Terms Used In Florida Statutes > Chapter 469 - Asbestos Abatement

• Abatement: means the removal, encapsulation, enclosure, or disposal of asbestos. See Florida Statutes 469.001
• 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.
• Agricultural product: includes any fresh or processed horticultural, aquacultural, viticultural, dairy, poultry, apicultural, or other farm or garden product. See Florida Statutes 571.03
• AHERA: means the Asbestos Hazard Emergency Response Act of 1986, 15 U. See Florida Statutes 469.001
• Asbestos: means the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite. See Florida Statutes 469.001
• Asbestos consultant: means a person who offers to, undertakes to, submits a bid to, or does, individually or by employing others, conduct surveys for asbestos-containing materials, develop operation and maintenance plans, monitor and evaluate asbestos abatement, prepare asbestos abatement specifications, or perform related tasks. See Florida Statutes 469.001
• Asbestos contractor: means the person who is qualified and responsible for the contracted project and who offers to, undertakes to, submits a bid to, or does, individually or by employing others, remove, encapsulate, or enclose asbestos-containing materials or dispose of asbestos-containing waste in the course of activities including, but not limited to, construction, renovation, maintenance, or demolition. See Florida Statutes 469.001
• Asbestos-containing material: means any material which contains more than 1 percent asbestos as determined by polarized light microscopy. See Florida Statutes 469.001
• ASHARA: means the Asbestos School Hazard Reauthorization Act. See Florida Statutes 469.001
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 571.03
• Department: means the Department of Business and Professional Regulation. See Florida Statutes 469.001
• Encapsulation: means the application of any coating to asbestos-containing material to prevent fiber release. See Florida Statutes 469.001
• Enclosure: means the construction of an airtight barrier around asbestos-containing material to prevent fiber release. See Florida Statutes 469.001
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• NESHAP: means the National Emission Standards for Hazardous Air Pollutants, 40 C. See Florida Statutes 469.001
• NIOSH: means the National Institute for Occupational Safety and Health. See Florida Statutes 469.001
• 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.
• Onsite roofing supervisor: means a person who works under the direction of a roofing contractor certified pursuant to part I of chapter 489 and provides supervision of removal of asbestos-containing roofing materials at the project site at all times when such activities are being performed. See Florida Statutes 469.001
• Onsite supervisor: means a person who works under the direction of a licensed asbestos contractor and provides supervision of abatement activities at the abatement project site at all times when such activities are being performed. See Florida Statutes 469.001
• Operation and maintenance plan: means a set of work practices and procedures undertaken to clean up previously released asbestos fibers, prevent future release of fibers by minimizing disturbance or damage to asbestos-containing materials, or monitor the condition of the asbestos-containing materials. See Florida Statutes 469.001
• OSHA: means the Occupational Safety and Health Administration. See Florida Statutes 469.001
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: 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 an individual, firm, partnership, corporation, association, business, trust, legal representative, or any other business unit. See Florida Statutes 571.03
• 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
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Project designer: means a person who works under the direction of a licensed asbestos consultant and engages in the design of project specifications for asbestos abatement projects. See Florida Statutes 469.001
• Reproduce: means to stencil, emboss, print, engrave, impress, imprint, lithograph, or duplicate in any manner or to cause any such acts to be done. See Florida Statutes 571.03
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Seal of quality: means any word, device, emblem, or symbol adopted by the department for the purpose of identifying and promoting the sale of high-quality agricultural products produced in Florida. See Florida Statutes 571.03
• Survey: means the process of inspecting a facility for the presence of asbestos-containing materials to determine the location and condition of asbestos-containing materials prior to transfer of property, renovation, demolition, or maintenance projects which may disturb asbestos-containing materials. See Florida Statutes 469.001
• Training-course provider: means an entity or any of its agents engaged in providing training courses required by this chapter. See Florida Statutes 469.001
• Trustee: A person or institution holding and administering property in trust.
• 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