailiffs’ meals and lodging
§ 30.51 Fees and commissions
§ 30.52 Handling of public funds
§ 30.53 Independence of constitutional officials
§ 30.555 Liability insurance
§ 30.56 Release of traffic violator on recognizance or bond; penalty for failure to appear
§ 30.60 Establishment of neighborhood crime watch programs

Terms Used In Florida Statutes > Chapter 30 - Sheriffs

  • Accreditation: means accredited status awarded to an institution by an accrediting agency or association that is recognized by the United States Department of Education and that has standards comparable to the minimum standards required to operate an educational institution at that level in this state. See Florida Statutes 1005.02
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Addictions receiving facility: means a substance abuse service provider as defined in chapter 397. See Florida Statutes 985.03
  • Additional offense: means any offense other than the primary offense for which an offender is convicted and which is pending before the court for sentencing at the time of the primary offense. See Florida Statutes 921.0021
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Adjudicatory hearing: means a hearing for the court to determine whether or not the facts support the allegations stated in the petition, as is provided for under…. See Florida Statutes 985.03
  • administration: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a person or animal. See Florida Statutes 893.02
  • Administrative personnel: includes K-12 personnel who perform management activities such as developing broad policies for the school district and executing those policies through the direction of personnel at all levels within the district. See Florida Statutes 1012.01
  • Administrative probation: means a form of no contact, nonreporting supervision. See Florida Statutes 948.001
  • Administrative Procedures Committee: means a committee designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
  • Adult: means any natural person other than a child. See Florida Statutes 985.03
  • Adult basic education: means courses of instruction designed to improve the employability of the state's workforce through instruction in mathematics, reading, language, and workforce readiness skills at grade level equivalency 0-8. See Florida Statutes 1004.02
  • Adult general education: means comprehensive instructional programs designed to improve the employability of the state's workforce through adult basic education, adult secondary education, English for Speakers of Other Languages, applied academics for adult education instruction, and instruction for adults with disabilities. See Florida Statutes 1004.02
  • Adult secondary education: means courses through which a person receives high school credit that leads to the award of a high school diploma or courses of instruction through which a student prepares to take the high school equivalency examination. See Florida Statutes 1004.02
  • Adult student: is a student who is beyond the compulsory school age and who has legally left elementary or secondary school. See Florida Statutes 1004.02
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agency: means any official, officer, commission, board, authority, council, committee, or department of the executive branch or the judicial branch of state government as defined in chapter 216. See Florida Statutes 110.107
  • Agent: means a person who is employed by an independent postsecondary educational institution under the jurisdiction of the Commission for Independent Education, or by an out-of-state independent postsecondary educational institution, and who secures an application or accepts payment of fees from prospective students for the institution at any place other than the legal place of business of the institution. See Florida Statutes 1005.02
  • Aggrieved person: means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed. See Florida Statutes 934.02
  • 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: 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.
  • applied academics instruction: means adult general education through which persons attain academic and workforce readiness skills at the level of functional literacy (grade levels 6. See Florida Statutes 1004.02
  • Applied technology diploma program: means a course of study that is part of a technical degree program, is less than 60 credit hours, and leads to employment in a specific occupation. See Florida Statutes 1004.02
  • Appraisal: A determination of property value.
  • appropriate court: means , with reference to the courts of this state, the circuit court possessing the proper venue. See Florida Statutes 941.46
  • 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
  • Arbitration: means a process whereby a neutral third person or panel, called an arbitrator or an arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding. See Florida Statutes 985.03
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • assessment: means the gathering of information for the evaluation of a juvenile offender's or a child's physical, psychological, educational, career and technical education, and social condition and family environment as they relate to the child's need for rehabilitative and treatment services, including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, and other specialized services, as appropriate. See Florida Statutes 985.03
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • At-risk child: means :
    (a) A child from a family under investigation by the Department of Children and Families or a designated sheriff's office for child abuse, neglect, abandonment, or exploitation. See Florida Statutes 1002.81
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Aural transfer: means a transfer containing the human voice at any point between and including the point of origin and the point of reception. See Florida Statutes 934.02
  • Authority: means the Control Release Authority. See Florida Statutes 947.005
  • Authorized hours of care: means the hours of care that are necessary to provide protection, maintain employment, or complete work activities or eligible educational activities, including reasonable travel time. See Florida Statutes 1002.81
  • Avocational: means a course or program the objective of which is not occupational but is only for personal enrichment or enjoyment. See Florida Statutes 1005.02
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • 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.
  • 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.
  • Basic literacy: means the demonstration of academic competence from 2. See Florida Statutes 1004.02
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • bond: include any and all forms of pretrial release. See Florida Statutes 903.011
  • Broadband level: means all positions that are sufficiently similar in knowledge, skills, and abilities; the kind or subject matter of work; the level of difficulty or the level of responsibilities; and the qualification requirements of the work so as to warrant the same treatment with respect to title, pay band, and other personnel transactions. See Florida Statutes 110.107
  • Cannabinoid receptor agonist: means a chemical compound or substance that, according to scientific or medical research, study, testing, or analysis demonstrates the presence of binding activity at one or more of the CB1 or CB2 cell membrane receptors located within the human body. See Florida Statutes 893.02
  • Cannabis: means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. See Florida Statutes 893.02
  • Capital offense: A crime punishable by death.
  • Career education: means education that provides instruction for the following purposes:
    (a) At the elementary, middle, and high school levels, exploratory courses designed to give students initial exposure to a broad range of occupations to assist them in preparing their academic and occupational plans, and practical arts courses that provide generic skills that may apply to many occupations but are not designed to prepare students for entry into a specific occupation. See Florida Statutes 1003.01
  • Career program: means a group of identified competencies leading to occupations identified by a Classification of Instructional Programs number. See Florida Statutes 1004.02
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Cease and Desist Letter: A letter requesting that a company stops the activity mentioned in the letter. Source: OCC
  • 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.
  • Child who has been found to have committed a delinquent act: means a child who, under this chapter, is found by a court to have committed a violation of law or to be in direct or indirect contempt of court, except that this definition does not include an act constituting contempt of court arising out of a dependency proceeding or a proceeding concerning a child or family in need of services. See Florida Statutes 985.03
  • Circuit: means any of the 20 judicial circuits as set forth in…. See Florida Statutes 985.03
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Classification plan: means a formal description of the concepts, rules, job family definitions, occupational group characteristics, and occupational profiles used in the classification of positions. See Florida Statutes 110.107
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • coalition: means an early learning coalition created under…. See Florida Statutes 1002.51
  • Commission: means the Florida Commission on Offender Review. See Florida Statutes 944.02
  • Commission: means the Florida Commission on Offender Review. See Florida Statutes 947.005
  • Commission: means the Commission for Independent Education. See Florida Statutes 1005.02
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community control: means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. See Florida Statutes 948.001
  • Community education: means the use of a school or other public facility as a community center operated in conjunction with other public, private, and governmental organizations for the purpose of providing educational, recreational, social, cultural, health, and community services for persons in the community in accordance with the needs, interests, and concerns of that community, including lifelong learning. See Florida Statutes 1004.02
  • Community sanction: includes :
    (a) Probation. See Florida Statutes 921.0021
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer trespasser: means a person who accesses a protected computer without authorization and thus does not have a reasonable expectation of privacy with respect to any communication transmitted to, through, or from the protected computer. See Florida Statutes 934.02
  • 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.
  • Conditional release: means the care, treatment, help, supervision, and provision of transition-to-adulthood services provided to a juvenile released from a residential commitment program which is intended to promote rehabilitation and prevent recidivism. See Florida Statutes 985.03
  • Contents: when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication. See Florida Statutes 934.02
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing workforce education: means instruction that does not result in a registered apprenticeship certificate of completion, technical certificate, diploma, associate in applied science degree, or associate in science degree. See Florida Statutes 1004.02
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled substance: means any substance named or described in Schedules I-V of…. See Florida Statutes 893.02
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld. See Florida Statutes 921.0021
  • core structure: means the parent molecule that is the common basis for the class that includes, but is not limited to, tryptamine, phenethylamine, or ergoline. See Florida Statutes 893.02
  • Core-curricula courses: means :
    (a) Courses in language arts/reading, mathematics, social studies, and science in prekindergarten through grade 3, excluding extracurricular courses pursuant to subsection (11);
    (b) Courses in grades 4 through 8 in subjects that are measured by state assessment at any grade level and courses required for middle school promotion, excluding extracurricular courses pursuant to subsection (11);
    (c) Courses in grades 9 through 12 in subjects that are measured by state assessment at any grade level and courses that are specifically identified by name in statute as required for high school graduation and that are not measured by state assessment, excluding extracurricular courses pursuant to subsection (11);
    (d) Exceptional student education courses; and
    (e) English for Speakers of Other Languages courses. See Florida Statutes 1003.01
  • Corporal punishment: means the moderate use of physical force or physical contact by a teacher or principal as may be necessary to maintain discipline or to enforce school rule. See Florida Statutes 1003.01
  • 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.
  • Corporation: means the private nonprofit corporation established pursuant to…. See Florida Statutes 946.503
  • Correctional system: means all prisons and other state correctional institutions now existing or hereafter created under the jurisdiction of the Department of Corrections. See Florida Statutes 944.02
  • Correctional work program: means any program presently a part of the prison industries program operated by the department or any other correctional work program carried on at any state correctional facility presently or in the future, but the term does not include any program authorized by…. See Florida Statutes 946.503
  • court: as used in this chapter , includes all state courts. See Florida Statutes 903.02
  • Court: means the circuit court assigned to exercise jurisdiction under this chapter, unless otherwise expressly stated. See Florida Statutes 985.03
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Credit counseling agency: means any organization providing debt management services or credit counseling services. See Florida Statutes 817.801
  • Credit counseling services: means confidential money management, debt reduction, and financial educational services. See Florida Statutes 817.801
  • Creditor contribution: means any sum that a creditor agrees to contribute to a credit counseling agency, whether directly or by setoff against amounts otherwise payable to the creditor on behalf of debtors. See Florida Statutes 817.801
  • Criminal gang: means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols, including, but not limited to, terrorist organizations and hate groups. See Florida Statutes 874.03
  • Criminal gang member: is a person who meets two or more of the following criteria:
    (a) Admits to criminal gang membership. See Florida Statutes 874.03
  • Criminal gang-related activity: means :
    (a) An activity committed with the intent to benefit, promote, or further the interests of a criminal gang, or for the purposes of increasing a person's own standing or position within a criminal gang;
    (b) An activity in which the participants are identified as criminal gang members or criminal gang associates acting individually or collectively to further any criminal purpose of a criminal gang;
    (c) An activity that is identified as criminal gang activity by a documented reliable informant; or
    (d) An activity that is identified as criminal gang activity by an informant of previously untested reliability and such identification is corroborated by independent information. See Florida Statutes 874.03
  • Cultivating: means the preparation of any soil or hydroponic medium for the planting of a controlled substance or the tending and care or harvesting of a controlled substance. See Florida Statutes 893.02
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day treatment: means a nonresidential, community-based program designed to provide therapeutic intervention to youth who are served by the department, placed on probation or conditional release, or committed to the minimum-risk nonresidential level. See Florida Statutes 985.03
  • Debt management services: means services provided to a debtor by a credit counseling organization for a fee to:
    (a) Effect the adjustment, compromise, or discharge of any unsecured account, note, or other indebtedness of the debtor; or
    (b) Receive from the debtor and disburse to a creditor any money or other thing of value. See Florida Statutes 817.801
  • 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.
  • Defense attorney: Represent defendants in criminal matters.
  • Degree: means any educational credential that is generally taken to signify satisfactory completion of the requirements of an undergraduate, graduate, academic, educational, or professional program of study or any honorary credential conferred for meritorious recognition. See Florida Statutes 1005.02
  • Delinquency program: means any intake, probation, or similar program; regional detention center or facility; or community-based program, whether owned and operated by or contracted by the department, or institution owned and operated by or contracted by the department, which provides intake, supervision, or custody and care of children who are alleged to be or who have been found to be delinquent under this chapter. See Florida Statutes 985.03
  • delinquent act: means a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult. See Florida Statutes 985.03
  • delivery: means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See Florida Statutes 893.02
  • Demotion: means the changing of the classification of an employee to a broadband level having a lower maximum salary; or the changing of the classification of an employee to a broadband level having the same or a higher maximum salary but a lower level of responsibility. See Florida Statutes 110.107
  • Department: means the Department of Law Enforcement. See Florida Statutes 937.0201
  • Department: means the Department of Juvenile Justice. See Florida Statutes 985.03
  • Department: means the Department of Corrections. See Florida Statutes 944.02
  • Department: means the Department of Corrections. See Florida Statutes 947.005
  • Department: means the Department of Corrections. See Florida Statutes 946.503
  • Department: means the Department of Education. See Florida Statutes 1002.51
  • Department: means the Department of Education. See Florida Statutes 1002.81
  • Department: means the Department of Health. See Florida Statutes 893.02
  • Department: means the Department of Management Services. See Florida Statutes 110.107
  • 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.
  • Detention care: means the temporary care of a child in secure or supervised release detention, pending a court adjudication or disposition or execution of a court order. See Florida Statutes 985.03
  • Detention center or facility: means a facility used pending court adjudication or disposition or execution of court order for the temporary care of a child alleged or found to have committed a violation of law. See Florida Statutes 985.03
  • Detention hearing: means a hearing for the court to determine if a child should be placed in temporary custody, as provided for under part V in delinquency cases. See Florida Statutes 985.03
  • Developmental education: means instruction through which a high school graduate who applies for any college credit program may attain the communication and computation skills necessary to successfully complete college credit instruction. See Florida Statutes 1004.02
  • Developmental education: means instruction through which a high school graduate who applies for any college credit program may attain the communication and computation skills necessary to successfully complete college credit instruction. See Florida Statutes 1008.02
  • Devise: To gift property by will.
  • Diploma: means a credential that is not a degree but is any of the following: a certificate, transcript, report, document, or title; a designation, mark, or appellation; or a series of letters, numbers, or words that generally are taken to signify satisfactory completion of the requirements of an educational or career program of study or training or course of study. See Florida Statutes 1005.02
  • Direct enhancement services: means services for families and children that are in addition to payments for the placement of children in the school readiness program. See Florida Statutes 1002.81
  • Disability: means any disability listed in the definition of exceptional student in…. See Florida Statutes 1002.51
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disenrollment: means the removal, either temporary or permanent, of a child from participation in the school readiness program. See Florida Statutes 1002.81
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dismissal: means a disciplinary action taken by an agency pursuant to…. See Florida Statutes 110.107
  • Dispense: means the transfer of possession of one or more doses of a medicinal drug by a pharmacist or other licensed practitioner to the ultimate consumer thereof or to one who represents that it is his or her intention not to consume or use the same but to transfer the same to the ultimate consumer or user for consumption by the ultimate consumer or user. See Florida Statutes 893.02
  • Disposition hearing: means a hearing in which the court determines the most appropriate dispositional services in the least restrictive available setting provided for under part VII, in delinquency cases. See Florida Statutes 985.03
  • Distribute: means to deliver, other than by administering or dispensing, a controlled substance. See Florida Statutes 893.02
  • Distributor: means a person who distributes. See Florida Statutes 893.02
  • District school board: means the members who are elected by the voters of a school district created and existing pursuant to…. See Florida Statutes 1003.01
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Dropout: means a student who meets any one or more of the following criteria:
    (a) The student has voluntarily removed himself or herself from the school system before graduation for reasons that include, but are not limited to, marriage, or the student has withdrawn from school because he or she has failed the statewide student assessment test and thereby does not receive any of the certificates of completion;
    (b) The student has not met the relevant attendance requirements of the school district pursuant to State Board of Education rules, or the student was expected to attend a school but did not enter as expected for unknown reasons, or the student's whereabouts are unknown;
    (c) The student has withdrawn from school, but has not transferred to another public or private school or enrolled in any career, adult, home education, or alternative educational program;
    (d) The student has withdrawn from school due to hardship, unless such withdrawal has been granted under the provisions of…. See Florida Statutes 1003.01
  • Drug offender probation: means a form of intensive supervision that emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads. See Florida Statutes 948.001
  • Economically disadvantaged: means having a family income that does not exceed 150 percent of the federal poverty level and includes being a child of a working migratory family as defined by 34 C. See Florida Statutes 1002.81
  • Effective parole release date: means the actual parole release date as determined by the presumptive parole release date, satisfactory institutional conduct, and an acceptable parole plan. See Florida Statutes 947.005
  • Electronic communication: has the meaning provided in…. See Florida Statutes 874.03
  • Electronic communication: means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system that affects intrastate, interstate, or foreign commerce, but does not include:
    (a) Any wire or oral communication;
    (b) Any communication made through a tone-only paging device;
    (c) Any communication from an electronic or mechanical device which permits the tracking of the movement of a person or an object; or
    (d) Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. See Florida Statutes 934.02
  • Electronic communication service: means any service which provides to users thereof the ability to send or receive wire or electronic communications. See Florida Statutes 934.02
  • Electronic communications system: means any wire, radio, electromagnetic, photooptical, or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications. See Florida Statutes 934.02
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic storage: means :
    (a) Any temporary intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof. See Florida Statutes 934.02
  • 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
  • Employing agency: means any agency authorized to employ personnel to carry out the responsibilities of the agency under the provisions of chapter 20 or other law. See Florida Statutes 110.107
  • 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
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Established position: means an authorized position that has been classified in accordance with a classification and pay plan as provided by law. See Florida Statutes 110.107
  • 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.
  • Exceptional student: means any student who has been determined eligible for a special program in accordance with rules of the State Board of Education. See Florida Statutes 1003.01
  • Executor: A male person named in a will to carry out the decedent
  • Expulsion: means the removal of the right and obligation of a student to attend a public school under conditions set by the district school board, and for a period of time not to exceed the remainder of the term or school year and 1 additional year of attendance. See Florida Statutes 1003.01
  • Extracurricular courses: means all courses that are not defined as "core-curricula courses" which may include, but are not limited to, physical education, fine arts, performing fine arts, career education, and courses that may result in college credit. See Florida Statutes 1003.01
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Facilities: means the buildings and land used in the operation of an industry program on state property. See Florida Statutes 946.503
  • 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
  • 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.
  • Family: means a collective of persons, consisting of a child and a parent, guardian, adult custodian, or adult relative, in which:
    (a) The persons reside in the same house or living unit; or
    (b) The parent, guardian, adult custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child. See Florida Statutes 985.03
  • Family income: means the combined gross income, whether earned or unearned, that is derived from any source by all family or household members who are 18 years of age or older who are currently residing together in the same dwelling unit. See Florida Statutes 1002.81
  • Family literacy: means a program for adults with a literacy component for parents and children or other intergenerational literacy components. See Florida Statutes 1004.02
  • Family or household members: means spouses, former spouses, persons related by blood or marriage, persons who are parents of a child in common regardless of whether they have been married, and other persons who are currently residing together in the same dwelling unit as if a family. See Florida Statutes 1002.81
  • 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
  • Federal immigration agency: means the United States Department of Justice and the United States Department of Homeland Security, a division within such an agency, including United States Immigration and Customs Enforcement and United States Customs and Border Protection, any successor agency, and any other federal agency charged with the enforcement of immigration law. See Florida Statutes 908.102
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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
  • Foreign intelligence information: means information, whether or not concerning a United States person, as that term is defined in 50 U. See Florida Statutes 934.02
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Full-time position: means a position authorized for the entire normally established work period, whether daily, weekly, monthly, or annually. See Florida Statutes 110.107
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental: means an institution provided, operated, and supported by a federal, state, or county government or any of its political subdivisions. See Florida Statutes 1005.02
  • 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
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • Habitual truant: means a student who has 15 unexcused absences within 90 calendar days with or without the knowledge or consent of the student's parent, is subject to compulsory school attendance under…. See Florida Statutes 1003.01
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Homologue: means a chemical compound in a series in which each compound differs by one or more repeating hydrocarbon functional group units at any single point within the compound. See Florida Statutes 893.02
  • Hospital: means an institution for the care and treatment of the sick and injured, licensed pursuant to the provisions of chapter 395 or owned or operated by the state or Federal Government. See Florida Statutes 893.02
  • Immigration detainer: means a facially sufficient written or electronic request issued by a federal immigration agency using that agency's official form to request that another law enforcement agency detain a person based on probable cause to believe that the person to be detained is a removable alien under federal immigration law, including detainers issued pursuant to 8 U. See Florida Statutes 908.102
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • In-school suspension: means the temporary removal of a student from the student's regular school program and placement in an alternative program, such as that provided in…. See Florida Statutes 1003.01
  • 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
  • Independent postsecondary educational institution: means any postsecondary educational institution that operates in this state or makes application to operate in this state, and is not provided, operated, and supported by the State of Florida, its political subdivisions, or the Federal Government. See Florida Statutes 1005.02
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inmate: means any person incarcerated within any state, county, municipal, or private correctional facility. See Florida Statutes 946.503
  • Inmate: means a person in the custody of a law enforcement agency. See Florida Statutes 908.102
  • inquest: means a formal, nonadversary, nonjury presentation of evidence concerning a death, discovered by the medical examiner, state attorney, and law enforcement agency during their respective examinations and investigations into the death. See Florida Statutes 936.002
  • Instructional personnel: means any K-12 staff member whose function includes the provision of direct instructional services to students. See Florida Statutes 1012.01
  • Intake: means the initial acceptance and screening by the department or juvenile assessment center personnel of a complaint or a law enforcement report or probable cause affidavit of delinquency to determine the recommendation to be taken in the best interests of the child, the family, and the community. See Florida Statutes 985.03
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intercept: means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Florida Statutes 934.02
  • 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
  • Intestate: Dying without leaving a will.
  • Investigative or law enforcement officer: means any officer of the State of Florida or political subdivision thereof, of the United States, or of any other state or political subdivision thereof, who is empowered by law to conduct on behalf of the Government investigations of, or to make arrests for, offenses enumerated in this chapter or similar federal offenses, any attorney authorized by law to prosecute or participate in the prosecution of such offenses, or any other attorney representing the State of Florida or political subdivision thereof in any civil, regulatory, disciplinary, or forfeiture action relating to, based upon, or derived from such offenses. See Florida Statutes 934.02
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judge: means the circuit judge exercising jurisdiction pursuant to this chapter. See Florida Statutes 985.03
  • Judge of competent jurisdiction: means justice of the Supreme Court, judge of a district court of appeal, circuit judge, or judge of any court of record having felony jurisdiction of the State of Florida, irrespective of the geographic location or jurisdiction where the judge presides. See Florida Statutes 934.02
  • 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.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Juror: A person who is on the jury.
  • Juvenile justice continuum: includes , but is not limited to, prevention programs and services designed for the purpose of preventing or reducing delinquent acts, including criminal activity by criminal gangs, and juvenile arrests, as well as programs and services targeted at children who have committed delinquent acts, and children who have previously been committed to residential treatment programs for delinquents. See Florida Statutes 985.03
  • Juvenile probation officer: means the authorized agent of the department who performs the intake, case management, or supervision functions. See Florida Statutes 985.03
  • Laboratory: means a laboratory approved by the Drug Enforcement Administration as proper to be entrusted with the custody of controlled substances for scientific, medical, or instructional purposes or to aid law enforcement officers and prosecuting attorneys in the enforcement of this chapter. See Florida Statutes 893.02
  • Late-payment fee: The fee that will be imposed when your payment is late. Source: Federal Reserve
  • Law enforcement agency: means an agency in this state charged with enforcement of state, county, municipal, or federal laws or with managing custody of detained persons in this state and includes municipal police departments, sheriffs' offices, state police departments, state university and college police departments, county correctional agencies, and the Department of Corrections. See Florida Statutes 908.102
  • Law enforcement agency: means an agency of the State of Florida or a political subdivision thereof or of the United States if the primary responsibility of the agency is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of this state and if its agents and officers are empowered by law to conduct criminal investigations and to make arrests. See Florida Statutes 934.02
  • Layoff: means termination of employment due to a shortage of funds or work, or a material change in the duties or organization of an agency, including the outsourcing or privatization of an activity or function previously performed by career service employees. See Florida Statutes 110.107
  • 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
  • Lease-purchase agreement: means an installment sales contract which requires regular payments with an interest charge included and which provides that the lessee receive title to the property upon final payment. See Florida Statutes 944.02
  • Legal status: means an offender's status if the offender:
    (a) Escapes from incarceration;
    (b) Flees to avoid prosecution;
    (c) Fails to appear for a criminal proceeding;
    (d) Violates any condition of a supersedeas bond;
    (e) Is incarcerated;
    (f) Is under any form of a pretrial intervention or diversion program; or
    (g) Is under any form of court-imposed or postprison release community supervision. See Florida Statutes 921.0021
  • Legislative Auditing Committee: means a committee or committees designated by joint rule of the Legislature, by the President of the Senate or the Speaker of the House of Representatives, or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
  • 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.
  • License: means a certificate signifying that an independent postsecondary educational institution meets standards prescribed in statute or rule and is permitted to operate in this state. See Florida Statutes 1005.02
  • Licensed child-caring agency: means a person, society, association, or agency licensed by the Department of Children and Families to care for, receive, and board children. See Florida Statutes 985.03
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lifelong learning: means a noncredit course or activity offered by a school district or Florida College System institution that seeks to address community social and economic issues related to health and human relations, government, parenting, consumer economics, and senior citizens. See Florida Statutes 1004.02
  • Listed chemical: means any precursor chemical or essential chemical named or described in…. See Florida Statutes 893.02
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local governmental entity: means any county, municipality, or other political subdivision of this state. See Florida Statutes 908.102
  • Local sponsor: means a district school board, Florida College System institution board of trustees, public library, other public entity, or private nonprofit entity, or any combination of these entities, that provides adult literacy instruction. See Florida Statutes 1004.02
  • Managers: includes those K-12 staff members who perform managerial and supervisory functions while usually also performing general operations functions. See Florida Statutes 1012.01
  • Manufacture: means the production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance by:
  • Manufacturer: means and includes every person who prepares, derives, produces, compounds, or repackages any drug as defined by the Florida Drug and Cosmetic Act. See Florida Statutes 893.02
  • Market rate: means the price that a child care or early childhood education provider charges for full-time or part-time daily, weekly, or monthly child care or early childhood education services. See Florida Statutes 1002.81
  • Mediation: means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. See Florida Statutes 985.03
  • Mental health probation: means a form of specialized supervision that emphasizes mental health treatment and working with treatment providers to focus on underlying mental health disorders and compliance with a prescribed psychotropic medication regimen in accordance with individualized treatment plans. See Florida Statutes 948.001
  • Meta-major: means a collection of programs of study or academic discipline groupings that share common foundational skills. See Florida Statutes 1008.02
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • Minority leader: See Floor Leaders
  • Missing adult: means a person 18 years of age or older whose temporary or permanent residence is in, or is believed to be in, this state, whose location has not been determined, and who has been reported as missing to a law enforcement agency. See Florida Statutes 937.0201
  • Missing child: means a person younger than 18 years of age whose temporary or permanent residence is in, or is believed to be in, this state, whose location has not been determined, and who has been reported as missing to a law enforcement agency. See Florida Statutes 937.0201
  • Missing endangered person: means any of the following:
    (a) A missing child. See Florida Statutes 937.0201
  • Missing endangered person report: means a report prepared on a form prescribed by the department by rule for use by the public and law enforcement agencies in reporting information to the Missing Endangered Persons Information Clearinghouse about a missing endangered person. See Florida Statutes 937.0201
  • Mixture: means any physical combination of two or more substances, including, but not limited to, a blend, an aggregation, a suspension, an emulsion, a solution, or a dosage unit, whether or not such combination can be separated into its components by physical means, whether mechanical or thermal. See Florida Statutes 893.02
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mother-infant program: means a residential program designed to serve the needs of juvenile mothers or expectant juvenile mothers who are committed as delinquents, which is operated or contracted by the department. See Florida Statutes 985.03
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Next of kin: means an adult relative of a child who is the child's brother, sister, grandparent, aunt, uncle, or first cousin. See Florida Statutes 985.03
  • 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.
  • 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.
  • Occupation: means all positions that are sufficiently similar in knowledge, skills, abilities, and the kind or subject matter of work. See Florida Statutes 110.107
  • Occupational completion point: means the occupational competencies that qualify a person to enter an occupation that is linked to a career and technical program. See Florida Statutes 1004.02
  • Occupational group: means a group of occupations that are sufficiently similar in the kind of work performed to warrant the use of the same performance factors in determining the level of complexity for all occupations in that occupational group. See Florida Statutes 110.107
  • 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 1.01
  • Office of Program Policy Analysis and Government Accountability: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
  • ongoing: means that the organization was in existence during the time period charged in a petition, information, indictment, or action for civil injunctive relief. See Florida Statutes 874.03
  • Operating in this state: means any of the following:
    (a) Maintaining for any purpose related to offering a degree, diploma, or credit a physical location in this state, a mailing address in this state, a telephone or facsimile number in this state, or a mail forwarding service or telephone answering or relay service in this state or advertising any such presence; or
    (b) By any means or device, facilitating in this state any part of a scheme to offer a degree, diploma, or credit, or any activity connected with the administration, promotion, recruitment, placement, instruction, fee collection or receipt, or any other function of a purported independent postsecondary educational institution, other than periodic and customary contact with the institution's own alumni. See Florida Statutes 1005.02
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oral communication: means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication. See Florida Statutes 934.02
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under…. See Florida Statutes 985.03
  • Part-time position: means a position authorized for less than the entire normally established work period, whether daily, weekly, monthly, or annually. See Florida Statutes 110.107
  • 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.
  • Patient: means an individual to whom a controlled substance is lawfully dispensed or administered pursuant to the provisions of this chapter. See Florida Statutes 893.02
  • Pay band: means the minimum salary, the maximum salary, and intermediate rates that are payable for work in a specific broadband level. See Florida Statutes 110.107
  • Pay plan: means a formal description of the philosophy, methods, procedures, and salary schedules for competitively compensating employees at market-based rates for work performed. See Florida Statutes 110.107
  • Pen register: means a device or process that records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, but such information does not include the contents of any communication. See Florida Statutes 934.02
  • Person: means any individual, corporation, partnership, trust, association, or other legal entity. See Florida Statutes 817.801
  • 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: means any employee or agent of the State of Florida or political subdivision thereof, of the United States, or of any other state or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See Florida Statutes 934.02
  • Personal property: All property that is not real property.
  • Pharmacist: means a person who is licensed pursuant to chapter 465 to practice the profession of pharmacy in this state. See Florida Statutes 893.02
  • Physical education: means the development or maintenance of skills related to strength, agility, flexibility, movement, and stamina, including dance; the development of knowledge and skills regarding teamwork and fair play; the development of knowledge and skills regarding nutrition and physical fitness as part of a healthy lifestyle; and the development of positive attitudes regarding sound nutrition and physical activity as a component of personal well-being. See Florida Statutes 1003.01
  • 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.
  • 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
  • Position: means the work, consisting of duties and responsibilities, assigned to be performed by an officer or employee. See Florida Statutes 110.107
  • Possession: includes temporary possession for the purpose of verification or testing, irrespective of dominion or control. See Florida Statutes 893.02
  • Potential for abuse: means that a substance has properties of a central nervous system stimulant or depressant or an hallucinogen that create a substantial likelihood of its being:
    (a) Used in amounts that create a hazard to the user's health or the safety of the community;
    (b) Diverted from legal channels and distributed through illegal channels; or
    (c) Taken on the user's own initiative rather than on the basis of professional medical advice. See Florida Statutes 893.02
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practitioner: means a physician licensed under chapter 458, a dentist licensed under chapter 466, a veterinarian licensed under chapter 474, an osteopathic physician licensed under chapter 459, an advanced practice registered nurse licensed under chapter 464, a naturopath licensed under chapter 462, a certified optometrist licensed under chapter 463, a psychiatric nurse as defined in…. See Florida Statutes 893.02
  • 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.
  • Prekindergarten director: means an onsite person ultimately responsible for the overall operation of a private prekindergarten provider or, alternatively, of the provider's prekindergarten program, regardless of whether the person is the owner of the provider. See Florida Statutes 1002.51
  • Prekindergarten instructor: means a teacher or child care personnel as defined in…. See Florida Statutes 1002.51
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Preliminary screening: means the gathering of preliminary information to be used in determining a child's need for further evaluation or assessment or for referral for other substance abuse services through means such as psychosocial interviews; urine and breathalyzer screenings; and reviews of available educational, delinquency, and dependency records of the child. See Florida Statutes 985.03
  • Prescription: includes any order for drugs or medicinal supplies which is written or transmitted by any means of communication by a licensed practitioner authorized by the laws of this state to prescribe such drugs or medicinal supplies, is issued in good faith and in the course of professional practice, is intended to be dispensed by a person authorized by the laws of this state to do so, and meets the requirements of…. See Florida Statutes 893.02
  • 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.
  • Presumptive parole release date: means the tentative parole release date as determined by objective parole guidelines. See Florida Statutes 947.005
  • Prevailing market rate: means the biennially determined 75th percentile of a reasonable frequency distribution of the market rate by program care level and provider type in a predetermined geographic market at which child care providers charge a person for child care services. See Florida Statutes 1002.81
  • Prevention: means programs, strategies, initiatives, and networks designed to keep children from making initial or further contact with the juvenile justice system. See Florida Statutes 985.03
  • primary activities: means that a criminal gang spends a substantial amount of time engaged in such activity, although such activity need not be the only, or even the most important, activity in which the criminal gang engages. See Florida Statutes 874.03
  • Primary offense: means the offense at conviction pending before the court for sentencing for which the total sentence points recommend a sanction that is as severe as, or more severe than, the sanction recommended for any other offense committed by the offender and pending before the court at sentencing. See Florida Statutes 921.0021
  • Prior record: means a conviction for a crime committed by the offender, as an adult or a juvenile, prior to the time of the primary offense. See Florida Statutes 921.0021
  • Prisoner: means any person who is under civil or criminal arrest and in the lawful custody of any law enforcement official, or any person committed to or detained in any municipal or county jail or state prison, prison farm, or penitentiary, or to the custody of the department pursuant to lawful authority. See Florida Statutes 944.02
  • Private correctional facility: means a facility authorized by chapter 944 or chapter 957. See Florida Statutes 946.503
  • Private prekindergarten provider: means a provider other than a public school which is eligible to deliver the school-year prekindergarten program under…. See Florida Statutes 1002.51
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: means the legal status of probation created by law and court order in cases involving a child who has been found to have committed a delinquent act. See Florida Statutes 985.03
  • Probation: means a form of community supervision requiring specified contacts with probation officers and other terms and conditions as provided in…. See Florida Statutes 948.001
  • 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.
  • Promotion: means the changing of the classification of an employee to a broadband level having a higher maximum salary; or the changing of the classification of an employee to a broadband level having the same or a lower maximum salary but a higher level of responsibility. See Florida Statutes 110.107
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected computer: means :
    (a) A computer for the exclusive use of a financial institution or governmental entity;
    (b) A computer that is not for the exclusive use of a financial institution or governmental entity, but that is used by or for a financial institution or governmental entity and with respect to which unlawful conduct can affect the use by or for the financial institution or governmental entity; or
    (c) A computer that is used in interstate or foreign commerce or communication, including a computer located outside the United States. See Florida Statutes 934.02
  • Provisional release date: means the date projected for the prisoner's release from custody as determined pursuant to 1s. See Florida Statutes 947.005
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public school prekindergarten provider: includes a traditional public school or a charter school that is eligible to deliver the school-year prekindergarten program under…. See Florida Statutes 1002.51
  • Qualified practitioner: means a social worker, a mental health counselor, or a marriage and family therapist licensed under chapter 491 who, as determined by rule of the respective board, has the coursework, training, qualifications, and experience to evaluate and treat sexual offenders; a psychiatrist licensed under chapter 458 or chapter 459; or a psychologist licensed under chapter 490. See Florida Statutes 947.005
  • Qualified practitioner: means a social worker, mental health counselor, or a marriage and family therapist licensed under chapter 491 who, as determined by rule of the respective board, has the coursework, training, qualifications, and experience to evaluate and treat sexual offenders; a psychiatrist licensed under chapter 458 or chapter 459; or a psychologist licensed under chapter 490. See Florida Statutes 948.001
  • Quorum: The number of legislators that must be present to do business.
  • Readily accessible to the general public: means , with respect to a radio communication, that such communication is not:
    (a) Scrambled or encrypted;
    (b) Transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication;
    (c) Carried on a subcarrier or other signal subsidiary to a radio transmission;
    (d) Transmitted over a communications system provided by a common carrier, unless the communication is a tone-only paging system communication; or
    (e) Transmitted on frequencies allocated under part 25; subpart D, subpart E, or subpart F of part 74; or part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio. See Florida Statutes 934.02
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reassignment: means moving an employee from a position in one broadband level to a different position in the same broadband level or to a different broadband level having the same maximum salary. See Florida Statutes 110.107
  • Recess: A temporary interruption of the legislative business.
  • Reclassification: means the changing of an established position in one broadband level in an occupational group to a higher or lower broadband level in the same occupational group or to a broadband level in a different occupational group. See Florida Statutes 110.107
  • registered mail: include certified mail with return receipt requested. See Florida Statutes 1.01
  • Regular school attendance: means the actual attendance of a student during the school day as defined by law and rules of the State Board of Education. See Florida Statutes 1003.01
  • Relative: means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. See Florida Statutes 985.03
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communications system. See Florida Statutes 934.02
  • 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.
  • Respite: means a placement that is available for the care, custody, and placement of a youth charged with domestic violence as an alternative to secure detention or for placement of a youth when a shelter bed for a child in need of services or a family in need of services is unavailable. See Florida Statutes 985.03
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restrictiveness level: means the level of programming and security provided by programs that service the supervision, custody, care, and treatment needs of committed children. See Florida Statutes 985.03
  • Risk assessment: means an assessment completed by an independent qualified practitioner to evaluate the level of risk associated when a sex offender has contact with a child. See Florida Statutes 947.005
  • Risk assessment: means an assessment completed by a qualified practitioner to evaluate the level of risk associated when a sex offender has contact with a child. See Florida Statutes 948.001
  • Safety plan: means a written document prepared by the qualified practitioner, in collaboration with the sex offender, the child's parent or legal guardian, and, when appropriate, the child, which establishes clear roles and responsibilities for each individual involved in any contact between the child and the sex offender. See Florida Statutes 947.005
  • Safety plan: means a written document prepared by the qualified practitioner, in collaboration with the sex offender, the child's parent or legal guardian, and, when appropriate, the child which establishes clear roles and responsibilities for each individual involved in any contact between the child and the sex offender. See Florida Statutes 948.001
  • Sanctuary policy: means a law, policy, practice, procedure, or custom adopted or allowed by a state entity or local governmental entity which prohibits or impedes a law enforcement agency from complying with 8 U. See Florida Statutes 908.102
  • School: means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, or other public school level authorized under rules of the State Board of Education. See Florida Statutes 1003.01
  • School: means any nonpublic postsecondary noncollegiate educational institution, association, corporation, person, partnership, or organization of any type which:
    (a) Offers to provide or provides any complete, or substantially complete, postsecondary program of instruction through the student's personal attendance; in the presence of an instructor; in a classroom, clinical, or other practicum setting; or through correspondence or other distance education;
    (b) Represents, directly or by implication, that the instruction will qualify the student for employment in an occupation for which a degree is not required in order to practice in this state;
    (c) Receives remuneration from the student or any other source based on the enrollment of a student or the number of students enrolled; or
    (d) Offers to award or awards a diploma, regardless of whether it conducts instruction or receives remuneration. See Florida Statutes 1005.02
  • Secretary: means the Secretary of Corrections. See Florida Statutes 944.02
  • Secretary: means the Secretary of Corrections. See Florida Statutes 947.005
  • Secretary: means the Secretary of Management Services. See Florida Statutes 110.107
  • Secure detention: means temporary custody of the child while the child is under the physical restriction of a secure detention center or facility pending adjudication, disposition, or placement. See Florida Statutes 985.03
  • 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
  • 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.
  • sex offender community control: means a form of intensive supervision, with or without electronic monitoring, which emphasizes treatment and supervision of a sex offender in accordance with an individualized treatment plan administered by an officer who has a restricted caseload and specialized training. See Florida Statutes 948.001
  • Shared employment: means part-time career employment in which the duties and responsibilities of a full-time position in the career service are divided among part-time employees who are eligible for the position and who receive career service benefits and wages pro rata. See Florida Statutes 110.107
  • Shelter: means a place for the temporary care of a child who is alleged to be or who has been found to be delinquent. See Florida Statutes 985.03
  • Single point of entry: means an integrated information system that allows a parent to enroll his or her child in the school readiness program or the Voluntary Prekindergarten Education Program at various locations throughout a county, that may allow a parent to enroll his or her child by telephone or through a website, and that uses a uniform waiting list to track eligible children waiting for enrollment in the school readiness program. See Florida Statutes 1002.81
  • Special education services: means specially designed instruction and such related services as are necessary for an exceptional student to benefit from education. See Florida Statutes 1003.01
  • special programs: means measures designed to meet the special needs of a student that cannot be met by regular school curricula. See Florida Statutes 1003.01
  • State: includes any territory of the United States and District of Columbia. See Florida Statutes 942.01
  • State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any other possession or territory of the United States. See Florida Statutes 934.02
  • State correctional institution: means any prison, road camp, prison industry, prison forestry camp, or any prison camp or prison farm or other correctional facility, temporary or permanent, in which prisoners are housed, worked, or maintained, under the custody and jurisdiction of the department. See Florida Statutes 944.02
  • State entity: means the state or any office, board, bureau, commission, department, branch, division, or institution thereof, including institutions within the State University System and the Florida College System. See Florida Statutes 908.102
  • 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: means any administrative subpoena authorized by federal or Florida law, federal or Florida grand jury subpoena, or any criminal investigative subpoena as authorized by Florida statute which may be utilized on behalf of the government by an investigative or law enforcement officer. See Florida Statutes 934.02
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Substance abuse: means using, without medical reason, any psychoactive or mood-altering drug, including alcohol, in such a manner as to induce impairment resulting in dysfunctional social behavior. See Florida Statutes 985.03
  • Summons: includes a subpoena, order, or other notice requiring the appearance of a witness. See Florida Statutes 942.01
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervised release detention: means temporary, nonsecure custody of the child while the child is released to the custody of the parent, guardian, or custodian in a physically nonrestrictive environment under the supervision of the department staff pending adjudication or disposition, through programs that include, but are not limited to, electronic monitoring, day reporting centers, and nonsecure shelters. See Florida Statutes 985.03
  • Suspension: means a disciplinary action taken by an agency pursuant to…. See Florida Statutes 110.107
  • Taken into custody: means the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child's release, detention, placement, or other disposition as authorized by law. See Florida Statutes 985.03
  • Temporary legal custody: means the relationship that a juvenile court creates between a child and an adult relative of the child, adult nonrelative approved by the court, or other person until a more permanent arrangement is ordered. See Florida Statutes 985.03
  • Temporary release: means the terms and conditions under which a child is temporarily released from a residential commitment facility or allowed home visits. See Florida Statutes 985.03
  • 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.
  • Tentative release date: means the date projected for the prisoner's release from custody by virtue of gain-time granted or forfeited pursuant to…. See Florida Statutes 947.005
  • Testify: Answer questions in court.
  • 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.
  • 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.
  • Transfer: means moving an employee from one geographic location of the state to a different geographic location more than 50 miles from the employee's current work location. See Florida Statutes 110.107
  • Transition-to-adulthood services: means services that are provided for youth in the custody of the department or under the supervision of the department and that have the objective of instilling the knowledge, skills, and aptitudes essential to a socially integrated, self-supporting adult life. See Florida Statutes 985.03
  • Trap and trace device: means a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, or signaling information reasonably likely to identify the source of a wire or electronic communication, but such information does not include the contents of any communication. See Florida Statutes 934.02
  • Trauma-informed care: means services that are provided to children with a history of trauma, recognizing the symptoms of trauma and acknowledging the role that trauma has played in the child's life. See Florida Statutes 985.03
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • True bill: Another word for indictment.
  • 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
  • university: means any incorporated postsecondary educational entity, and its additional locations, offering a substantially complete program that confers or offers to confer at least an associate degree requiring at least 15 semester hours or the equivalent of general education, or that furnishes or offers to furnish instruction leading toward, or prerequisite to, college credit. See Florida Statutes 1005.02
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User: means any person or entity who:
    (a) Uses an electronic communication service, and
    (b) Is duly authorized by the provider of such service to engage in such use. See Florida Statutes 934.02
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • 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
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Victim injury: means the physical injury or death suffered by a person as a direct result of the primary offense, or any additional offense, for which an offender is convicted and which is pending before the court for sentencing at the time of the primary offense. See Florida Statutes 921.0021
  • Waiver hearing: means a hearing provided for under…. See Florida Statutes 985.03
  • Wholesaler: means any person who acts as a jobber, wholesale merchant, or broker, or an agent thereof, who sells or distributes for resale any drug as defined by the Florida Drug and Cosmetic Act. See Florida Statutes 893.02
  • Wire communication: means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception including the use of such connection in a switching station furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate, or foreign communications or communications affecting intrastate, interstate, or foreign commerce. See Florida Statutes 934.02
  • Witness: as used in this chapter , includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding held by the prosecution or the defense. See Florida Statutes 942.01
  • Workforce education: means adult general education or career education and may consist of a continuing workforce education course or a program of study leading to an occupational completion point, a career certificate, an applied technology diploma, a career degree, or a registered apprenticeship certificate of completion. See Florida Statutes 1004.02
  • Workforce literacy: means the basic skills necessary to perform in entry-level occupations or the skills necessary to adapt to technological advances in the workplace. See Florida Statutes 1004.02
  • Working family: means :
    (a) A single-parent family in which the parent with whom the child resides is employed or engaged in eligible work or education activities for at least 20 hours per week;
    (b) A two-parent family in which both parents with whom the child resides are employed or engaged in eligible work or education activities for a combined total of at least 40 hours per week; or
    (c) A two-parent family in which one of the parents with whom the child resides is exempt from work requirements due to age or disability, as determined and documented by a physician licensed under chapter 458 or chapter 459, and one parent is employed or engaged in eligible work or education activities at least 20 hours per week. See Florida Statutes 1002.81
  • 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
  • youth: means any person under the age of 18 or any person who is alleged to have committed a violation of law occurring prior to the time that person reached the age of 18 years. See Florida Statutes 985.03