Part I General Provisions 494.001 – 494.00296
Part II Mortgage Brokers 494.00312 – 494.0043
Part III Mortgage Lenders 494.00611 – 494.0077

Terms Used In Florida Statutes > Chapter 494

  • 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
  • Administrative assessment: means a review of conditions in a long-term care facility which impact the rights, health, safety, and welfare of residents with the purpose of noting needed improvement and making recommendations to enhance the quality of life for residents. See Florida Statutes 400.0060
  • Administrator: means the licensed individual who has the general administrative charge of a facility. See Florida Statutes 400.021
  • Administrator: means a direct employee, as defined in subsection (9), who is a licensed physician, physician assistant, or registered nurse licensed to practice in this state or an individual having at least 1 year of supervisory or administrative experience in home health care or in a facility licensed under chapter 395, under part II of this chapter, or under part I of chapter 429. See Florida Statutes 400.462
  • Admission: means a decision by the home health agency, during or after an evaluation visit to the patient's home, that there is reasonable expectation that the patient's medical, nursing, and social needs for skilled care can be adequately met by the agency in the patient's place of residence. See Florida Statutes 400.462
  • Advanced life support: means assessment or treatment by a person qualified under this part through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, cardiac defibrillation, and other techniques described in the EMT-Paramedic National Standard Curriculum or the National EMS Education Standards, pursuant to rules of the department. See Florida Statutes 401.23
  • Advanced life support service: means any emergency medical transport or nontransport service which uses advanced life support techniques. See Florida Statutes 401.23
  • Advanced practice registered nurse: means a person licensed in this state to practice professional nursing and certified in advanced or specialized nursing practice, as defined in…. See Florida Statutes 400.462
  • 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.
  • Agency: means the Agency for Health Care Administration. See Florida Statutes 400.960
  • Agency: means the Agency for Health Care Administration. See Florida Statutes 400.9905
  • Agency: means the Agency for Health Care Administration. See Florida Statutes 400.9971
  • Agency: means the Agency for Health Care Administration. See Florida Statutes 400.0060
  • Agency: means the Agency for Health Care Administration, which is the licensing agency under this part. See Florida Statutes 400.021
  • Agency: means the Agency for Health Care Administration. See Florida Statutes 400.462
  • 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
  • agent: means a person charged by the entity with the responsibility of navigating and operating the personal delivery device. See Florida Statutes 400.9983
  • Air ambulance: means any fixed-wing or rotary-wing aircraft used for, or intended to be used for, air transportation of sick or injured persons requiring or likely to require medical attention during transport. See Florida Statutes 401.23
  • Air ambulance service: means any publicly or privately owned service, licensed in accordance with the provisions of this part, which operates air ambulances to transport persons requiring or likely to require medical attention during transport. See Florida Statutes 401.23
  • Allegation: something that someone says happened.
  • Alteration: means any change or addition to the vertical conveyance other than maintenance, repair, or replacement. See Florida Statutes 493.631
  • Ambulance driver: means any person who meets the requirements of…. See Florida Statutes 401.23
  • 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.
  • Applicant: means an individual owner, corporation, partnership, firm, business, association, or other entity that owns or controls, directly or indirectly, 5 percent or more of an interest in the clinic and that applies for a clinic license. See Florida Statutes 400.9905
  • 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.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Autonomous vehicle: means any vehicle equipped with an automated driving system. See Florida Statutes 400.9983
  • 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.
  • 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.
  • Basic life support: means the assessment or treatment by a person qualified under this part through the use of techniques described in the EMT-Basic National Standard Curriculum or the National EMS Education Standards of the United States Department of Transportation and approved by the department. See Florida Statutes 401.23
  • Basic life support service: means any emergency medical service which uses only basic life support techniques. See Florida Statutes 401.23
  • 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
  • Bed reservation policy: means the number of consecutive days and the number of days per year that a resident may leave the nursing home facility for overnight therapeutic visits with family or friends or for hospitalization for an acute condition before the licensee may discharge the resident due to his or her absence from the facility. See Florida Statutes 400.021
  • 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.
  • Board: means the Board of Pilot Commissioners. See Florida Statutes 400.487
  • Board: means the Board of Nursing Home Administrators. See Florida Statutes 400.021
  • Borrower: means a person obligated to repay a mortgage loan and includes, but is not limited to, a coborrower or cosignor. See Florida Statutes 494.001
  • Branch manager: means the licensed loan originator in charge of, and responsible for, the operation of the branch office of a mortgage broker or mortgage lender. See Florida Statutes 494.001
  • Branch office: means a location, other than a mortgage broker's or mortgage lender's principal place of business:
    (a) The address of which appears on business cards, stationery, or advertising used by the licensee in connection with business conducted under this chapter;
    (b) At which the licensee's name, advertising or promotional materials, or signage suggests that mortgage loans are originated, negotiated, funded, or serviced; or
    (c) At which mortgage loans are originated, negotiated, funded, or serviced by a licensee. See Florida Statutes 494.001
  • Business purpose loan: means a mortgage loan, the proceeds of which the borrower intends to use primarily for a business purpose and not primarily for a personal, family, or household purpose. See Florida Statutes 494.001
  • certificate: means the document issued by the board under seal of the department to pilots. See Florida Statutes 400.487
  • Certificate of operation: means a document issued by the department which indicates that the conveyance has had the required safety inspection and tests and that fees have been paid as provided in this chapter. See Florida Statutes 493.631
  • Certification: means any authorization issued pursuant to this part to a person to act as an emergency medical technician or a paramedic. See Florida Statutes 401.23
  • Certified elevator inspector: is a natural person registered with and authorized by the division to construct, install, inspect, maintain, or repair any vertical conveyance, after having properly acquired the qualified elevator inspector credential as prescribed by the American Society of Mechanical Engineers. See Florida Statutes 493.631
  • Certified nursing assistant: means any person who has been issued a certificate under part II of chapter 464. See Florida Statutes 400.462
  • Chemical restraint: means a pharmacologic drug that physically limits, restricts, or deprives a person of movement or mobility, is used for client protection or safety, and is not required for the treatment of medical conditions or symptoms. See Florida Statutes 400.9971
  • Chief financial officer: means an individual who has at least a minimum of a bachelor's degree from an accredited university in accounting or finance, or a related field, and who is the person responsible for the preparation of a clinic's billing. See Florida Statutes 400.9905
  • 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 care: means the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care. See Florida Statutes 494.0075
  • Child care facility: includes any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. See Florida Statutes 494.0075
  • Child care personnel: means all owners, operators, employees, and volunteers working in a child care facility. See Florida Statutes 494.0075
  • Client: means any person determined by the Agency for Persons with Disabilities to be eligible for developmental services. See Florida Statutes 400.960
  • Client: means an elderly, handicapped, or convalescent individual who receives companion services or homemaker services in the individual's home or place of residence. See Florida Statutes 400.462
  • Clinic: means an entity where health care services are provided to individuals and which tenders charges for reimbursement for such services, including a mobile clinic and a portable equipment provider. See Florida Statutes 400.9905
  • Commission: means the Financial Services Commission. See Florida Statutes 494.001
  • commitment: means a statement by the lender setting forth the terms and conditions upon which the lender is willing to make a particular mortgage loan to a particular borrower. See Florida Statutes 494.001
  • 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.
  • 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.
  • Contract loan processor: means an individual who is licensed under part II of this chapter as a loan originator, who is an independent contractor for a mortgage broker or mortgage lender, and who engages only in loan processing. See Florida Statutes 494.001
  • Control person: means an individual, partnership, corporation, trust, or other organization that possesses the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. See Florida Statutes 494.001
  • 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 report: means any written, oral, or other information obtained from a consumer reporting agency as described in the federal Fair Credit Reporting Act, which bears on an individual's credit worthiness, credit standing, or credit capacity. See Florida Statutes 494.001
  • Credit score: means a score, grade, or value that is derived by using data from a credit report in any type of model, method, or program, whether electronically, in an algorithm, in a computer software or program, or by any other process for the purpose of grading or ranking credit report data. See Florida Statutes 494.001
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Department: means the Department of Children and Families. See Florida Statutes 400.925
  • Department: means the Department of Health. See Florida Statutes 400.9971
  • Department: means the Department of Health. See Florida Statutes 401.107
  • Department: means the Department of Health. See Florida Statutes 401.23
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 493.631
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 400.487
  • Department: means the Department of Children and Families. See Florida Statutes 494.0075
  • Department: means the Department of Elderly Affairs. See Florida Statutes 400.0060
  • Department: means the Department of Children and Families. See Florida Statutes 400.021
  • Department: means the Department of Children and Families. See Florida Statutes 400.462
  • Department: means the Department of Elderly Affairs. See Florida Statutes 400.601
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Direct employee: means an employee for whom one of the following entities pays withholding taxes: a home health agency; a management company that has a contract to manage the home health agency on a day-to-day basis; or an employee leasing company that has a contract with the home health agency to handle the payroll and payroll taxes for the home health agency. See Florida Statutes 400.462
  • Director of nursing: means a registered nurse who is a direct employee, as defined in subsection (9), of the agency and who is a graduate of an approved school of nursing and is licensed in this state; who has at least 1 year of supervisory experience as a registered nurse; and who is responsible for overseeing the professional nursing and home health aid delivery of services of the agency. See Florida Statutes 400.462
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District: means a geographical area designated by the state ombudsman in which individuals certified as ombudsmen carry out the duties of the State Long-Term Care Ombudsman Program. See Florida Statutes 400.0060
  • Division: means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. See Florida Statutes 493.631
  • Donor: The person who makes a gift.
  • Elevator: means one of the following mechanical devices:
    (a) A hoisting and lowering mechanism, equipped with a car and platform that moves in guide rails and serves two or more landings to transport material or passengers or both. See Florida Statutes 493.631
  • 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
  • Emergency medical services: means the activities or services to prevent or treat a sudden critical illness or injury and to provide emergency medical care and prehospital emergency medical transportation to sick, injured, or otherwise incapacitated persons in this state. See Florida Statutes 401.107
  • Emergency medical services organizations: means public or private entities involved in emergency medical services systems. See Florida Statutes 401.107
  • emergency medical services vehicle: means any privately or publicly owned land or water vehicle that is designed, constructed, reconstructed, maintained, equipped, or operated for, and is used for, or intended to be used for, land or water transportation of sick or injured persons requiring or likely to require medical attention during transport. See Florida Statutes 401.23
  • Emergency medical technician: means a person who is certified by the department to perform basic life support pursuant to this part. See Florida Statutes 401.23
  • 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.
  • 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
  • Facility: means any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide for a period exceeding 24-hour nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. See Florida Statutes 400.021
  • 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: means the value in arms length transactions, consistent with the price that an asset would bring as the result of bona fide bargaining between well-informed buyers and sellers who are not otherwise in a position to generate business for the other party, or the compensation that would be included in a service agreement as the result of bona fide bargaining between well-informed parties to the agreement who are not otherwise in a position to generate business for the other party, on the date of acquisition of the asset or at the time of the service agreement. See Florida Statutes 400.462
  • Family day care home: means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. See Florida Statutes 494.0075
  • 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 Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Financial audit report: means a report prepared in connection with a financial audit that is conducted in accordance with generally accepted auditing standards prescribed by the American Institute of Certified Public Accountants by a certified public accountant licensed to do business in the United States, and which must include:
    (a) Financial statements, including notes related to the financial statements and required supplementary information, prepared in conformity with United States generally accepted accounting principles. See Florida Statutes 494.001
  • 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 400.9983
  • 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
  • Geriatric outpatient clinic: means a site for providing outpatient health care to persons 60 years of age or older, which is staffed by a registered nurse, a physician assistant, or a licensed practical nurse under the direct supervision of a registered nurse, advanced practice registered nurse, physician assistant, or physician. See Florida Statutes 400.021
  • 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 health agency: means an organization that provides home health services and staffing services. See Florida Statutes 400.462
  • Home health agency personnel: means persons who are employed by or under contract with a home health agency and enter the home or place of residence of patients at any time in the course of their employment or contract. See Florida Statutes 400.462
  • Home health aide: means a person who is trained or qualified, as provided by rule, and who provides hands-on personal care, performs simple procedures as an extension of therapy or nursing services, assists in ambulation or exercises, or assists in administering medications as permitted in rule and for which the person has received training established by the agency under…. See Florida Statutes 400.462
  • Home health services: means health and medical services and medical supplies furnished by an organization to an individual in the individual's home or place of residence. See Florida Statutes 400.462
  • Home infusion therapy: means the administration of intravenous pharmacological or nutritional products to a patient in his or her home. See Florida Statutes 400.462
  • Home infusion therapy provider: means an organization that employs, contracts with, or refers a licensed professional who has received advanced training and experience in intravenous infusion therapy and who administers infusion therapy to a patient in the patient's home or place of residence. See Florida Statutes 400.462
  • 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 provider personnel: means persons who are employed by or under contract with a home medical equipment provider. 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
  • Homemaker: means a person who performs household chores that include housekeeping, meal planning and preparation, shopping assistance, and routine household activities for an elderly, handicapped, or convalescent individual. See Florida Statutes 400.462
  • 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
  • Immediate family member: means a husband or wife; a birth or adoptive parent, child, or sibling; a stepparent, stepchild, stepbrother, or stepsister; a father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law; a grandparent or grandchild; or a spouse of a grandparent or grandchild. See Florida Statutes 400.462
  • In-house loan processor: means an individual who is an employee of a mortgage broker or a mortgage lender who engages only in loan processing. See Florida Statutes 494.001
  • 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
  • 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.
  • Institutional investor: means a depository institution, real estate investment trust, insurance company, real estate company, accredited investor as defined in 17 C. See Florida Statutes 494.001
  • 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
  • Interfacility transfer: means the transportation by ambulance of a patient between two facilities licensed under chapter 393, chapter 395, chapter 400, or chapter 429, pursuant to this part. See Florida Statutes 401.23
  • 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.
  • Jurisdictional water management district: means the chapter 373 water management district or districts within which the lands encompassed by a water control district are located. See Florida Statutes 400.011
  • Large family child care home: means an occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises during the hours of operation. See Florida Statutes 494.0075
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensee: means any basic life support service, advanced life support service, or air ambulance service licensed pursuant to this part. See Florida Statutes 401.23
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan modification: means a modification to an existing loan. See Florida Statutes 494.001
  • Loan origination fee: means the total compensation from any source received by a mortgage broker acting as a loan originator. See Florida Statutes 494.001
  • Loan originator: means an individual who, directly or indirectly, solicits or offers to solicit a mortgage loan, accepts or offers to accept an application for a mortgage loan, negotiates or offers to negotiate the terms or conditions of a new or existing mortgage loan on behalf of a borrower or lender, or negotiates or offers to negotiate the sale of an existing mortgage loan to a noninstitutional investor for compensation or gain. See Florida Statutes 494.001
  • Local council: means a local long-term care ombudsman council designated by the ombudsman pursuant to…. See Florida Statutes 400.0060
  • Local licensing agency: means any agency or individual designated by the county to license child care facilities. See Florida Statutes 494.0075
  • Local ombudsman council: means a local long-term care ombudsman council established pursuant to…. See Florida Statutes 400.021
  • Lock-in agreement: means an agreement whereby the lender guarantees for a specified number of days or until a specified date the availability of a specified rate of interest or specified formula by which the rate of interest will be determined or specific number of discount points will be given, if the loan is approved and closed within the stated period of time. See Florida Statutes 494.001
  • Long-term care facility: means a nursing home facility, assisted living facility, adult family-care home, board and care facility, or any other similar residential adult care facility. See Florida Statutes 400.0060
  • Making a mortgage loan: means closing a mortgage loan in a person's name, advancing funds, offering to advance funds, or making a commitment to advance funds to an applicant for a mortgage loan. See Florida Statutes 494.001
  • Medical direction: means direct supervision by a physician through two-way voice communication or, when such voice communication is unavailable, through established standing orders, pursuant to rules of the department. See Florida Statutes 401.23
  • Medical director: means a physician who is employed or under contract with a clinic and who maintains a full and unencumbered physician license in accordance with chapter 458, chapter 459, chapter 460, or chapter 461. See Florida Statutes 400.9905
  • Medical director: means a physician who is employed or contracted by a licensee and who provides medical supervision, including appropriate quality assurance but not including administrative and managerial functions, for daily operations and training pursuant to this part. See Florida Statutes 401.23
  • Medical director: means a physician who is a volunteer with, or who receives remuneration from, a home health agency. See Florida Statutes 400.462
  • 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
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 88.6011
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mobile clinic: means a movable or detached self-contained health care unit within or from which direct health care services are provided to individuals and which otherwise meets the definition of a clinic in subsection (4). See Florida Statutes 400.9905
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage broker: means a person conducting loan originator activities through one or more licensed loan originators employed by the mortgage broker or as independent contractors to the mortgage broker. See Florida Statutes 494.001
  • Mortgage lender: means a person making a mortgage loan or servicing a mortgage loan for others, or, for compensation or gain, directly or indirectly, selling or offering to sell a mortgage loan to a noninstitutional investor. See Florida Statutes 494.001
  • Mortgage loan: means any:
    (a) Residential loan primarily for personal, family, or household use which is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling, as defined in…. See Florida Statutes 494.001
  • Mortgage loan application: means the submission of a borrower's financial information in anticipation of a credit decision, which includes the borrower's name, the borrower's monthly income, the borrower's social security number to obtain a credit report, the property address, an estimate of the value of the property, the mortgage loan amount sought, and any other information deemed necessary by the loan originator. See Florida Statutes 494.001
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • 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
  • Net worth: means total assets minus total liabilities pursuant to United States generally accepted accounting principles. See Florida Statutes 494.001
  • nighttime: means at any other hour. See Florida Statutes 400.9983
  • 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.
  • Noninstitutional investor: means an investor other than an institutional investor. See Florida Statutes 494.001
  • Nurse registry: means any person that procures, offers, promises, or attempts to secure health-care-related contracts for registered nurses, licensed practical nurses, certified nursing assistants, home health aides, companions, or homemakers, who are compensated by fees as independent contractors, including, but not limited to, contracts for the provision of services to patients and contracts to provide private duty or staffing services to health care facilities licensed under chapter 395, this chapter, or chapter 429 or other business entities. See Florida Statutes 400.462
  • Nursing home bed: means an accommodation which is ready for immediate occupancy, or is capable of being made ready for occupancy within 48 hours, excluding provision of staffing; and which conforms to minimum space requirements, including the availability of appropriate equipment and furnishings within the 48 hours, as specified by rule of the agency, for the provision of services specified in this part to a single resident. See Florida Statutes 400.021
  • Nursing home facility: means any facility which provides nursing services as defined in part I of chapter 464 and which is licensed according to this part. See Florida Statutes 400.021
  • oath: includes affirmations. See Florida Statutes 88.6011
  • 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.
  • Office: means the Office of the State Long-Term Care Ombudsman Program created by…. See Florida Statutes 400.0060
  • Office: means the Office of Financial Regulation. See Florida Statutes 494.001
  • 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 88.6011
  • Ombudsman: means an individual who has been certified by the state ombudsman as meeting the requirements of ss. See Florida Statutes 400.0060
  • Organization: means a corporation, government or governmental subdivision or agency, partnership or association, or any other legal or commercial entity, any of which involve more than one health care professional discipline; a health care professional and a home health aide or certified nursing assistant; more than one home health aide; more than one certified nursing assistant; or a home health aide and a certified nursing assistant. See Florida Statutes 400.462
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the owner of the freehold estate, subject to assessment pursuant to this chapter, as appears by the deed record. See Florida Statutes 400.011
  • Owner or operator: means a licensee. See Florida Statutes 400.902
  • Paramedic: means a person who is certified by the department to perform basic and advanced life support pursuant to this part. See Florida Statutes 401.23
  • 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 any person who uses home medical equipment in his or her place of residence. See Florida Statutes 400.925
  • Patient: means any person who receives home health services in his or her home or place of residence. See Florida Statutes 400.462
  • Patient: means the terminally ill individual receiving hospice services. See Florida Statutes 400.601
  • Permit: means any authorization issued pursuant to this part for a vehicle to be operated as a basic life support or advanced life support transport vehicle or an advanced life support nontransport vehicle providing basic or advanced life support. See Florida Statutes 401.23
  • Person: means any individual, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity of any kind whatsoever. See Florida Statutes 403.08852
  • 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 88.6011
  • Personal care: means assistance to a patient in the activities of daily living, such as dressing, bathing, eating, or personal hygiene, and assistance in physical transfer, ambulation, and in administering medications as permitted by rule. See Florida Statutes 400.462
  • Personal property: All property that is not real property.
  • Physical restraint: means a manual method to restrict freedom of movement of or normal access to a person's body, or a physical or mechanical device, material, or equipment attached or adjacent to the person's body that the person cannot easily remove and that restricts freedom of movement of or normal access to the person's body, including, but not limited to, a half-bed rail, a full-bed rail, a geriatric chair, or a Posey restraint. See Florida Statutes 400.9971
  • Physician: means a practitioner who is licensed under the provisions of chapter 458 or chapter 459. See Florida Statutes 401.23
  • Physician: means a person licensed under chapter 458, chapter 459, chapter 460, or chapter 461. See Florida Statutes 400.462
  • Physician assistant: means a person who is a graduate of an approved program or its equivalent, or meets standards approved by the boards, and is licensed to perform medical services delegated by the supervising physician, as defined in…. See Florida Statutes 400.462
  • Pilot: means a licensed state pilot or a certificated deputy pilot. See Florida Statutes 400.487
  • Pilotage: means the compensation fixed by the Pilotage Rate Review Committee which is payable by a vessel, its owners, agents, charterers, or consignees to one or more pilots in the port where piloting is performed. See Florida Statutes 400.487
  • Piloting: means the acts of pilots in conducting vessels through the pilotage waters of the state. See Florida Statutes 400.487
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
  • 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 88.6011
  • Port: means any place in the state into which vessels enter or depart and includes, without limitation, Fernandina, Nassau Inlet, Jacksonville, St. See Florida Statutes 400.487
  • Portable equipment provider: means an entity that contracts with or employs persons to provide portable equipment to multiple locations performing treatment or diagnostic testing of individuals, that bills third-party payors for those services, and that otherwise meets the definition of a clinic in subsection (4). See Florida Statutes 400.9905
  • 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
  • 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.
  • 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
  • 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.
  • Principal loan originator: means the licensed loan originator in charge of, and responsible for, the operation of a mortgage lender or mortgage broker, including all of the activities of the mortgage lender's or mortgage broker's loan originators, in-house loan processors, and branch managers, whether employees or independent contractors. See Florida Statutes 494.001
  • Principal place of business: means a mortgage broker's or mortgage lender's primary business office, the street address, or physical location that is designated on the application for licensure or any amendment to such application. See Florida Statutes 494.001
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Real Estate Settlement Procedures Act: Federal law that, among other things, requires lenders to provide "good faith" estimates of settlement costs and make other disclosures regarding the mortgage loan. RESPA also limits the amount of funds held in escrow for real estate taxes and insurance. Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registered loan originator: means a loan originator who is employed by a depository institution, by a subsidiary that is owned and controlled by a depository institution and regulated by a federal banking agency, or by an institution regulated by the Farm Credit Administration, and who is registered with and maintains a unique identifier through the registry. See Florida Statutes 494.001
  • Registered nurse: means a practitioner who is licensed to practice professional nursing pursuant to part I of chapter 464. See Florida Statutes 401.23
  • Registry: means the Nationwide Mortgage Licensing System and Registry, which is the mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of loan originators. See Florida Statutes 494.001
  • Relative: means any of the following, whether by the full or half blood or by adoption:
    (a) A person's spouse, father, mother, children, brothers, and sisters. See Florida Statutes 494.001
  • 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.
  • Remuneration: means any payment or other benefit made directly or indirectly, overtly or covertly, in cash or in kind. See Florida Statutes 400.462
  • 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).
  • Representative of the State Long-Term Care Ombudsman Program: means the state ombudsman, an employee of the state or district office certified as an ombudsman, or an individual certified as an ombudsman serving on the state or a local council. See Florida Statutes 400.0060
  • 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
  • Resident: means an individual 18 years of age or older who resides in a long-term care facility. See Florida Statutes 400.0060
  • Resident care plan: means a written plan developed, maintained, and reviewed not less than quarterly by a registered nurse, with participation from other facility staff and the resident or his or her designee or legal representative, which includes a comprehensive assessment of the needs of an individual resident; the type and frequency of services required to provide the necessary care for the resident to attain or maintain the highest practicable physical, mental, and psychosocial well-being; a listing of services provided within or outside the facility to meet those needs; and an explanation of service goals. See Florida Statutes 400.021
  • Resident designee: means a person, other than the owner, administrator, or employee of the facility, designated in writing by a resident or a resident's guardian, if the resident is adjudicated incompetent, to be the resident's representative for a specific, limited purpose. See Florida Statutes 400.021
  • Respite care: means admission to a nursing home for the purpose of providing a short period of rest or relief or emergency alternative care for the primary caregiver of an individual receiving care at home who, without home-based care, would otherwise require institutional care. See Florida Statutes 400.021
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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 400.9983
  • Rural emergency medical services: means emergency medical services in a county with a total population of 100,000 or fewer people and density of less than 100 people per square mile. See Florida Statutes 401.107
  • Satellite office: means a secondary office of a nurse registry established pursuant to…. See Florida Statutes 400.462
  • school: includes all preelementary, elementary, secondary, and postsecondary schools. See Florida Statutes 400.9983
  • Screening: means the act of assessing the background of child care personnel, in accordance with state and federal law, and volunteers and includes, but is not limited to:
    (a) Employment history checks, including documented attempts to contact each employer that employed the applicant within the preceding 5 years and documentation of the findings. See Florida Statutes 494.0075
  • 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
  • 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 400.9971
  • Secretary: means the Secretary of Children and Families. See Florida Statutes 494.0075
  • Secretary: means the Secretary of Elderly Affairs. See Florida Statutes 400.0060
  • Service location: means any permanent location in or from which a licensee solicits, accepts, or conducts business under this part. See Florida Statutes 401.23
  • Service maintenance contract: means a contract that provides for routine examination, lubrication, cleaning, adjustment, replacement of parts, and performance of applicable code-required safety tests such as on a traction elevator and annual relief pressure test on a hydraulic elevator and any other service, repair, and maintenance sufficient to ensure the safe operation of the elevator. See Florida Statutes 493.631
  • Service of process: The service of writs or summonses to the appropriate party.
  • Servicing a mortgage loan: means to receive, cause to be received, or transferred for another, installment payments of principal, interest, or other payments pursuant to a mortgage loan. See Florida Statutes 494.001
  • Servicing endorsement: means authorizing a mortgage lender to service a loan for more than 4 months. See Florida Statutes 494.001
  • 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.
  • sitter: means a person who spends time with or cares for an elderly, handicapped, or convalescent individual and accompanies such individual on trips and outings and may prepare and serve meals to such individual. See Florida Statutes 400.462
  • Skilled care: means nursing services or therapeutic services required by law to be delivered by a health care professional who is licensed under part I of chapter 464; part I, part III, or part V of chapter 468; or chapter 486 and who is employed by or under contract with a licensed home health agency or is referred by a licensed nurse registry. See Florida Statutes 400.462
  • Staffing services: means services provided to a health care facility, school, or other business entity on a temporary or school-year basis pursuant to a written contract by licensed health care personnel and by certified nursing assistants and home health aides who are employed by, or work under the auspices of, a licensed home health agency or who are registered with a licensed nurse registry. See Florida Statutes 400.462
  • State council: means the State Long-Term Care Ombudsman Council created by…. See Florida Statutes 400.0060
  • State ombudsman: means the State Long-Term Care Ombudsman, who is the individual appointed by the Secretary of Elderly Affairs to head the State Long-Term Care Ombudsman Program. See Florida Statutes 400.0060
  • State ombudsman program: means the State Long-Term Care Ombudsman Program operating under the direction of the State Long-Term Care Ombudsman. See Florida Statutes 400.0060
  • 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 duces tecum: A command to a witness to produce documents.
  • Substantial fault of the borrower: means that the borrower:
    (a) Failed to provide information or documentation required by the lender or broker in a timely manner;
    (b) Provided information, in the application or subsequently, which upon verification proved to be significantly inaccurate, causing the need for review or further investigation by the lender or broker;
    (c) Failed to produce by the date specified by the lender all documentation specified in the commitment or closing instructions as being required for closing; or
    (d) Failed to be ready, willing, or able to close the loan by the date specified by the lender or broker. See Florida Statutes 494.001
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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.
  • 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
  • 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.
  • Transitional living facility: means a site where specialized health care services are provided to persons who have brain or spinal cord injuries, including, but not limited to, rehabilitative services, behavior modification, community reentry training, aids for independent living, and counseling. See Florida Statutes 400.9971
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Ultimate equitable owner: means an individual who, directly or indirectly, owns or controls an ownership interest in a corporation, a foreign corporation, an alien business organization, or any other form of business organization, regardless of whether the individual owns or controls such interest through one or more individuals or one or more proxies, powers of attorney, nominees, corporations, associations, partnerships, trusts, joint stock companies, or other entities or devices, or any combination thereof. See Florida Statutes 494.001
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See Florida Statutes 400.487
  • 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 88.6011
  • Water control plan: means the comprehensive operational document that describes the activities and improvements to be conducted by a water control district authorized under this chapter and includes any district "plan of reclamation" "water management plan" or "plan of improvement" that details the system of water management improvements implemented by a water control district. See Florida Statutes 400.011
  • 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 88.6011