Terms Used In Florida Statutes > Chapter 443

• Able to work: means physically and mentally capable of performing the duties of the occupation in which work is being sought. See Florida Statutes 443.036
• 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.
• Agricultural labor: means any remunerated service performed:
  (a) On a farm, in the employ of any person, in connection with cultivating the soil or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife. See Florida Statutes 443.036
• 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.
• American aircraft: means an aircraft registered under the laws of the United States. See Florida Statutes 443.036
• American employer: means :
  (a) An individual who is a resident of the United States. See Florida Statutes 443.036
• American vessel: means any vessel documented or numbered under the laws of the United States. See Florida Statutes 443.036
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Available for work: means actively seeking and being ready and willing to accept suitable work. See Florida Statutes 443.036
• 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.
• Base period: means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year. See Florida Statutes 443.036
• 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}
• Benefit year: means , for an individual, the 1-year period beginning with the first day of the first week for which the individual first files a valid claim for benefits and, thereafter, the 1-year period beginning with the first day of the first week for which the individual next files a valid claim for benefits after the termination of his or her last preceding benefit year. See Florida Statutes 443.036
• Benefits: means the money payable to an individual, as provided in this chapter, for his or her unemployment. See Florida Statutes 443.036
• Calendar quarter: means each period of 3 consecutive calendar months ending on March 31, June 30, September 30, and December 31 of each year. See Florida Statutes 443.036
• Casual labor: means labor that is occasional, incidental, or irregular, not exceeding 200 person-hours in total duration. See Florida Statutes 443.036
• 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.
• client: means a party who has contracted with an employee leasing company to provide a worker, or workers, to perform services for the client. See Florida Statutes 443.036
• Commission: means the Reemployment Assistance Appeals Commission. See Florida Statutes 443.036
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Contributing employer: means an employer who is liable for contributions under this chapter. See Florida Statutes 443.036
• Contribution: means a payment of payroll tax to the Unemployment Compensation Trust Fund which is required under this chapter to finance reemployment assistance benefits. See Florida Statutes 443.036
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
• Crew leader: means an individual who:
  (a) Furnishes individuals to perform service in agricultural labor for another person. See Florida Statutes 443.036
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Director: means the Director of the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. See Florida Statutes 509.013
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. See Florida Statutes 509.013
• duration: means the period of time from the commencement to the completion of the particular job or project. See Florida Statutes 443.036
• Earned income: means gross remuneration derived from work, professional service, or self-employment. See Florida Statutes 443.036
• Educational institution: means an institution, except for an institution of higher education:
  (a) In which participants, trainees, or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes, or abilities from, by, or under the guidance of, an instructor or teacher;
  (b) That is approved, licensed, or issued a permit to operate as a school by the Department of Education or other governmental agency that is authorized within the state to approve, license, or issue a permit for the operation of a school; and
  (c) That offers courses of study or training which are academic, technical, trade, or preparation for gainful employment in a recognized occupation. See Florida Statutes 443.036
• 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}
• Employee leasing company: means an employing unit that has a valid and active license under chapter 468 and that maintains the records required by…. See Florida Statutes 443.036
• Employer: means an employing unit subject to this chapter under…. See Florida Statutes 443.036
• Employing unit: means an individual or type of organization, including a partnership, limited liability company, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign; the receiver, trustee in bankruptcy, trustee, or successor of any of the foregoing; or the legal representative of a deceased person, which has or had in its employ one or more individuals performing services for it within this state. See Florida Statutes 443.036
• Employment: means a service subject to this chapter under…. See Florida Statutes 443.036
• 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}
• 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.
• 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 Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}
• Farm: includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. See Florida Statutes 443.036
• Felony: A crime carrying a penalty of more than a year in prison.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Unemployment Compensation Trust Fund created under this chapter, into which all contributions and reimbursements required under this chapter are deposited and from which all benefits provided under this chapter are paid. See Florida Statutes 443.036
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guest: means any patron, customer, tenant, lodger, boarder, or occupant of a public lodging establishment or public food service establishment. See Florida Statutes 509.013
• 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.
• High quarter: means the quarter in an individual's base period in which the individual has the greatest amount of wages paid, regardless of the number of employers paying wages in that quarter. See Florida Statutes 443.036
• Hospital: means an institution that is licensed, certified, or approved by the Agency for Health Care Administration as a hospital. See Florida Statutes 443.036
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institution of higher education: means an educational institution that:
  (a) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of a certificate of graduation;
  (b) Is legally authorized in this state to provide a program of education beyond high school;
  (c) Provides an educational program for which it awards a bachelor's or higher degree, or provides a program that is acceptable for full credit toward a bachelor's or higher degree; a program of postgraduate or postdoctoral studies; or a program of training to prepare students for gainful employment in a recognized occupation; and
  (d) Is a public or other nonprofit institution. See Florida Statutes 443.036
• Insured work: means employment for employers. See Florida Statutes 443.036
• 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}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Leave of absence: means a temporary break in service to an employer, for a specified period of time, during which the employing unit guarantees the same or a comparable position to the worker at the expiration of the leave. See Florida Statutes 443.036
• Lien: A claim against real or personal property in satisfaction of a debt.
• Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
• Monetary determination: means a determination of whether and in what amount a claimant is eligible for benefits based on the claimant's employment during the base period of the claim. See Florida Statutes 443.036
• 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.
• Nonmonetary determination: means a determination of the claimant's eligibility for benefits based on an issue other than monetary entitlement and benefit overpayment. See Florida Statutes 443.036
• 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.
• One-stop career center: means a service site established and maintained as part of the one-stop delivery system under…. See Florida Statutes 443.036
• Operator: means the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public lodging establishment or public food service establishment. See Florida Statutes 509.013
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Pay period: means a period of 31 or fewer consecutive days for which a payment or remuneration is ordinarily made to the employee by the person employing him or her. See Florida Statutes 443.036
• 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
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• political subdivision: 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public employer: means :
  (a) A state agency or political subdivision of the state;
  (b) An instrumentality that is wholly owned by one or more state agencies or political subdivisions of the state; or
  (c) An instrumentality that is wholly owned by one or more state agencies, political subdivisions, or instrumentalities of the state and one or more state agencies or political subdivisions of one or more other states. See Florida Statutes 443.036
• Public food service establishment: means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption. See Florida Statutes 509.013
• Public lodging establishment: includes a transient public lodging establishment as defined in subparagraph 1. See Florida Statutes 509.013
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonable assurance: means a written or verbal agreement, an agreement between an employer and a worker understood through tradition within the trade or occupation, or an agreement defined in an employer's policy. See Florida Statutes 443.036
• Recess: A temporary interruption of the legislative business.
• Reemployment assistance: means cash benefits payable to individuals with respect to their unemployment pursuant to the provisions of this chapter. See Florida Statutes 443.036
• registered mail: include certified mail with return receipt requested. See Florida Statutes 1.01
• Reimbursement: means a payment of money to the Unemployment Compensation Trust Fund in lieu of a contribution which is required under this chapter to finance reemployment assistance benefits. See Florida Statutes 443.036
• Reimbursing employer: means an employer who is liable for reimbursements in lieu of contributions under this chapter. See Florida Statutes 443.036
• 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.
• service provider: means the state agency providing reemployment assistance tax collection services under contract with the Department of Economic Opportunity through an interagency agreement pursuant to…. See Florida Statutes 443.036
• 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.
• State: includes the states of the United States, the District of Columbia, Canada, the Commonwealth of Puerto Rico, and the Virgin Islands. See Florida Statutes 443.036
• State law: means the unemployment insurance law of any state, approved by the United States Secretary of Labor under…. See Florida Statutes 443.036
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Temporary layoff: means a job separation due to lack of work which does not exceed 8 consecutive weeks and which has a fixed or approximate return-to-work date. See Florida Statutes 443.036
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transient occupancy: means occupancy when it is the intention of the parties that the occupancy will be temporary. See Florida Statutes 509.013
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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.
• unemployed: means :
  (a) An individual is "totally unemployed" in any week during which he or she does not perform any services and for which earned income is not payable to him or her. See Florida Statutes 443.036
• 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.
• Wages: means remuneration subject to this chapter under…. See Florida Statutes 443.036
• Week: means a period of 7 consecutive days as defined in the rules of the Department of Economic Opportunity. See Florida Statutes 443.036
• 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