Terms Used In Florida Statutes > Chapter 576 - Agricultural Fertilizers
Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of fertilizer. See Florida Statutes 576.011
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.
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.
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
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.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
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
Best management practices: means practices or combinations of practices determined by research or field testing in representative sites to be the most effective and practicable methods of fertilization designed to meet nitrate groundwater quality standards, including economic and technological considerations. See Florida Statutes 576.011
Brand: means a term, design, or trademark used in connection with one or several grades of fertilizer. See Florida Statutes 576.011
Certified professional: means an individual who holds a certified crop adviser designation issued by the American Society of Agronomy, who has passed the society's Southeast Region Certified Crop Adviser Exam, who holds a 4R Nutrient Management Specialty certification, and whose credentials have been verified by the society's Florida Certified Crop Adviser Board. See Florida Statutes 576.011
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.
Compost: means a substance derived primarily or entirely from decomposition of vegetative or animal organic material, which is sold or offered for sale for the purpose of promoting or stimulating plant growth, and to which no inorganic fertilizer materials have been added other than to promote decomposition. See Florida Statutes 576.011
Coning: means the formation of a pyramidal pile or cone of dry bulk mixed fertilizer such as may occur while being loaded into a holding hopper or transport vehicle and cause separation and segregation of the fertilizer components. See Florida Statutes 576.011
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dealer: means any person, other than the manufacturer, who offers for sale, sells, barters, or supplies commercial fertilizer. See Florida Statutes 576.011
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed which may result from lack of nutrient ingredients or from lack of uniformity. See Florida Statutes 576.011
Department: means the Department of Agriculture and Consumer Services or its authorized representatives. See Florida Statutes 576.011
Dependent: A person dependent for support upon another.
Docket: A log containing brief entries of court proceedings.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fraud: Intentional deception resulting in injury to another.
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
Grade: means the percentages in fertilizer of total nitrogen expressed as N, available phosphorus expressed as P2O5, and soluble potassium expressed as K2O, stated in whole numbers in that order. See Florida Statutes 576.011
Guaranteed analysis: means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. See Florida Statutes 576.011
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.
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
Investigational allowance: means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of fertilizer. See Florida Statutes 576.011
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.
Label: means a display of written, printed, or graphic matter upon the immediate container of any fertilizer or accompanying any fertilizer when moved in bulk. See Florida Statutes 576.011
Labeling: means all labels and other written, printed, or graphic matters upon an article or any of its containers or wrappers, or accompanying such article. See Florida Statutes 576.011
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 a person who guarantees a fertilizer and receives a license to distribute fertilizer under the provisions of this chapter. See Florida Statutes 576.011
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Manufacturer: means a person engaged in the business of importing, preparing, mixing, blending, or manufacturing fertilizer for sale, either direct to consumers or by or through other media of distribution, and the word "manufacture" means preparation, mixing, blending, or manufacturing for the purpose of distribution. See Florida Statutes 576.011
Mixed fertilizer: means a fertilizer containing any combination or mixtures of fertilizers. See Florida Statutes 576.011
Nitrogen breakdown: means the classification of forms of nitrogen guaranteed in percent by weight, the sum of which equals the total nitrogen guarantee. See Florida Statutes 576.011
Official check sample: means a sealed and identified sample taken from the official sample for use in check analysis. See Florida Statutes 576.011
Official sample: means any sample of fertilizer taken by the department in accordance with the provisions of this law or rules adopted hereunder, and designated as "official" by the department. See Florida Statutes 576.011
Organic fertilizer: means a material containing carbon and one or more elements, other than hydrogen and oxygen, essential for plant growth. See Florida Statutes 576.011
person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
Policy: means a written contract of insurance or written agreement for or effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements, and papers that are a part thereof. See Florida Statutes 627.402
Primary plant nutrient: means total nitrogen expressed as N, available phosphorus expressed as P2O5, and soluble potassium expressed as K2O, or any combination of these substances. See Florida Statutes 576.011
Registrant: means the person who registers specialty fertilizer under the provisions of this chapter. See Florida Statutes 576.011
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.
Specialty fertilizer: means any fertilizer packaged, marketed, and distributed for home and garden use and packaged in containers or bags such that the net weight is 49 pounds or less. See Florida Statutes 576.011
Summons: Another word for subpoena used by the criminal justice system.