Terms Used In Florida Statutes > Chapter 493 > Part IV - Repossession Services

• Accrediting organization: means an organization whose standards incorporate licensure regulations required by this state. See Florida Statutes 400.925
• Active treatment: means the provision of services by an interdisciplinary team which are necessary to maximize a client's individual independence or prevent regression or loss of functional status. See Florida Statutes 400.960
• Agency: means the Agency for Health Care Administration. See Florida Statutes 400.601
• Agency: means the Agency for Health Care Administration. See Florida Statutes 400.902
• Agency: means the Agency for Health Care Administration. See Florida Statutes 400.925
• Agency: means the Agency for Health Care Administration. See Florida Statutes 400.960
• agent: means a person charged by the entity with the responsibility of navigating and operating the personal delivery device. See Florida Statutes 316.003
• 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.
• 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.
• Autonomous vehicle: means any vehicle equipped with an automated driving system. See Florida Statutes 316.003
• Basic services: includes , but is not limited to, development, implementation, and monitoring of a comprehensive protocol of care, developed in conjunction with the parent or guardian, which specifies the medical, nursing, psychosocial, and developmental therapies required by the medically dependent or technologically dependent child served as well as the caregiver training needs of the child's legal guardian. See Florida Statutes 400.902
• Client: means any person determined by the Agency for Persons with Disabilities to be eligible for developmental services. See Florida Statutes 400.960
• 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.
• corporate sponsorship: means a payment, donation, gratuity, in-kind service, or other benefit provided to or derived by a person in relation to the underlying activity, other than the display of product or corporate names, logos, or other graphic information on the property being transported. See Florida Statutes 316.003
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Elderly Affairs. See Florida Statutes 400.601
• Department: means the Department of Children and Families. See Florida Statutes 400.925
• Dependent: A person dependent for support upon another.
• Dynamic driving task: means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic within its specific operational design domain, if any, excluding strategic functions such as trip scheduling and selection of destinations and waypoints. See Florida Statutes 316.003
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Fully autonomous vehicle: means a vehicle equipped with an automated driving system designed to function without a human operator. See Florida Statutes 316.003
• General manager: means the individual who has the general administrative charge of the premises of a licensed home medical equipment provider. See Florida Statutes 400.925
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• Home medical equipment: includes any product as defined by the Food and Drug Administration's Federal Food, Drug, and Cosmetic Act, any products reimbursed under the Medicare Part B Durable Medical Equipment benefits, or any products reimbursed under the Florida Medicaid durable medical equipment program. See Florida Statutes 400.925
• Home medical equipment provider: means any person or entity that sells or rents or offers to sell or rent to or for a consumer:
  (a) Any home medical equipment and services; or
  (b) Home medical equipment that requires any home medical equipment services. See Florida Statutes 400.925
• Home medical equipment services: means equipment management and consumer instruction, including selection, delivery, setup, and maintenance of equipment, and other related services for the use of home medical equipment in the consumer's regular or temporary place of residence. See Florida Statutes 400.925
• Hospice: means a centrally administered corporation or a limited liability company that provides a continuum of palliative and supportive care for the terminally ill patient and his or her family. See Florida Statutes 400.601
• Hospice care team: means an interdisciplinary team of qualified professionals and volunteers who, in consultation with the patient, the patient's family, and the patient's primary or attending physician, collectively assess, coordinate, and provide the appropriate palliative and supportive care to hospice patients and their families. See Florida Statutes 400.601
• Hospice residential unit: means a homelike living facility, other than a facility licensed under other parts of this chapter, under chapter 395, or under chapter 429, that is operated by a hospice for the benefit of its patients and is considered by a patient who lives there to be his or her primary residence. See Florida Statutes 400.601
• Hospice services: means items and services furnished to a patient and family by a hospice, or by others under arrangements with such a program, in a place of temporary or permanent residence used as the patient's home for the purpose of maintaining the patient at home; or, if the patient needs short-term institutionalization, the services shall be furnished in cooperation with those contracted institutions or in the hospice inpatient facility. See Florida Statutes 400.601
• 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}
• Intermediate care facility for the developmentally disabled: means a residential facility licensed and certified in accordance with state law, and certified by the Federal Government, pursuant to the Social Security Act, as a provider of Medicaid services to persons who have developmental disabilities. See Florida Statutes 400.960
• 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}
• Life-supporting or life-sustaining equipment: means a device that is essential to, or that yields information that is essential to, the restoration or continuation of a bodily function important to the continuation of human life. See Florida Statutes 400.925
• Medical records: means medical records maintained in accordance with accepted professional standards and practices as specified in the rules implementing this part. See Florida Statutes 400.902
• Medically dependent or technologically dependent child: means a child who because of a medical condition requires continuous therapeutic interventions or skilled nursing supervision which must be prescribed by a licensed physician and administered by, or under the direct supervision of, a licensed registered nurse. See Florida Statutes 400.902
• minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
• Moratorium: means a mandated temporary cessation or suspension of the sale, rental, or offering of equipment after the imposition of the moratorium, in accordance with part II of chapter 408. See Florida Statutes 400.925
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• 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.
• Operational design domain: means a description of the specific operating domain in which an automated driving system is designed to properly operate, including, but not limited to, roadway types, speed ranges, environmental conditions such as weather and time of day, and other domain constraints. See Florida Statutes 316.003
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner or operator: means a licensee. See Florida Statutes 400.902
• 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 the terminally ill individual receiving hospice services. See Florida Statutes 400.601
• patient: means any person who uses home medical equipment in his or her place of residence. See Florida Statutes 400.925
• Person: means any individual, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity of any kind whatsoever. See Florida Statutes 316.193
• 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.
• Plan of care: means a written assessment by the hospice of each patient's and family's needs and preferences, and the services to be provided by the hospice to meet those needs. See Florida Statutes 400.601
• 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
• 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}
• PPEC center: means any building or buildings, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide basic nonresidential services to three or more medically dependent or technologically dependent children who are not related to the owner or operator by blood, marriage, or adoption and who require such services. See Florida Statutes 400.902
• Premises: means those buildings and equipment which are located at the address of the licensed home medical equipment provider for the provision of home medical equipment services, which are in such reasonable proximity as to appear to the public to be a single provider location, and which comply with zoning ordinances. See Florida Statutes 400.925
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Quorum: The number of legislators that must be present to do business.
• remote human operator: means a natural person who is not physically present in a vehicle equipped with an automated driving system who engages or monitors the vehicle from a remote location. See Florida Statutes 316.003
• Residence: means the consumer's home or place of residence, which may include nursing homes, assisted living facilities, transitional living facilities, adult family-care homes, or other congregate residential facilities. See Florida Statutes 400.925
• Restraint: means a physical device, method, or drug used to control behavior. See Florida Statutes 400.960
• roadway: refers to any such roadway separately, but not to all such roadways collectively. See Florida Statutes 316.003
• school: includes all preelementary, elementary, secondary, and postsecondary schools. See Florida Statutes 316.003
• Seclusion: means the physical segregation of a person in any fashion or the involuntary isolation of a person in a room or area from which the person is prevented from leaving. See Florida Statutes 400.960
• 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.
• Terminally ill: means that the patient has a medical prognosis that his or her life expectancy is 1 year or less if the illness runs its normal course. See Florida Statutes 400.601
• 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.
• Trustee: A person or institution holding and administering property in trust.
• 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
• 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