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
• Agriculture: means the science and art of production of plants and animals useful to humans, including to a variable extent the preparation of these products for human use and their disposal by marketing or otherwise, and includes aquaculture, horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bees, and any and all forms of farm products and farm production. See Florida Statutes 570.02
• 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 Business and Professional Regulation. See Florida Statutes 469.001
• Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 570.02
• Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 571.03
• 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
• 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.
• Fraud: Intentional deception resulting in injury to another.
• 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: means an individual, firm, partnership, corporation, association, business, trust, legal representative, or any other business unit. See Florida Statutes 571.03
• 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
• 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