§ 497.260 Cemeteries; exemption; investigation and mediation
§ 497.261 Existing companies, effect of this chapter
§ 497.262 Duty of care and maintenance of licensed cemetery
§ 497.263 Cemetery companies; license required; licensure requirements and procedures
§ 497.264 License not assignable or transferable
§ 497.265 Annual license fees
§ 497.266 Care and maintenance trust fund; remedy of department for noncompliance
§ 497.267 Disposition of withdrawals from the care and maintenance trust fund; notice to purchasers and depositors
§ 497.2675 Withdrawal methods from the care and maintenance trust fund
§ 497.268 Care and maintenance trust fund, percentage of payments for burial rights to be deposited
§ 497.269 Care and maintenance trust fund; financial reports
§ 497.270 Minimum acreage; sale or disposition of cemetery lands
§ 497.271 Standards for construction and significant alteration or renovation of mausoleums and columbaria
§ 497.272 Construction of mausoleums, columbaria, and belowground crypts; preconstruction trust fund; compliance requirement
§ 497.273 Cemetery companies; authorized functions
§ 497.274 Standards for grave spaces
§ 497.276 Records
§ 497.2765 Recording purchase of burial rights
§ 497.277 Other charges
§ 497.278 Monuments; installation fees
§ 497.280 Illegal tying arrangements
§ 497.281 Licensure of brokers of burial rights
§ 497.282 Disclosure of information to public
§ 497.283 Prohibition on sale of personal property or services
§ 497.284 Abandoned cemeteries; immunity; actions
§ 497.285 Inactive cemeteries
§ 497.286 Owners to provide addresses; presumption of abandonment; abandonment procedures; sale of abandoned unused burial rights
§ 497.287 Report of identification of exempt cemeteries

Terms Used In Florida Statutes > Chapter 497 > Part II

  • Administrative Procedures Committee: means a committee 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
  • 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.
  • agent: means a person charged by the entity with the responsibility of navigating and operating the personal delivery device. See Florida Statutes 400.9983
  • 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.
  • 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
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • 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 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.
  • Bank of belowground crypts: means any construction unit of belowground crypts that is acceptable to the department and that a cemetery uses to initiate its belowground crypt program or to add to existing belowground crypt structures. See Florida Statutes 497.005
  • 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.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Belowground crypts: consist of interment space in preplaced chambers, either side by side or multiple depth, covered by earth and sod and known also as "lawn crypts" "westminsters" or "turf-top crypts. See Florida Statutes 497.005
  • Bequest: Property gifted by will.
  • Biological waste: means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. See Florida Statutes 403.703
  • Biomedical waste: means any solid waste or liquid waste that may present a threat of infection to humans. See Florida Statutes 403.703
  • Board: means the Board of Funeral, Cemetery, and Consumer Services. See Florida Statutes 497.005
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • Burial right: means the right to use a grave space, mausoleum, columbarium, ossuary, or scattering garden for the interment, entombment, inurnment, or other disposition of human remains or cremated remains. See Florida Statutes 497.005
  • Care and maintenance: means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments in a well-cared-for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community. See Florida Statutes 497.005
  • Casket: means a rigid container that is designed for the encasement of human remains and that is usually constructed of wood or metal, ornamented, and lined with fabric. See Florida Statutes 497.005
  • Cemetery: means a place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains. See Florida Statutes 497.005
  • Cemetery company: means any legal entity that owns or controls cemetery lands or property. See Florida Statutes 497.005
  • Certificate of title: means the record that is evidence of ownership of a vehicle, whether a paper certificate authorized by the department or a certificate consisting of information that is stored in an electronic form in the department's database. See Florida Statutes 403.8535
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Clean debris: means any solid waste that is virtually inert, that is not a pollution threat to groundwater or surface waters, that is not a fire hazard, and that is likely to retain its physical and chemical structure under expected conditions of disposal or use. See Florida Statutes 403.703
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Closure: means the cessation of operation of a solid waste management facility and the act of securing such facility so that it will pose no significant threat to human health or the environment and includes long-term monitoring and maintenance of a facility if required by department rule. See Florida Statutes 403.703
  • Columbarium: means a structure or building that is substantially exposed above the ground and that is intended to be used for the inurnment of cremated remains. See Florida Statutes 497.005
  • Commercial low-level radioactive waste management facility: means a parcel of land, together with the structures, equipment, and improvements thereon or appurtenant thereto, which is used or is being developed by a person for the treatment, storage, or disposal of low-level radioactive waste other than that person's own generated waste. See Florida Statutes 497.274
  • Commercial low-level radioactive waste management license: means a specific license issued, after application, to a person to construct, operate, or provide for the closure and stabilization of a treatment, storage, or disposal facility in order to treat, store, or dispose of low-level radioactive waste other than that person's own generated waste. See Florida Statutes 497.274
  • 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.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Construction and demolition debris: means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. See Florida Statutes 403.703
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means the possession, directly or indirectly, through the ownership of voting shares, by contract, arrangement, understanding, relationship, or otherwise, of the power to direct or cause the direction of the management and policies of a person or entity. See Florida Statutes 497.005
  • 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.
  • Cremated remains: means all the remains of the human body recovered after the completion of the cremation process, including processing or pulverization that leaves only bone fragments reduced to unidentifiable dimensions and may include the residue of any foreign matter, including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Florida Statutes 497.005
  • Cremation: means any mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments. See Florida Statutes 497.005
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person authorized by the Department of Revenue to buy, sell, resell, or otherwise distribute off-highway vehicles. See Florida Statutes 403.73
  • Decedent: A deceased person.
  • 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.
  • Defense attorney: Represent defendants in criminal matters.
  • Department: means the Department of Environmental Protection. See Florida Statutes 403.281
  • Department: means the Department of Environmental Protection or any successor agency performing a like function. See Florida Statutes 403.703
  • Department: means the Department of Children and Families. See Florida Statutes 494.0075
  • Department: means the Department of Highway Safety and Motor Vehicles. See Florida Statutes 403.73
  • Department: means Department of Highway Safety and Motor Vehicles, defined in…. See Florida Statutes 403.804
  • Department: means the Department of Health. See Florida Statutes 497.274
  • Department: means the Department of Highway Safety and Motor Vehicles. See Florida Statutes 403.8535
  • Department: means the Department of Financial Services. See Florida Statutes 497.005
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Director: means the director of the Division of Funeral, Cemetery, and Consumer Services. See Florida Statutes 497.005
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disinterment: means removal of a dead human body from earth interment or aboveground interment. See Florida Statutes 497.005
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or upon any land or water so that such solid waste or hazardous waste or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including groundwaters, or otherwise enter the environment. See Florida Statutes 403.703
  • Division: means the Division of Funeral, Cemetery, and Consumer Services within the Department of Financial Services. See Florida Statutes 497.005
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • 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
  • Emergency: means any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency, and further means any condition existing within or outside the jurisdictional confines of a facility licensed by the department and arising from byproduct material, source material, special nuclear materials, or other radioactive materials, which is endangering, or could reasonably be expected to endanger, the health and safety of the public or to contaminate the environment. See Florida Statutes 497.274
  • 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
  • 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.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fair market value: means the fair market value of assets held by a trust as of a specific date, assuming all assets of the trust are sold on that specific date. See Florida Statutes 497.005
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Front-end assembly: means fenders, hood, grill, and bumper. See Florida Statutes 403.8535
  • Fully autonomous vehicle: means a vehicle equipped with an automated driving system designed to function without a human operator. See Florida Statutes 400.9983
  • Funeral director: means any person licensed under this chapter to practice funeral directing in this state. See Florida Statutes 497.005
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gasification: means a process through which post-use polymers are heated and converted to synthesis gas in an oxygen-deficient atmosphere, and then converted to crude oil, fuels, or chemical feedstocks. See Florida Statutes 403.703
  • Generation: means the act or process of producing solid or hazardous waste. See Florida Statutes 403.703
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Grave space: means a space of ground in a cemetery intended to be used for the interment in the ground of human remains. See Florida Statutes 497.005
  • Guarantor: means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this part. See Florida Statutes 403.703
  • 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.
  • Hazardous substance: means any substance that is defined as a hazardous substance in the United States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 94 Stat. See Florida Statutes 403.703
  • Hazardous waste: means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. See Florida Statutes 403.703
  • Hazardous waste facility: means any building, site, structure, or equipment at or by which hazardous waste is disposed of, stored, or treated. See Florida Statutes 403.703
  • Hazardous waste management: means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, recycling, and disposal of hazardous waste. See Florida Statutes 403.703
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • impound: means the act of storing a vehicle at a storage facility pursuant to an order of impoundment or immobilization under subsection (6) where the person impounding the vehicle exercises control, supervision, and responsibility over the vehicle. See Florida Statutes 403.08852
  • Income: means earnings on trust assets, including interest, dividends, and other income earned on the principal. See Florida Statutes 497.005
  • 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.
  • individual: includes both natural persons and legal entities. See Florida Statutes 497.005
  • Infraction: means a noncriminal violation that may require community service hours under…. See Florida Statutes 403.804
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Intestate: Dying without leaving a will.
  • Ionizing radiation: means gamma rays and X rays, alpha and beta particles, high-speed electrons, protons, neutrons, and other nuclear particles, but not sound or radio waves or infrared, ultraviolet, or visible light. See Florida Statutes 497.274
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • 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.
  • Land disposal: means any placement of hazardous waste in or on the land and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt bed formation, salt dome formation, or underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes. See Florida Statutes 403.703
  • Landfill: means any solid waste land disposal area for which a permit, other than a general permit, is required by…. See Florida Statutes 403.703
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Legally authorized person: means , in the priority listed:
    (a) The decedent, when written inter vivos authorizations and directions are provided by the decedent;
    (b) The person designated by the decedent as authorized to direct disposition pursuant to Pub. See Florida Statutes 497.005
  • Legislative Auditing Committee: means a committee or committees designated by joint rule of the Legislature, by the President of the Senate or the Speaker of the House of Representatives, or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 88.6011
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: includes all authorizations required or issued under this chapter, except where expressly indicated otherwise, and shall be understood to include authorizations previously referred to as registrations or certificates of authority in chapters 470 and 497 as those chapters appeared in the 2004 edition of the Florida Statutes. See Florida Statutes 497.005
  • Licensee: means the person or entity holding any license or other authorization issued under this chapter, except where expressly indicated otherwise. See Florida Statutes 497.005
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manifest: means the recordkeeping system used for identifying the concentration, quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, storage, or treatment. See Florida Statutes 403.703
  • Materials recovery facility: means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. See Florida Statutes 403.703
  • Mausoleum: means a structure or building that is substantially exposed above the ground and that is intended to be used for the entombment of human remains. See Florida Statutes 497.005
  • Mausoleum section: means any construction unit of a mausoleum that is acceptable to the department and that a cemetery uses to initiate its mausoleum program or to add to its existing mausoleum structures. See Florida Statutes 497.005
  • merchandise: means any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains, including, but not limited to, caskets, outer burial containers, alternative containers, cremation containers, cremation interment containers, urns, monuments, private mausoleums, flowers, benches, vases, acknowledgment cards, register books, memory folders, prayer cards, and clothing. See Florida Statutes 497.005
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 88.6011
  • Minority leader: See Floor Leaders
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Monument: means any product used for identifying a grave site and cemetery memorials of all types, including monuments, markers, and vases. See Florida Statutes 497.005
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • natural barrier: when used with reference to the possession of real estate includes any cliff, river, sea, gulf, lake, slough, marsh, swamp, bay, lagoon, creek, saw grass area, or the like. See Florida Statutes 88.6011
  • Net income: means , in relation to a trust, ordinary income minus any income distributions for items such as trust expenses. See Florida Statutes 497.005
  • Net worth: means total assets minus total liabilities pursuant to generally accepted accounting principles. See Florida Statutes 497.005
  • New mobile home: means a mobile home the equitable or legal title to which has never been transferred by a manufacturer, distributor, importer, or dealer to an ultimate purchaser. See Florida Statutes 403.8535
  • New motor vehicle: means a motor vehicle the equitable or legal title to which has never been transferred by a manufacturer, distributor, importer, or dealer to an ultimate purchaser; however, when legal title is not transferred but possession of a motor vehicle is transferred pursuant to a conditional sales contract or lease and the conditions are not satisfied and the vehicle is returned to the motor vehicle dealer, the motor vehicle may be resold by the motor vehicle dealer as a new motor vehicle, provided the selling motor vehicle dealer gives the following written notice to the purchaser: "THIS VEHICLE WAS DELIVERED TO A PREVIOUS PURCHASER. See Florida Statutes 403.8535
  • Niche: means a compartment or cubicle for the memorialization or permanent placement of a container or urn containing cremated remains. See Florida Statutes 497.005
  • 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.
  • 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.
  • Off-highway vehicle: means any ATV, two-rider ATV, ROV, or OHM that is used off the roads or highways of this state and that is not registered and licensed for highway use pursuant to chapter 320. See Florida Statutes 403.73
  • 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
  • Officer: includes any individual employed by a sheriff's department or the police department of a chartered municipality who is acting as a traffic infraction enforcement officer as provided in…. See Florida Statutes 403.804
  • Official: means any judge authorized by law to preside over a court or hearing adjudicating traffic infractions. See Florida Statutes 403.804
  • Ossuary: means a receptacle used for the communal placement of cremated remains without benefit of an urn or any other container in which cremated remains may be commingled with other cremated remains and are nonrecoverable. See Florida Statutes 497.005
  • Outer burial container: means an enclosure into which a casket is placed and includes, but is not limited to, vaults made of concrete, steel, fiberglass, or copper; sectional concrete enclosures; crypts; and wooden enclosures. See Florida Statutes 497.005
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person, other than a lienholder, having the property in or title to an off-highway vehicle, including a person entitled to the use or possession of an off-highway vehicle subject to an interest held by another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security. See Florida Statutes 403.73
  • 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: when used without qualification such as "natural" or "individual" includes both natural persons and legal entities. See Florida Statutes 497.005
  • Person: includes any public or private corporation. See Florida Statutes 403.281
  • Person: means any and all persons, natural or artificial, including any individual, firm, or association; any municipal or private corporation organized or existing under the laws of this state or any other state; any county of this state; and any governmental agency of this state or the Federal Government. See Florida Statutes 403.703
  • 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: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, or any successor thereto, and other than Federal Government agencies licensed by the United States Nuclear Regulatory Commission, or any successors thereto. See Florida Statutes 497.274
  • 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 property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 88.6011
  • 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
  • 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.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Preneed contract: means any arrangement or method, of which the provider of funeral merchandise or services has actual knowledge, whereby any person agrees to furnish funeral merchandise or service in the future. See Florida Statutes 497.005
  • Principal: means and includes the sole proprietor of a sole proprietorship; all partners of a partnership; all members of a limited liability company; regarding a corporation, all directors and officers, and all stockholders controlling more than 10 percent of the voting stock; and all other persons who can exercise control over the person or entity. See Florida Statutes 497.005
  • 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.
  • Processing: means the reduction of identifiable bone fragments after the completion of the cremation process to unidentifiable bone fragments by manual means. See Florida Statutes 497.005
  • Processing: means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport; amenable to recovery, storage, or recycling; safe for disposal; or reduced in volume or concentration. See Florida Statutes 403.703
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public lands: means lands within the state that are available for public use and that are owned, operated, or managed by a federal, state, county, or municipal governmental entity. See Florida Statutes 403.73
  • Purchaser: means a person who executes a preneed or an at-need contract with a licensee for merchandise or services. See Florida Statutes 497.005
  • Pyrolysis: means a process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed, and then cooled, condensed, and converted to any of the following:
    (a) Crude oil, diesel, gasoline, home heating oil, or another fuel. See Florida Statutes 403.703
  • Pyrolysis facility: means a facility that receives, separates, stores, and converts post-use polymers, using gasification or pyrolysis. See Florida Statutes 403.703
  • Quorum: The number of legislators that must be present to do business.
  • Radiation: means ionizing radiation. See Florida Statutes 497.274
  • Radiation machine: means any device designed to produce, or which produces, radiation or nuclear particles when the associated control devices of the machine are operated. See Florida Statutes 497.274
  • Radioactive material: means any solid, liquid, or gas which emits ionizing radiation spontaneously; however, this definition does not include radioactive wastes regulated pursuant to the hazardous waste management sections of the federal Resource Conservation and Recovery Act of 1976 or the Department of Environmental Protection's assumption of that program. See Florida Statutes 497.274
  • Radioactive waste: means any equipment or materials which are radioactive or have radioactive contamination and which are required pursuant to any governing laws, regulations, or licenses to be stored, treated, or disposed of as radioactive waste. See Florida Statutes 497.274
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Rear body section: means both quarter panels, decklid, bumper, and floor pan. See Florida Statutes 403.8535
  • Recovered materials: means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but the term does not include materials destined for any use that constitutes disposal. See Florida Statutes 403.703
  • Recovered materials processing facility: means a facility engaged solely in the storage, processing, resale, or reuse of recovered materials. See Florida Statutes 403.703
  • Recyclable material: means those materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste. See Florida Statutes 403.703
  • Recycling: means any process by which solid waste, or materials that would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or intermediate or final products. See Florida Statutes 403.703
  • Registration: means the registering of a radiation machine with the department in accordance with the rules promulgated pursuant to this chapter. See Florida Statutes 497.274
  • Religious institution: means an organization formed primarily for religious purposes that has qualified for exemption from federal income tax as an exempt organization under the provisions of…. See Florida Statutes 497.005
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Resource recovery: means the process of recovering materials or energy from solid waste, excluding those materials or solid waste under the control of the Nuclear Regulatory Commission. See Florida Statutes 403.703
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • roadway: refers to any such roadway separately, but not to all such roadways collectively. See Florida Statutes 400.9983
  • Rules: refers to rules adopted under this chapter unless expressly indicated to the contrary. See Florida Statutes 497.005
  • Satisfaction of lien: means full payment of a debt or release of a debtor from a lien by the lienholder. See Florida Statutes 403.8535
  • Scattering garden: means a location set aside, within a cemetery, that is used for the spreading or broadcasting of cremated remains that have been removed from their container and can be mixed with or placed on top of the soil or ground cover or buried in an underground receptacle on a commingled basis and that are nonrecoverable. See Florida Statutes 497.005
  • school: includes all preelementary, elementary, secondary, and postsecondary schools. See Florida Statutes 400.9983
  • service: means any service offered or provided in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains. See Florida Statutes 497.005
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Sludge: includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. See Florida Statutes 403.703
  • Solicitation: means any communication that directly or implicitly requests an immediate oral response from the recipient. See Florida Statutes 497.005
  • Solid waste: means sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. See Florida Statutes 403.703
  • Solid waste disposal facility: means any solid waste management facility that is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. See Florida Statutes 403.703
  • Solid waste management: means the process by which solid waste is collected, transported, stored, separated, processed, or disposed of in any other way according to an orderly, purposeful, and planned program, which includes closure. See Florida Statutes 403.703
  • Solid waste management facility: means any solid waste disposal area, volume reduction plant, transfer station, materials recovery facility, or other facility, the purpose of which is resource recovery or the disposal, recycling, processing, or storage of solid waste. See Florida Statutes 403.703
  • Source separated: means that the recovered materials are separated from solid waste at the location where the recovered materials and solid waste are generated. See Florida Statutes 403.703
  • Sources of radiation: means , collectively, radioactive material and radiation machines. See Florida Statutes 497.274
  • Special wastes: means solid wastes that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, yard trash, and biological wastes. See Florida Statutes 403.703
  • Specific license: means a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing, byproduct material, source material, special nuclear material, or other radioactive material occurring naturally or produced artificially. See Florida Statutes 497.274
  • Statute: A law passed by a legislature.
  • Storage: means the containment or holding of a hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. See Florida Statutes 403.703
  • Subpoena: A command to a witness to appear and give testimony.
  • substance abuse: means the abuse of alcohol or any substance named or described in Schedules I through V of…. See Florida Statutes 403.08852
  • Summons: Another word for subpoena used by the criminal justice system.
  • Suspension: means that a licensee's privilege to drive a motor vehicle is temporarily withdrawn. See Florida Statutes 403.804
  • 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.
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Total return withdrawal percentage: means a percentage, not to exceed 5 percent, of the fair market value of a trust. See Florida Statutes 497.005
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transport: means the movement of hazardous waste from the point of generation or point of entry into the state to any offsite intermediate points and to the point of offsite ultimate disposal, storage, treatment, or exit from the state. See Florida Statutes 403.703
  • Treatment: when used in connection with hazardous waste, means any method, technique, or process, including neutralization, which is designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize it or render it nonhazardous, safe for transport, amenable to recovery, amenable to storage or disposal, or reduced in volume or concentration. See Florida Statutes 403.703
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • United States Nuclear Regulatory Commission: means the United States Nuclear Regulatory Commission or its successor agency. See Florida Statutes 497.274
  • Urn: means a receptacle designed to permanently encase cremated remains. See Florida Statutes 497.005
  • Used motor vehicle: means any motor vehicle that is not a "new motor vehicle" as defined in subsection (9). See Florida Statutes 403.8535
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • 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
  • White goods: includes discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. See Florida Statutes 403.703
  • wrecker operator: means any person or firm regularly engaged for hire in the business of towing or removing motor vehicles. See Florida Statutes 88.6011
  • 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
  • Yard trash: means vegetative matter resulting from landscaping maintenance and land clearing operations and includes associated rocks and soils. See Florida Statutes 403.703