§ 6.01 Assent to terms of admission into the union
§ 6.02 United States authorized to acquire lands for certain purposes
§ 6.03 Condemnation of land when price not agreed upon
§ 6.04 Jurisdiction over such lands; how ceded to the United States
§ 6.05 Transfer of title and jurisdiction over land owned by state
§ 6.06 United States may acquire state lands for national forests
§ 6.07 Congress may legislate concerning state lands acquired for national forests
§ 6.075 Lands owned or controlled by United States Department of Interior; Governor authorized to cede concurrent jurisdiction to enforce criminal laws
§ 6.08 Boundary between Florida and Alabama
§ 6.081 Florida-Alabama boundary redefined
§ 6.09 Boundary between Florida and Georgia
§ 6.10 Confirmation of certain grants of Georgia

Terms Used In Florida Statutes > Chapter 6

  • Abandoned: means left without provision for reasonable and necessary care or supervision. See Florida Statutes 1009.605
  • abandonment: means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child's care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. See Florida Statutes 1001.38
  • Abuse: means any willful act or threatened act that results in any physical, mental, or sexual abuse, injury, or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. See Florida Statutes 1001.38
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Adjudicatory hearing: means a hearing for the court to determine whether or not the facts support the allegations stated in the petition in dependency cases or in termination of parental rights cases. See Florida Statutes 1001.38
  • Administrative personnel: includes K-12 personnel who perform management activities such as developing broad policies for the school district and executing those policies through the direction of personnel at all levels within the district. See Florida Statutes 1012.01
  • Adoption: means the act of creating the legal relationship between parent and child where it did not exist, thereby declaring the child to be legally the child of the adoptive parents and their heir at law, and entitled to all the rights and privileges and subject to all the obligations of a child born to the adoptive parents in lawful wedlock. See Florida Statutes 1001.38
  • Adult: means any natural person other than a child. See Florida Statutes 1001.38
  • Adult: means an individual who has attained 18 years of age or who has had the disability of nonage removed under chapter 743. See Florida Statutes 1011.08
  • Adult basic education: means courses of instruction designed to improve the employability of the state's workforce through instruction in mathematics, reading, language, and workforce readiness skills at grade level equivalency 0-8. See Florida Statutes 1004.02
  • Adult general education: means comprehensive instructional programs designed to improve the employability of the state's workforce through adult basic education, adult secondary education, English for Speakers of Other Languages, applied academics for adult education instruction, and instruction for adults with disabilities. See Florida Statutes 1004.02
  • Adult secondary education: means courses through which a person receives high school credit that leads to the award of a high school diploma or courses of instruction through which a student prepares to take the high school equivalency examination. See Florida Statutes 1004.02
  • Advance rent: means moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period. See Florida Statutes 1012.36
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • 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.
  • 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.
  • Application: means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Florida Statutes 1013.365
  • 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
  • Arbitration: means a process whereby a neutral third person or panel, called an arbitrator or an arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding. See Florida Statutes 1001.38
  • 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.
  • assessment: means the gathering of information for the evaluation of a child's and caregiver's physical, psychiatric, psychological, or mental health; developmental delays or challenges; and educational, vocational, and social condition and family environment as they relate to the child's and caregiver's need for rehabilitative and treatment services, including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, and other specialized services, as appropriate. See Florida Statutes 1001.38
  • 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.
  • 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.
  • 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.
  • Beyond the safe management capabilities of the service provider: refers to an individual who is in need of:
    (a) Supervision;
    (b) Medical care; or
    (c) Services,

    beyond that which the service provider or service component can deliver. See Florida Statutes 397.311

  • 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).
  • Business day: means any day other than a Saturday, Sunday, or legal holiday. See Florida Statutes 1006.16
  • Caregiver: means the parent, legal custodian, permanent guardian, adult household member, or other person responsible for a child's welfare as defined in subsection (54). See Florida Statutes 1001.38
  • Caretaking authority: means the right to live with and care for a child on a day-to-day basis. See Florida Statutes 1011.08
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Case plan: means a document, as described in…. See Florida Statutes 1001.38
  • Central authority: means the entity designated by the United States or a foreign country described in…. See Florida Statutes 1013.365
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • 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: means an individual who has not attained 18 years of age. See Florida Statutes 1009.605
  • Child: means :
    (a) An individual who has not attained 18 years of age and who has not had the disability of nonage removed under chapter 743; or
    (b) An adult son or daughter by birth or adoption, or designated by general law, who is the subject of a court order concerning custodial responsibility. See Florida Statutes 1011.08
  • Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation with respect to a child. See Florida Statutes 1009.605
  • Child custody proceeding: means a proceeding in which legal custody, physical custody, residential care, or visitation with respect to a child is an issue. See Florida Statutes 1009.605
  • Child Protection Team: means a team of professionals established by the Department of Health to receive referrals from the protective investigators and protective supervision staff of the department and to provide specialized and supportive services to the program in processing child abuse, abandonment, or neglect cases. See Florida Statutes 1001.38
  • Child support: means a court-ordered obligation, enforced under chapter 61 and ss. See Florida Statutes 1001.38
  • Child who has exhibited inappropriate sexual behavior: means a child who has been found by the department or the court to have committed an inappropriate sexual act. See Florida Statutes 1001.38
  • Child who is found to be dependent: means a child who, pursuant to this chapter, is found by the court:
    (a) To have been abandoned, abused, or neglected by the child's parent or parents or legal custodians;
    (b) To have been surrendered to the department, the former Department of Health and Rehabilitative Services, or a licensed child-placing agency for purpose of adoption;
    (c) To have been voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, an adult relative, the department, or the former Department of Health and Rehabilitative Services, after which placement, under the requirements of this chapter, a case plan has expired and the parent or parents or legal custodians have failed to substantially comply with the requirements of the plan;
    (d) To have been voluntarily placed with a licensed child-placing agency for the purposes of subsequent adoption, and a parent or parents have signed a consent pursuant to the Florida Rules of Juvenile Procedure;
    (e) To have no parent or legal custodians capable of providing supervision and care;
    (f) To be at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or legal custodians; or
    (g) To have been sexually exploited and to have no parent, legal custodian, or responsible adult relative currently known and capable of providing the necessary and appropriate supervision and care. See Florida Statutes 1001.38
  • Circuit: means any of the 20 judicial circuits as set forth in…. See Florida Statutes 1001.38
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • CLERC System: means the automated system established pursuant to…. See Florida Statutes 1006.16
  • 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.
  • Close and substantial relationship: means a positive relationship of substantial duration and depth in which a significant emotional bond exists between a child and a nonparent. See Florida Statutes 1011.08
  • Coalition: means the Florida Coalition Against Domestic Violence. See Florida Statutes 1006.063
  • Collaborative attorney: means an attorney who represents a party in a collaborative law process. See Florida Statutes 1011.051
  • Collaborative law communication: means an oral or written statement, including a statement made in a record, or nonverbal conduct that:
    (a) Is made in the conduct of or in the course of participating in, continuing, or reconvening for a collaborative law process; and
    (b) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded or terminated. See Florida Statutes 1011.051
  • Collaborative law participation agreement: means an agreement between persons to participate in a collaborative law process. See Florida Statutes 1011.051
  • Collaborative law process: means a process intended to resolve a collaborative matter without intervention by a tribunal and in which persons sign a collaborative law participation agreement and are represented by collaborative attorneys. See Florida Statutes 1011.051
  • Collaborative matter: means a dispute, a transaction, a claim, a problem, or an issue for resolution, including a dispute, a claim, or an issue in a proceeding which is described in a collaborative law participation agreement and arises under chapter 61 or chapter 742, including, but not limited to:
    (a) Marriage, divorce, dissolution, annulment, and marital property distribution. See Florida Statutes 1011.051
  • Commencement: means the filing of the first pleading in a proceeding. See Florida Statutes 1009.605
  • 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.
  • component: means a discrete operational entity within a service provider which is subject to licensing as defined by rule. See Florida Statutes 397.311
  • Concurrent planning: means establishing a permanency goal in a case plan that uses reasonable efforts to reunify the child with the parent, while at the same time establishing another goal that must be one of the following options:
    (a) Adoption when a petition for termination of parental rights has been filed or will be filed;
    (b) Permanent guardianship of a dependent child under…. See Florida Statutes 1001.38
  • 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.
  • Consent: means an agreement, including all of the following:
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • controlled substance: means prescription drugs not prescribed for the parent or not administered as prescribed and controlled substances as outlined in Schedule I or Schedule II of…. See Florida Statutes 1001.38
  • Convention support order: means a support order of a tribunal of a foreign country described in…. See Florida Statutes 1013.365
  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court: means the court of legal jurisdiction in the context in which the term is used in this chapter. See Florida Statutes 397.311
  • Court: means an entity authorized under the laws of a state to establish, enforce, or modify a child custody determination. See Florida Statutes 1009.605
  • Court: means the court of legal jurisdiction. See Florida Statutes 1011.08
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Custodial responsibility: includes all powers and duties relating to caretaking authority and decisionmaking authority for a child. See Florida Statutes 1011.08
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Decisionmaking authority: means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. See Florida Statutes 1011.08
  • 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 1001.38
  • Department: means the Department of Revenue. See Florida Statutes 1006.16
  • Dependent: A person dependent for support upon another.
  • Deploying parent: means a servicemember who is deployed or has been notified of impending deployment and is:
    (a) A parent of a child; or
    (b) An individual who has custodial responsibility for a child. See Florida Statutes 1011.08
  • Deployment: means the movement or mobilization of a servicemember for less than 18 months pursuant to uniformed service orders that:
    (a) Are designated as unaccompanied;
    (b) Do not authorize dependent travel; or
    (c) Otherwise do not permit the movement of family members to the location to which the servicemember is deployed. See Florida Statutes 1011.08
  • Deposit money: means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally. See Florida Statutes 1012.36
  • 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.
  • Depository: means the central governmental depository established pursuant to…. See Florida Statutes 1006.16
  • Developmental education: means instruction through which a high school graduate who applies for any college credit program may attain the communication and computation skills necessary to successfully complete college credit instruction. See Florida Statutes 1004.02
  • Devise: To gift property by will.
  • Diligent search: means the efforts of a social service agency to locate a parent or prospective parent whose identity or location is unknown, initiated as soon as the social service agency is made aware of the existence of such parent, with the search progress reported at each court hearing until the parent is either identified and located or the court excuses further search. See Florida Statutes 1001.38
  • Direct request: means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States. See Florida Statutes 1013.365
  • 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:
  • Disposition hearing: means a hearing in which the court determines the most appropriate protections, services, and placement for the child in dependency cases. See Florida Statutes 1001.38
  • Docket: A log containing brief entries of court proceedings.
  • Domestic violence: has the meaning set forth in…. See Florida Statutes 1006.063
  • Domestic violence center: means an agency that provides services to victims of domestic violence, as its primary mission. See Florida Statutes 1006.063
  • Donor: The person who makes a gift.
  • drugs: means prescription drugs not prescribed for the child or not administered as prescribed, and controlled substances as outlined in Schedule I or Schedule II of…. See Florida Statutes 1001.38
  • Dwelling unit: means :
    (a) A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household. See Florida Statutes 1012.36
  • Early termination fee: means any charge, fee, or forfeiture that is provided for in a written rental agreement and is assessed to a tenant when a tenant elects to terminate the rental agreement, as provided in the agreement, and vacates a dwelling unit before the end of the rental agreement. See Florida Statutes 1012.36
  • Educational support employees: means K-12 employees whose job functions are neither administrative nor instructional, yet whose work supports the educational process. See Florida Statutes 1012.01
  • Electronic communication: means contact, other than face-to-face contact, facilitated by tools such as telephones, electronic mail or e-mail, webcams, video-conferencing equipment and software or other wired or wireless technologies, or other means of communication to supplement face-to-face contact between a parent and that parent's minor child. See Florida Statutes 1006.16
  • 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
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Expedited termination of parental rights: means proceedings wherein a case plan with the goal of reunification is not being offered. See Florida Statutes 1001.38
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • 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: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family: means a collective body of persons, consisting of a child and a parent, legal custodian, or adult relative, in which:
    (a) The persons reside in the same house or living unit; or
    (b) The parent, legal custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child. See Florida Statutes 1001.38
  • Family member: means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized by the deploying parent and the other parent to be in a familial relationship with a child. See Florida Statutes 1011.08
  • Federal Case Registry of Child Support Orders: means the automated registry of support order abstracts and other information established and maintained by the United States Department of Health and Human Services as provided by 42 U. See Florida Statutes 1006.16
  • 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.
  • Fictive kin: means a person unrelated by birth, marriage, or adoption who has an emotionally significant relationship, which possesses the characteristics of a family relationship, to a child. See Florida Statutes 1001.38
  • 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
  • Foster care: means care provided a child in a foster family or boarding home, group home, agency boarding home, child care institution, or any combination thereof. See Florida Statutes 1001.38
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: means honesty in fact in the conduct or transaction concerned. See Florida Statutes 1012.36
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • Guardian: means a relative, nonrelative, next of kin, or fictive kin who is awarded physical custody of a child in a proceeding brought pursuant to this chapter. See Florida Statutes 1001.38
  • Guardian advocate: means a person appointed by the court to act on behalf of a drug dependent newborn pursuant to the provisions of this part. See Florida Statutes 1004.726
  • Guardianship Assistance Program: means a program that provides benefits to a child's guardian on behalf of the child. See Florida Statutes 1001.38
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Health insurance: means coverage under a fee-for-service arrangement, health maintenance organization, or preferred provider organization, and other types of coverage available to either parent, under which medical services could be provided to a dependent child. See Florida Statutes 1006.16
  • 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.
  • Home state: means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. See Florida Statutes 1009.605
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Income: means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker's compensation, disability benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government. See Florida Statutes 1006.16
  • 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.
  • Individual: means a person who receives alcohol or other drug abuse treatment services delivered by a service provider. See Florida Statutes 397.311
  • Initial determination: means the first child custody determination concerning a particular child. See Florida Statutes 1009.605
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Instructional personnel: means any K-12 staff member whose function includes the provision of direct instructional services to students. See Florida Statutes 1012.01
  • 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
  • Issuing court: means the court that makes a child custody determination for which enforcement is sought under this part. See Florida Statutes 1009.605
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
  • Judge: means the circuit judge exercising jurisdiction pursuant to this chapter. See Florida Statutes 1001.38
  • 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.
  • Juvenile sexual abuse: means any sexual behavior by a child which occurs without consent, without equality, or as a result of coercion. See Florida Statutes 1001.38
  • Landlord: means the owner or lessor of a dwelling unit. See Florida Statutes 1012.36
  • Law enforcement officer: means a law enforcement officer as defined in…. See Florida Statutes 397.311
  • 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
  • Legal custody: means a legal status created by a court which vests in a custodian of the person or guardian, whether an agency or an individual, the right to have physical custody of the child and the right and duty to protect, nurture, guide, and discipline the child and to provide him or her with food, shelter, education, and ordinary medical, dental, psychiatric, and psychological care. See Florida Statutes 1001.38
  • Legal father: means a man married to the mother at the time of conception or birth of their child, unless paternity has been otherwise determined by a court of competent jurisdiction. See Florida Statutes 1001.38
  • 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.
  • Licensed child-placing agency: means a person, society, association, or institution licensed by the department to care for, receive, or board children and to place children in a licensed child-caring institution or a foster or adoptive home. See Florida Statutes 1001.38
  • Licensed health care professional: means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a nurse licensed under part I of chapter 464, a physician assistant licensed under chapter 458 or chapter 459, or a dentist licensed under chapter 466. See Florida Statutes 1001.38
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited contact: means the authority of a nonparent to visit a child for a limited time. See Florida Statutes 1011.08
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mediation: means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. See Florida Statutes 1001.38
  • Medical neglect: means the failure to provide or the failure to allow needed care as recommended by a health care practitioner for a physical injury, illness, medical condition, or impairment, or the failure to seek timely and appropriate medical care for a serious health problem that a reasonable person would have recognized as requiring professional medical attention. See Florida Statutes 1001.38
  • 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.
  • Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, regardless of whether it is made by the court that made the previous determination. See Florida Statutes 1009.605
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • National medical support notice: means the notice required under 42 U. See Florida Statutes 1006.16
  • Necessary medical treatment: means care which is necessary within a reasonable degree of medical certainty to prevent the deterioration of a child's condition or to alleviate immediate pain of a child. See Florida Statutes 1001.38
  • Next of kin: means an adult relative of a child who is the child's brother, sister, grandparent, aunt, uncle, or first cousin. See Florida Statutes 1001.38
  • 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.
  • Nonparent: means an individual other than a deploying parent or other parent. See Florida Statutes 1011.08
  • Nonparty participant: means a person, other than a party and the party's collaborative attorney, who participates in a collaborative law process. See Florida Statutes 1011.051
  • Nonrelative: means a person unrelated by blood or marriage or a relative outside the fifth degree of consanguinity. See Florida Statutes 1001.38
  • Notice of deployment: means official notification to a servicemember, through orders or other written or electronic communication, that the servicemember is subject to deployment on or about a specified date. See Florida Statutes 1011.08
  • 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.
  • Obligee: means the person to whom payments are made pursuant to an order establishing, enforcing, or modifying an obligation for alimony, for child support, or for alimony and child support. See Florida Statutes 1006.16
  • Obligor: means a person responsible for making payments pursuant to an order establishing, enforcing, or modifying an obligation for alimony, for child support, or for alimony and child support. See Florida Statutes 1006.16
  • Office: means the Office of Adoption and Child Protection within the Executive Office of the Governor. See Florida Statutes 1001.38
  • 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
  • Office of Program Policy Analysis and Government Accountability: 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
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Other parent: means an individual who, in addition to a deploying parent, is:
    (a) A parent of a child; or
    (b) An individual who has custodial responsibility for a child. See Florida Statutes 1011.08
  • Out-of-home: means a placement outside of the home of the parents or a parent. See Florida Statutes 1001.38
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under…. See Florida Statutes 1001.38
  • Parenting plan: means a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. See Florida Statutes 1006.16
  • Parenting plan recommendation: means a nonbinding recommendation concerning one or more elements of a parenting plan made by a court-appointed mental health practitioner or other professional designated pursuant to…. See Florida Statutes 1006.16
  • 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.
  • Party: means a person who signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Florida Statutes 1011.051
  • Party: means the parent or parents of the child, the petitioner, the department, the guardian ad litem or the representative of the guardian ad litem program when the program has been appointed, and the child. See Florida Statutes 1001.38
  • Payor: means an employer or former employer or any other person or agency providing or administering income to the obligor. See Florida Statutes 1006.16
  • Permanency goal: means the living arrangement identified for the child to return to or identified as the permanent living arrangement of the child. See Florida Statutes 1001.38
  • Permanency plan: means the plan that establishes the placement intended to serve as the child's permanent home. See Florida Statutes 1001.38
  • Permanent guardian: means the relative or other adult in a permanent guardianship of a dependent child under…. See Florida Statutes 1001.38
  • Permanent guardianship of a dependent child: means a legal relationship that a court creates under…. See Florida Statutes 1001.38
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, instrumentality, or public corporation; or any other legal or commercial entity. See Florida Statutes 1009.605
  • 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
  • Person: means an individual; a corporation; a business trust; an estate; a trust; a partnership; a limited liability company; an association; a joint venture; a public corporation; a government or governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See Florida Statutes 1011.051
  • Person acting as a parent: means a person, other than a parent, who:
    (a) Has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and
    (b) Has been awarded a child-custody determination by a court or claims a right to a child-custody determination under the laws of this state. See Florida Statutes 1009.605
  • Personal property: All property that is not real property.
  • Physical custody: means the physical care and supervision of a child. See Florida Statutes 1009.605
  • Physical injury: means death, permanent or temporary disfigurement, or impairment of any bodily part. See Florida Statutes 1001.38
  • Physician: means a person licensed under chapter 458 to practice medicine or licensed under chapter 459 to practice osteopathic medicine, and may include, if the context so indicates, an intern or resident enrolled in an intern or resident training program affiliated with an approved medical school, hospital, or other facility through which training programs are normally conducted. See Florida Statutes 397.311
  • Physician: means any licensed physician, dentist, podiatric physician, or optometrist and includes any intern or resident. See Florida Statutes 1001.38
  • 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.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • 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.
  • Premises: means a dwelling unit and the structure of which it is a part and a mobile home lot and the appurtenant facilities and grounds, areas, facilities, and property held out for the use of tenants generally. See Florida Statutes 1012.36
  • 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.
  • Preventive services: means social services and other supportive and rehabilitative services provided to the parent or legal custodian of the child and to the child for the purpose of averting the removal of the child from the home or disruption of a family which will or could result in the placement of a child in foster care. See Florida Statutes 1001.38
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • 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.
  • Proceeding: means a judicial, an administrative, an arbitral, or any other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences, and discovery. See Florida Statutes 1011.051
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prospective parent: means a person who claims to be, or has been identified as, a person who may be a mother or a father of a child. See Florida Statutes 1001.38
  • Protective investigation: means the acceptance of a report alleging child abuse, abandonment, or neglect, as defined in this chapter, by the central abuse hotline or the acceptance of a report of other dependency by the department; the investigation of each report; the determination of whether action by the court is warranted; the determination of the disposition of each report without court or public agency action when appropriate; and the referral of a child to another public or private agency when appropriate. See Florida Statutes 1001.38
  • Protective investigator: means an authorized agent of the department who receives and investigates reports of child abuse, abandonment, or neglect; who, as a result of the investigation, may recommend that a dependency petition be filed for the child; and who performs other duties necessary to carry out the required actions of the protective investigation function. See Florida Statutes 1001.38
  • Protective supervision: means a legal status in dependency cases which permits the child to remain safely in his or her own home or other nonlicensed placement under the supervision of an agent of the department and which must be reviewed by the court during the period of supervision. See Florida Statutes 1001.38
  • provider: means a public agency, a private for-profit or not-for-profit agency, a person who is a private practitioner, or a hospital licensed under this chapter or exempt from licensure under this chapter. See Florida Statutes 397.311
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Qualified professional: means a physician or a physician assistant licensed under chapter 458 or chapter 459; a psychiatrist licensed under chapter 458 or chapter 459; a psychologist as defined in…. See Florida Statutes 1001.38
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Florida Statutes 1011.051
  • Record: means information that is created in a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form. See Florida Statutes 1011.08
  • registered mail: include certified mail with return receipt requested. See Florida Statutes 88.6011
  • Related to a collaborative matter: means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter. See Florida Statutes 1011.051
  • Relative: means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. See Florida Statutes 1001.38
  • 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.
  • Rent: means the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement. See Florida Statutes 1012.36
  • Rental agreement: means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises. See Florida Statutes 1012.36
  • 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).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Return from deployment: means the conclusion of a servicemember's deployment as specified in uniformed service orders. See Florida Statutes 1011.08
  • Reunification services: means social services and other supportive and rehabilitative services provided to the parent of the child, to the child, and, where appropriate, to the relative placement, nonrelative placement, or foster parents of the child, for the purpose of enabling a child who has been placed in out-of-home care to safely return to his or her parent at the earliest possible time. See Florida Statutes 1001.38
  • Roll call vote : A vote in which each legislator votes "yea" or "nay" as his or her name is called by the Clerk, so that the names of legislators voting on each side are recorded.
  • Safety plan: means a plan created to control present or impending danger using the least intrusive means appropriate to protect a child when a parent, caregiver, or legal custodian is unavailable, unwilling, or unable to do so. See Florida Statutes 1001.38
  • Security deposits: means any moneys held by the landlord as security for the performance of the rental agreement, including, but not limited to, monetary damage to the landlord caused by the tenant's breach of lease prior to the expiration thereof. See Florida Statutes 1012.36
  • Service of process: The service of writs or summonses to the appropriate party.
  • Servicemember: means a member of a uniformed service. See Florida Statutes 1011.08
  • 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.
  • Shared parental responsibility: means a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly. See Florida Statutes 1006.16
  • Shelter: means a placement with a relative or a nonrelative, or in a licensed home or facility, for the temporary care of a child who is alleged to be or who has been found to be dependent, pending court disposition before or after adjudication. See Florida Statutes 1001.38
  • Shelter hearing: means a hearing in which the court determines whether probable cause exists to keep a child in shelter status pending further investigation of the case. See Florida Statutes 1001.38
  • Sibling: means :
    (a) A child who shares a birth parent or legal parent with one or more other children; or
    (b) A child who has lived together in a family with one or more other children whom he or she identifies as siblings. See Florida Statutes 1001.38
  • Sign: means , with the intent to authenticate or adopt a record, to:
    (a) Execute or adopt a tangible symbol; or
    (b) Attach to or logically associate with the record an electronic symbol, sound, or process. See Florida Statutes 1011.08
  • Social service agency: means the department, a licensed child-caring agency, or a licensed child-placing agency. See Florida Statutes 1001.38
  • Social worker: means any person who has a bachelor's, master's, or doctoral degree in social work. See Florida Statutes 1001.38
  • Sole parental responsibility: means a court-ordered relationship in which one parent makes decisions regarding the minor child. See Florida Statutes 1006.16
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Florida Statutes 1009.605
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Florida Statutes 1011.08
  • State Case Registry: means the automated registry maintained by the Title IV-D agency, containing records of each Title IV-D case and of each support order established or modified in the state on or after October 1, 1998. See Florida Statutes 1006.16
  • State Disbursement Unit: means the unit established and operated by the Title IV-D agency to provide one central address for collection and disbursement of child support payments made in cases enforced by the department pursuant to Title IV-D of the Social Security Act and in cases not being enforced by the department in which the support order was initially issued in this state on or after January 1, 1994, and in which the obligor's child support obligation is being paid through income deduction order. See Florida Statutes 1006.16
  • 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.
  • Substance abuse: means the misuse or abuse of, or dependence on alcohol, illicit drugs, or prescription medications. See Florida Statutes 397.311
  • Substance abuse: means using, without medical reason, any psychoactive or mood-altering drug, including alcohol, in such a manner as to induce impairment resulting in dysfunctional social behavior. See Florida Statutes 1001.38
  • substance abuse impaired: means a condition involving the use of alcoholic beverages or any psychoactive or mood-altering substance in such a manner as to induce mental, emotional, or physical problems and cause socially dysfunctional behavior. See Florida Statutes 397.311
  • Substantial compliance: means that the circumstances which caused the creation of the case plan have been significantly remedied to the extent that the well-being and safety of the child will not be endangered upon the child's remaining with or being returned to the child's parent. See Florida Statutes 1001.38
  • Summons: Another word for subpoena used by the criminal justice system.
  • Support order: means a judgment, decree, or order, whether temporary or final, issued by a court of competent jurisdiction or administrative agency for the support and maintenance of a child which provides for monetary support, health care, arrearages, or past support. See Florida Statutes 1006.16
  • Taken into custody: means the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child's release or placement. See Florida Statutes 1001.38
  • Temporary legal custody: means the relationship that a court creates between a child and an adult relative of the child, legal custodian, agency, or other person approved by the court until a more permanent arrangement is ordered. See Florida Statutes 1001.38
  • Tenant: means any person entitled to occupy a dwelling unit under a rental agreement. See Florida Statutes 1012.36
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Time-sharing schedule: means a timetable that must be included in the parenting plan that specifies the time, including overnights and holidays, that a minor child will spend with each parent. See Florida Statutes 1006.16
  • 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.
  • 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.
  • Transient occupancy: means occupancy when it is the intention of the parties that the occupancy will be temporary. See Florida Statutes 1012.36
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribe: means an Indian tribe, or band, or Alaskan Native village that is recognized by federal law or formally acknowledged by a state. See Florida Statutes 1009.605
  • Tribunal: means a court, an arbitrator, an administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter. See Florida Statutes 1011.051
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States central authority: means the Secretary of the United States Department of Health and Human Services. See Florida Statutes 1013.365
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • 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
  • Victim: means any child who has sustained or is threatened with physical, mental, or emotional injury identified in a report involving child abuse, neglect, or abandonment, or child-on-child sexual abuse. See Florida Statutes 1001.38
  • Warrant: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Florida Statutes 1009.605
  • Workforce literacy: means the basic skills necessary to perform in entry-level occupations or the skills necessary to adapt to technological advances in the workplace. See Florida Statutes 1004.02
  • 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
  • youth: means any unmarried person under the age of 18 years who has not been emancipated by order of the court. See Florida Statutes 1001.38