§ 607.0101 Short title; applicability
§ 607.0102 Reservation of power to amend or repeal
§ 607.0120 Filing requirements
§ 607.0121 Forms
§ 607.0122 Fees for filing documents and issuing certificates
§ 607.0123 Effective time and date of document
§ 607.0124 Correcting filed document; withdrawal of filed record before effectiveness
§ 607.0125 Filing duties of the department
§ 607.0126 Appeal from department’s refusal to file document
§ 607.0127 Certificates to be received in evidence; evidentiary effect of certified copy of filed document
§ 607.0128 Certificate of status
§ 607.0130 Powers of department
§ 607.01401 Definitions
§ 607.0141 Notice
§ 607.0143 Qualified director
§ 607.0201 Incorporators
§ 607.0202 Articles of incorporation; content
§ 607.0203 Incorporation
§ 607.0204 Liability for preincorporation transactions
§ 607.0205 Organizational meeting of directors
§ 607.0206 Bylaws
§ 607.0207 Emergency bylaws
§ 607.0208 Forum selection
§ 607.0301 Purposes and application
§ 607.0302 General powers
§ 607.0303 Emergency powers
§ 607.0304 Lack of power to act
§ 607.0401 Corporate name
§ 607.04021 Reserved name
§ 607.0403 Registered name; application; renewal; revocation
§ 607.0501 Registered office and registered agent
§ 607.0502 Change of registered office or registered agent
§ 607.0503 Resignation of registered agent
§ 607.05031 Change of name or address by registered agent
§ 607.05032 Delivery of notice or other communication
§ 607.0504 Service of process, notice, or demand on a corporation
§ 607.0505 Registered agent; duties
§ 607.0601 Authorized shares
§ 607.0602 Terms of class or series determined by board of directors
§ 607.0603 Issued and outstanding shares
§ 607.0604 Fractional shares
§ 607.0620 Subscriptions for shares
§ 607.0621 Issuance of shares
§ 607.0622 Liability for shares issued before payment
§ 607.0623 Share dividends
§ 607.0624 Share rights, options, warrants, and awards
§ 607.0625 Form and content of certificates
§ 607.0626 Shares without certificates
§ 607.0627 Restriction on transfer of shares and other securities
§ 607.0628 Expenses of issue
§ 607.0630 Shareholders’ preemptive rights
§ 607.0631 Corporation’s acquisition of its own shares
§ 607.06401 Distributions to shareholders
§ 607.0701 Annual meeting
§ 607.0702 Special meeting
§ 607.0703 Court-ordered meeting
§ 607.0704 Action by shareholders without a meeting
§ 607.0705 Notice of meeting
§ 607.0706 Waiver of notice
§ 607.0707 Record date
§ 607.0709 Remote participation in annual and special meetings of shareholders
§ 607.0720 Shareholders’ list for meeting
§ 607.0721 Voting entitlement of shares
§ 607.0722 Proxies
§ 607.0723 Shares held by intermediaries and nominees
§ 607.0724 Acceptance of votes and other instruments
§ 607.0725 Quorum and voting requirements for voting groups
§ 607.0726 Action by single and multiple voting groups
§ 607.0728 Voting for directors; cumulative voting
§ 607.0729 Voting procedures; inspectors of election
§ 607.0730 Voting trusts
§ 607.0731 Voting agreements
§ 607.0732 Shareholder agreements
§ 607.0741 Standing
§ 607.0742 Complaint; demand and excuse
§ 607.0743 Stay of proceedings
§ 607.0744 Dismissal
§ 607.0745 Discontinuance or settlement; notice
§ 607.0746 Proceeds and expenses
§ 607.0747 Applicability to foreign corporations
§ 607.0748 Shareholder action to appoint custodians or receivers
§ 607.0749 Provisional director
§ 607.0750 Direct action by shareholder
§ 607.0801 Requirement for and duties of board of directors
§ 607.0802 Qualifications of directors
§ 607.0803 Number of directors
§ 607.0804 Election of directors by certain voting groups; special voting rights of certain directors
§ 607.0805 Terms of directors generally
§ 607.0806 Staggered terms for directors
§ 607.0807 Resignation of directors
§ 607.0808 Removal of directors by shareholders
§ 607.08081 Removal of directors by judicial proceedings
§ 607.0809 Vacancy on board
§ 607.08101 Compensation of directors
§ 607.0820 Meetings
§ 607.0821 Action by directors without a meeting
§ 607.0822 Notice of meetings
§ 607.0823 Waiver of notice
§ 607.0824 Quorum and voting
§ 607.0825 Committees
§ 607.0826 Submission of matters for a shareholder vote
§ 607.0830 General standards for directors
§ 607.0831 Liability of directors
§ 607.0832 Director conflicts of interest
§ 607.0833 Loans to officers, directors, and employees; guaranty of obligations
§ 607.0834 Liability for unlawful distributions
§ 607.08401 Required officers
§ 607.0841 Duties of officers
§ 607.08411 General standards for officers
§ 607.0842 Resignation and removal of officers
§ 607.0843 Contract rights of officers
§ 607.0850 Definitions
§ 607.0851 Permissible indemnification
§ 607.0852 Mandatory indemnification
§ 607.0853 Advance for expenses
§ 607.0854 Court-ordered indemnification and advance for expenses
§ 607.0855 Determination and authorization of indemnification
§ 607.0857 Insurance
§ 607.0858 Variation by corporate action; application of ss. 607.0850-607.0859
§ 607.0859 Overriding restrictions on indemnification
§ 607.0901 Affiliated transactions
§ 607.0902 Control-share acquisitions
§ 607.1001 Authority to amend the articles of incorporation
§ 607.1002 Amendment by board of directors
§ 607.10025 Shares; combination or division
§ 607.1003 Amendment by board of directors and shareholders
§ 607.1004 Voting on amendments by voting groups
§ 607.1005 Amendment before issuance of shares
§ 607.1006 Articles of amendment
§ 607.1007 Restated articles of incorporation
§ 607.1008 Amendment pursuant to reorganization
§ 607.1009 Effect of amendment
§ 607.1020 Amendment of bylaws by board of directors or shareholders
§ 607.1021 Bylaw increasing quorum or voting requirements for shareholders
§ 607.1022 Bylaw increasing quorum or voting requirements for directors
§ 607.1023 Bylaw provisions relating to the election of directors
§ 607.1101 Merger
§ 607.1102 Share exchange
§ 607.1103 Action on a plan of merger or share exchange
§ 607.11035 Shareholder approval of a merger or share exchange in connection with a tender offer
§ 607.1104 Merger between parent and subsidiary or between subsidiaries
§ 607.11045 Holding company formation by merger by certain corporations
§ 607.1105 Articles of merger or share exchange
§ 607.1106 Effect of merger or share exchange
§ 607.1107 Abandonment of a merger or share exchange
§ 607.11920 Domestication
§ 607.11921 Action on a plan of domestication
§ 607.11922 Articles of domestication; effectiveness
§ 607.11923 Amendment of a plan of domestication; abandonment
§ 607.11924 Effect of domestication
§ 607.11930 Conversion
§ 607.11931 Plan of conversion
§ 607.11932 Action on a plan of conversion
§ 607.11933 Articles of conversion; effectiveness
§ 607.11934 Amendment to a plan of conversion; abandonment
§ 607.11935 Effect of conversion
§ 607.1201 Disposition of assets not requiring shareholder approval
§ 607.1202 Shareholder approval of certain dispositions
§ 607.1301 Appraisal rights; definitions
§ 607.1302 Right of shareholders to appraisal
§ 607.1303 Assertion of rights by nominees and beneficial owners
§ 607.1320 Notice of appraisal rights
§ 607.1321 Notice of intent to demand payment
§ 607.1322 Appraisal notice and form
§ 607.1323 Perfection of rights; right to withdraw
§ 607.1324 Shareholder’s acceptance of corporation’s offer
§ 607.1326 Procedure if shareholder is dissatisfied with offer
§ 607.1330 Court action
§ 607.1331 Court costs and counsel fees
§ 607.1332 Disposition of acquired shares
§ 607.1333 Limitation on corporate payment
§ 607.1340 Other remedies limited
§ 607.1401 Dissolution by incorporators or directors
§ 607.1402 Dissolution by board of directors and shareholders; dissolution by written consent of shareholders
§ 607.1403 Articles of dissolution
§ 607.1404 Revocation of dissolution
§ 607.1405 Effect of dissolution
§ 607.1406 Known claims against dissolved corporation
§ 607.1407 Other claims against dissolved corporation
§ 607.1408 Claims against dissolved corporations; enforcement
§ 607.1409 Court proceedings
§ 607.1410 Director duties
§ 607.1420 Administrative dissolution
§ 607.1422 Reinstatement following administrative dissolution
§ 607.1423 Judicial review of denial of reinstatement
§ 607.1430 Grounds for judicial dissolution
§ 607.1431 Procedure for judicial dissolution
§ 607.1432 Receivership or custodianship
§ 607.1433 Judgment of dissolution
§ 607.1434 Alternative remedies to judicial dissolution
§ 607.1435 Provisional director
§ 607.1436 Election to purchase instead of dissolution
§ 607.14401 Deposit with Department of Financial Services
§ 607.1501 Authority of foreign corporation to transact business required; activities not constituting transacting business
§ 607.15015 Governing law
§ 607.1502 Effect of failure to have a certificate of authority
§ 607.1503 Application for certificate of authority
§ 607.1504 Amended certificate of authority
§ 607.1505 Effect of a certificate of authority
§ 607.1506 Corporate name of foreign corporation
§ 607.1507 Registered office and registered agent of foreign corporation
§ 607.1508 Change of registered office and registered agent of foreign corporation
§ 607.1509 Resignation of registered agent of foreign corporation
§ 607.15091 Change of name or address by registered agent
§ 607.15092 Delivery of notice or other communication
§ 607.15101 Service of process, notice, or demand on a foreign corporation
§ 607.1520 Withdrawal and cancellation of certificate of authority for foreign corporation
§ 607.1521 Withdrawal deemed on conversion to domestic filing entity
§ 607.1522 Withdrawal on dissolution, merger, or conversion to certain nonfiling entities
§ 607.1523 Action by Department of Legal Affairs
§ 607.1530 Revocation of certificate of authority to transact business
§ 607.15315 Reinstatement following revocation of certificate of authority
§ 607.1532 Judicial review of denial of reinstatement
§ 607.1601 Corporate records
§ 607.1602 Inspection of records by shareholders
§ 607.1603 Scope of inspection right
§ 607.1604 Court-ordered inspection
§ 607.1605 Inspection rights of directors
§ 607.1620 Financial statements for shareholders
§ 607.1622 Annual report for department
§ 607.1701 Application to existing domestic corporation
§ 607.1702 Application to qualified foreign corporations
§ 607.1703 Interrogatories by department; other powers of department
§ 607.1711 Application to foreign and interstate commerce
§ 607.1805 Procedures for conversion to professional service corporation
§ 607.1904 Estoppel
§ 607.1907 Saving provision
§ 607.1908 Severability clause
§ 607.193 Supplemental corporate fee

Terms Used In Florida Statutes > Chapter 607 > Part I

  • Acquired eligible entity: means the domestic or foreign eligible entity that will have all of one or more classes or series of its shares or eligible interests acquired in a share exchange. See Florida Statutes 607.01401
  • Acquiring eligible entity: means the domestic or foreign eligible entity that will acquire all of one or more classes or series of shares or eligible interests of the acquired eligible entity in a share exchange. See Florida Statutes 607.01401
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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 1.01
  • 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.
  • Allowable uses: means the intended uses identified in a local government's land development regulations which are authorized within a zoning category as a use by right, without the requirement to obtain a variance or waiver. See Florida Statutes 479.01
  • 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.
  • Animal: means any mammal other than a human being or any bird, amphibian, fish, or reptile, wild or domestic, living or dead. See Florida Statutes 474.202
  • 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.
  • Applicable county: means : the county in this state in which a corporation's principal office is located or was located when an action is or was commenced; if the corporation has, and at the time of such action had, no principal office in this state, then in the county in which the corporation has, or at the time of such action had, an office in this state; or if the corporation does not have an office in this state, then in the county in which the corporation's registered office is or was last located. See Florida Statutes 607.01401
  • Appraisal: A determination of property value.
  • Appraisal management company: means a person who, within a 12-month period, oversees an appraiser panel of more than 15 state-certified or state-licensed appraisers in a state, or 25 or more state-certified or state-licensed appraisers in two or more states, and who performs appraisal management services regardless of the use of the term "appraisal management company" "appraiser cooperative" "appraiser portal" "mortgage technology company" or other term. See Florida Statutes 475.611
  • Appraisal management services: means the coordination or management of appraisal services for compensation by:
  • Appraisal report: means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. See Florida Statutes 475.611
  • Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. See Florida Statutes 475.611
  • appraisal services: means the services provided by certified or licensed appraisers or registered trainee appraisers, and includes:
  • Appraisal subcommittee: means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U. See Florida Statutes 475.611
  • Appraiser: means any person who is a registered trainee real estate appraiser, a licensed real estate appraiser, or a certified real estate appraiser. See Florida Statutes 475.611
  • appraiser panel: includes :
  • 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
  • Architecture: means the rendering or offering to render services in connection with the design and construction of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures. See Florida Statutes 481.203
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: includes original, amended, and restated articles of incorporation, articles of share exchange, and articles of merger, and all amendments thereto. See Florida Statutes 607.01401
  • 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.
  • attraction: means an establishment, site, facility, or landmark that is open a minimum of 5 days a week for 52 weeks a year; that has as its principal focus family-oriented entertainment, cultural, educational, recreational, scientific, or historical activities; and that is publicly recognized as a bona fide tourist attraction. See Florida Statutes 479.261
  • Authorized entity: means :
    (a) A corporation for profit;
    (b) A limited liability company;
    (c) A limited liability partnership; or
    (d) A limited partnership, including a limited liability limited partnership. See Florida Statutes 607.01401
  • Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Florida Statutes 607.01401
  • Automatic changeable facing: means a facing that is capable of delivering two or more advertising messages through an automated or remotely controlled process. See Florida Statutes 479.01
  • Automatic renewal commission: means a renewal commission for which the brokerage agreement does not expressly require the broker to perform any additional services in order to receive the renewal commission. See Florida Statutes 475.801
  • 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.
  • 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.
  • Beneficial shareholder: means a person who owns the beneficial interest in shares. See Florida Statutes 607.01401
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means the Board of Architecture and Interior Design. See Florida Statutes 481.203
  • Board: means the Board of Clinical Laboratory Personnel. See Florida Statutes 483.803
  • Board: means the Board of Opticianry. See Florida Statutes 484.002
  • Board: means the Board of Hearing Aid Specialists. See Florida Statutes 484.041
  • Board: means the Board of Accountancy. See Florida Statutes 473.302
  • Board: means the Board of Veterinary Medicine. See Florida Statutes 474.202
  • Board: means the Board of Landscape Architecture. See Florida Statutes 481.303
  • Board: means the Board of Cosmetology. See Florida Statutes 477.013
  • Board: means the Board of Medicine. See Florida Statutes 478.42
  • Board: means the Board of Physical Therapy Practice. See Florida Statutes 486.021
  • Board: means the Florida Real Estate Appraisal Board established under…. See Florida Statutes 475.611
  • Board-certified optician: means an optician licensed in this state who:
    (a) Has passed the National Contact Lens Registry Examination;
    (b) Has successfully completed a board-approved course of at least 20 contact hours covering the competencies required in fitting, adapting, and dispensing of contact lenses;
    (c) Has met any other requirements established by the board to assure competence in the fitting, adapting, and dispensing of contact lenses;
    (d) Has completed the application form and remitted a nonrefundable application fee set by the board not to exceed $100; and
    (e) Has been issued a certificate by the department. See Florida Statutes 484.002
  • Body wrapping: means a treatment program that uses herbal wraps for the purposes of cleansing and beautifying the skin of the body, but does not include:
    (a) The application of oils, lotions, or other fluids to the body, except fluids contained in presoaked materials used in the wraps; or
    (b) Manipulation of the body's superficial tissue, other than that arising from compression emanating from the wrap materials. See Florida Statutes 477.013
  • Broker: means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefor; and all persons who advertise rental property information or lists. See Florida Statutes 475.01
  • Broker: means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefor; and all persons who advertise rental property information or lists. See Florida Statutes 475.01
  • Broker associate: means a person who is qualified to be issued a license as a broker but who operates as a sales associate in the employ of another. See Florida Statutes 475.01
  • Broker associate: means a person who is qualified to be issued a license as a broker but who operates as a sales associate in the employ of another. See Florida Statutes 475.01
  • Brokerage agreement: means a written contract, entered into on or after the effective date of this act, between an owner of commercial real estate and a broker that obligates the owner to pay a commission to the broker for licensed services provided by the broker relating to the leasing of the commercial real estate as specified in the contract. See Florida Statutes 475.801
  • Brokerage agreement: means a written contract entered into on or after the effective date of this act between an owner of commercial real estate and a broker that obligates the owner to pay a commission to the broker for licensed services provided by the broker relating to the sale or disposition of the commercial real estate as specified in the contract. See Florida Statutes 475.701
  • Burial-transit permit: means a permit issued by the department that authorizes the final disposition of a dead body. See Florida Statutes 382.002
  • Business day: means Monday through Friday, excluding any day a national banking association is not open for normal business transactions. See Florida Statutes 607.01401
  • Business of outdoor advertising: means the business of operating, maintaining, leasing, or selling outdoor advertising structures, outdoor advertising signs, or outdoor advertisements. See Florida Statutes 479.01
  • Business organization: means a partnership, a limited liability company, a corporation, or an individual operating under a fictitious name. See Florida Statutes 481.203
  • Certificate of birth resulting in stillbirth: means a certificate issued to record and memorialize the birth of a stillborn child. See Florida Statutes 382.002
  • Certificate of registration: means a license or registration issued by the department to a natural person to engage in the practice of architecture or interior design. See Florida Statutes 481.203
  • Certificate of registration: means a license issued by the department to a natural person to engage in the practice of landscape architecture. See Florida Statutes 481.303
  • certified: means a document containing all or a part of the exact information contained on the original vital record, and which, when issued by the State Registrar, has the full force and effect of the original vital record. See Florida Statutes 382.002
  • Certified general appraiser: means a person who is certified by the department as qualified to issue appraisal reports for any type of real property. See Florida Statutes 475.611
  • Certified public accountant: means an individual who holds a license to practice public accounting in this state or an individual who is practicing public accounting in this state pursuant to the practice privilege granted in…. See Florida Statutes 473.302
  • Certified residential appraiser: means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. See Florida Statutes 475.611
  • 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.
  • 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.
  • Client: means the owner or caretaker of an animal who arranges for its veterinary care. See Florida Statutes 474.202
  • Client: means a person who contracts with an appraiser or appraisal management company for the performance of appraisal services. See Florida Statutes 475.611
  • Clinical laboratory: means the physical location in which one or more of the following services are performed to provide information or materials for use in the diagnosis, prevention, or treatment of a disease or the identification or assessment of a medical or physical condition:
    (a) Clinical laboratory services, which entail the examination of fluids or other materials taken from the human body. See Florida Statutes 483.803
  • Clinical laboratory personnel: includes a clinical laboratory director, supervisor, technologist, blood gas analyst, or technician who performs or is responsible for laboratory test procedures, but the term does not include trainees, persons who perform screening for blood banks or plasmapheresis centers, phlebotomists, or persons employed by a clinical laboratory to perform manual pretesting duties or clerical, personnel, or other administrative responsibilities. See Florida Statutes 483.803
  • Closing: means the delivery, exchange, and release of documents and funds for the completion of a transaction for the disposition of commercial real estate. See Florida Statutes 475.701
  • Closing agent: means the person who receives documents and funds for recording and disbursement in closing a transaction for the disposition of commercial real estate. See Florida Statutes 475.701
  • Commercial real estate: means a fee simple interest or other possessory estate in real property, except an interest in real property that is:
    (a) Improved with one single-family residential unit or one multifamily structure containing one to four residential units;
    (b) Unimproved and the maximum permitted development is one to four residential units under any restrictive covenants, zoning regulations, or comprehensive plan applicable to that real property; or
    (c) Improved with single-family residential units such as condominiums, townhouses, timeshares, mobile homes, or houses in a subdivision that may be legally sold, leased, or otherwise conveyed on a unit-by-unit basis, regardless of whether these units may be a part of a larger building or parcel containing more than four residential units. See Florida Statutes 475.701
  • Commercial real estate: means a fee simple interest or other possessory estate in real property, except an interest in real property that is:
    (a) Improved with one single-family residential unit or one multifamily structure containing one to four residential units;
    (b) Unimproved and the maximum permitted development is one to four residential units under any restrictive covenants, zoning regulations, or comprehensive plan applicable to that real property; or
    (c) Improved with single-family residential units such as condominiums, townhouses, timeshares, mobile homes, or houses in a subdivision that may be legally sold, leased, or otherwise conveyed on a unit-by-unit basis, regardless of whether these units may be a part of a larger building or parcel containing more than four residential units. See Florida Statutes 475.801
  • Commercial use: means activities associated with the sale, rental, or distribution of products or the performance of services. See Florida Statutes 479.01
  • Commission: means any fee or other compensation that an owner agrees to pay a broker for licensed services as specified in a brokerage agreement. See Florida Statutes 475.701
  • Commission: means any fee or other compensation that an owner agrees to pay a broker for licensed services as specified in a brokerage agreement. See Florida Statutes 475.801
  • Commission: means the Florida Real Estate Commission. See Florida Statutes 475.01
  • Commission: means the Florida Real Estate Commission. See Florida Statutes 475.01
  • Commission notice: means the written notice claiming a commission made by a broker under…. See Florida Statutes 475.701
  • 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.
  • Conspicuous: means so written, displayed, or presented that a reasonable person against whom the writing is to operate should have noticed it. See Florida Statutes 607.01401
  • Contact lenses: means a prescribed medical device intended to be worn directly against the cornea of the eye to correct vision conditions, act as a therapeutic device, or provide a cosmetic effect. See Florida Statutes 484.002
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled area: means 660 feet or less from the nearest edge of the right-of-way of any portion of the State Highway System, interstate, or federal-aid primary highway system and beyond 660 feet of the nearest edge of the right-of-way of any portion of the State Highway System, interstate highway system, or federal-aid primary system outside an urban area. See Florida Statutes 479.01
  • Conversion: means a transaction pursuant to ss. See Florida Statutes 607.01401
  • Converted eligible entity: means the converting eligible entity as it continues in existence after a conversion. See Florida Statutes 607.01401
  • Converting eligible entity: means the domestic corporation that approves a plan of conversion pursuant to…. See Florida Statutes 607.01401
  • 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.
  • Cosmetologist: means a person who is licensed to engage in the practice of cosmetology in this state under the authority of this chapter. See Florida Statutes 477.013
  • Cosmetology: means the mechanical or chemical treatment of the head, face, and scalp for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair arranging, hair coloring, permanent waving, and hair relaxing for compensation. See Florida Statutes 477.013
  • Council: means the Electrolysis Council. See Florida Statutes 478.42
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Customer: means a member of the public who is or may be a buyer or seller of real property and may or may not be represented by a real estate licensee in an authorized brokerage relationship. See Florida Statutes 475.01
  • Customer: means a member of the public who is or may be a buyer or seller of real property and may or may not be represented by a real estate licensee in an authorized brokerage relationship. See Florida Statutes 475.01
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day: means a calendar day. See Florida Statutes 607.01401
  • Days: means calendar days, but if a period would end on a day other than a business day, then the last day of that period shall instead be the next business day. See Florida Statutes 475.701
  • Days: means calendar days, but if a period would end on a day other than a business day, the last day of that period shall instead be the next business day. See Florida Statutes 475.801
  • Dead body: means a human body or such parts of a human body from the condition of which it reasonably may be concluded that death recently occurred. See Florida Statutes 382.002
  • 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.
  • delivery: means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery, and, if authorized under…. See Florida Statutes 607.01401
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 481.203
  • Department: means the Department of Health. See Florida Statutes 483.803
  • Department: means the Department of Health. See Florida Statutes 484.002
  • Department: means the Department of Health. See Florida Statutes 484.041
  • Department: means the Department of Transportation. See Florida Statutes 479.01
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 473.302
  • Department: means the Florida Department of State. See Florida Statutes 607.01401
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 474.202
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 481.303
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 477.013
  • Department: means the Department of Health. See Florida Statutes 478.42
  • Department: means the Department of Health. See Florida Statutes 486.021
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 475.01
  • Department: means the Department of Health. See Florida Statutes 382.002
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 475.611
  • 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.
  • Derivative proceeding: means a civil suit in the right of a domestic corporation or, to the extent provided in…. See Florida Statutes 607.01401
  • Devise: To gift property by will.
  • Direct supervision: means supervision where the licensee remains on the premises while all work is being done and gives final approval to any work performed by an employee. See Florida Statutes 484.002
  • Direct supervision: means supervision by a physical therapist who is licensed pursuant to this chapter. See Florida Statutes 486.021
  • Direct supervision: means the degree of supervision required of a supervisory appraiser overseeing the work of a registered trainee appraiser by which the supervisory appraiser has control over and detailed professional knowledge of the work being done. See Florida Statutes 475.611
  • 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:
  • Dispensing hearing aids: means and includes:
    (a) Conducting and interpreting hearing tests for purposes of selecting suitable hearing aids, making earmolds or ear impressions, and providing appropriate counseling. See Florida Statutes 484.041
  • Disposition: means a voluntary conveyance or transfer of the title to or other ownership interest in any commercial real estate specified in a brokerage agreement. See Florida Statutes 475.701
  • Disputed reserved proceeds: means the portion of the owner's net proceeds reserved by a closing agent under…. See Florida Statutes 475.701
  • Dissolution of marriage: includes an annulment of marriage. See Florida Statutes 382.002
  • Distribution: means a direct or indirect transfer of money or other property (except its own shares) or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. See Florida Statutes 607.01401
  • Division: means the Division of Certified Public Accounting. See Florida Statutes 473.302
  • Document: means :
    (a) Any tangible medium on which information is inscribed, and includes any writing or written instrument; or
    (b) An electronic record. See Florida Statutes 607.01401
  • Domestic: means , with respect to an entity, an entity governed as to its internal affairs by the laws of this state. See Florida Statutes 607.01401
  • domestic corporation: means a corporation for profit, which is not a foreign corporation, incorporated under this chapter. See Florida Statutes 607.01401
  • Domesticated corporation: means the domesticating corporation as it continues in existence after a domestication. See Florida Statutes 607.01401
  • Domesticating corporation: means the domestic corporation that approves a plan of domestication pursuant to…. See Florida Statutes 607.01401
  • Domestication: means a transaction pursuant to ss. See Florida Statutes 607.01401
  • Donor: The person who makes a gift.
  • Dry needling: means a skilled intervention, based on Western medicine, that uses filiform needles and other apparatus or equipment to stimulate a myofascial trigger point for the evaluation and management of neuromusculoskeletal conditions, pain, movement impairments, and disabilities. See Florida Statutes 486.021
  • Effective date: means , when referring to a document accepted for filing by the department, the date and time determined in accordance with…. See Florida Statutes 607.01401
  • Electrologist: means a person who engages in the practice of electrolysis. See Florida Statutes 478.42
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Florida Statutes 607.01401
  • Electronic record: means information that is stored in an electronic or other medium and is retrievable in paper form through an automated process used in conventional commercial practice, unless otherwise authorized under…. See Florida Statutes 607.01401
  • electronically transmitted: means any form or process of communication not directly involving the physical transfer of paper or another tangible medium, which:
    (a) Is suitable for the retention, retrieval, and reproduction of information by the recipient; and
    (b) Is retrievable in paper form by the recipient through an automated process used in conventional commercial practice, unless otherwise authorized under…. See Florida Statutes 607.01401
  • Eligible entity: means :
  • Eligible interests: means interests or memberships. See Florida Statutes 607.01401
  • Employee: includes an officer but not a director. See Florida Statutes 607.01401
  • employee: when used in this chapter and in rules adopted pursuant thereto to describe the relationship between a broker and a sales associate, include an independent contractor relationship when such relationship is intended by and established between a broker and a sales associate. See Florida Statutes 475.01
  • employee: when used in this chapter and in rules adopted pursuant thereto to describe the relationship between a broker and a sales associate, include an independent contractor relationship when such relationship is intended by and established between a broker and a sales associate. See Florida Statutes 475.01
  • 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.
  • Entity: includes corporation and foreign corporation; unincorporated association; business trust, estate, limited liability company, partnership, trust, and two or more persons having a joint or common economic interest; and state, United States, and foreign governments. See Florida Statutes 607.01401
  • 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
  • Erect: means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. See Florida Statutes 479.01
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evaluation: means a valuation permitted by any federal financial institutions regulatory agency appraisal regulations for transactions that do not require an appraisal, as such valuations qualify for an applicable exemption under federal law. See Florida Statutes 475.611
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Expenses: means reasonable expenses of any kind that are incurred in connection with a matter. See Florida Statutes 607.01401
  • 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.
  • 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
  • Federal-aid primary highway system: means the federal-aid primary highway system in existence on June 1, 1991, and any highway that was not a part of such system as of that date but that is, or became after June 1, 1991, a part of the National Highway System, including portions that have been accepted as part of the National Highway System but are unbuilt or unopened. See Florida Statutes 479.01
  • Federally regulated appraisal management company: means an appraisal management company that is owned and controlled by an insured depository institution, as defined in 12 U. See Florida Statutes 475.611
  • Federally related transaction: means any real estate-related financial transaction which a federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates, and which requires the services of a state-licensed or state-certified appraiser. See Florida Statutes 475.611
  • 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.
  • Fetal death: means death prior to the complete expulsion or extraction of a product of human conception from its mother if the 20th week of gestation has been reached and the death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. See Florida Statutes 382.002
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means a broker in a relationship of trust and confidence between that broker as agent and the seller or buyer as principal. See Florida Statutes 475.01
  • Filing entity: means an entity, other than a limited liability partnership, that is of a type that is created by filing a public organic record or is required to file a public organic record that evidences its creation. See Florida Statutes 607.01401
  • Final disposition: means the burial, interment, entombment, cremation, removal from the state, anatomical donation, or other authorized disposition of a dead body or a fetus as described in subsection (8). See Florida Statutes 382.002
  • Firm: means any legal entity that is engaged in the practice of public accounting. See Florida Statutes 473.302
  • 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.
  • Florida certified public accountant: means an individual holding a license under the authority of this chapter. See Florida Statutes 473.302
  • 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
  • Foreign: means , with respect to an entity, an entity governed as to its internal affairs by the organic law of a jurisdiction other than this state. See Florida Statutes 607.01401
  • Foreign corporation: means an entity incorporated or organized under laws other than the laws of this state which would be a corporation for profit if incorporated under the laws of this state. See Florida Statutes 607.01401
  • Foreign nonprofit corporation: means an entity incorporated or organized under laws other than the laws of this state which would be a nonprofit corporation if incorporated under the laws of this state. See Florida Statutes 607.01401
  • foundation: means The Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. See Florida Statutes 475.611
  • Fraud: Intentional deception resulting in injury to another.
  • Funeral director: means a licensed funeral director or direct disposer licensed pursuant to chapter 497 who first assumes custody of or effects the final disposition of a dead body or a fetus as described in subsection (8). See Florida Statutes 382.002
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental subdivision: includes authority, county, district, and municipality. See Florida Statutes 607.01401
  • Governor: means :
    (a) A director of a corporation for profit;
    (b) A director or trustee of a nonprofit corporation;
    (c) A general partner of a general partnership;
    (d) A general partner of a limited partnership;
    (e) A manager of a manager-managed limited liability company;
    (f) A member of a member-managed limited liability company;
    (g) A director or a trustee of a real estate investment trust; or
    (h) Any other person under whose authority the powers of an entity are exercised and under whose direction the activities and affairs of the entity are managed pursuant to the organic law and organic rules of the entity. See Florida Statutes 607.01401
  • 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
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • 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.
  • Hair braiding: means the weaving or interweaving of natural human hair or commercial hair, including the use of hair extensions or wefts, for compensation without cutting, coloring, permanent waving, relaxing, removing, or chemical treatment. See Florida Statutes 477.013
  • Hair wrapping: means the wrapping of manufactured materials around a strand or strands of human hair, for compensation, without cutting, coloring, permanent waving, relaxing, removing, weaving, chemically treating, braiding, using hair extensions, or performing any other service defined as cosmetology. See Florida Statutes 477.013
  • Hearing aid: means an amplifying device to be worn by a hearing-impaired person to improve hearing. See Florida Statutes 484.041
  • Hearing aid specialist: means a person duly licensed in this state to practice the dispensing of hearing aids. See Florida Statutes 484.041
  • Highway: means any road, street, or other way open or intended to be opened to the public for travel by motor vehicles. See Florida Statutes 479.01
  • Home office: means the principal headquarters of an entity. See Florida Statutes 473.302
  • 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.
  • 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: includes the estate of an incompetent or deceased individual. See Florida Statutes 607.01401
  • Industrial use: means activities associated with the manufacture, assembly, processing, or storage of products or the performance of related services. See Florida Statutes 479.01
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insolvent: means either:
    (a) The inability of a corporation to pay its debts as they become due in the usual course of its business; or
    (b) The value of the corporation's total assets are less than the sum of its total liabilities, at fair valuation. See Florida Statutes 607.01401
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interest: means :
    (a) A share in a corporation for profit;
    (b) A membership in a nonprofit corporation;
    (c) A partnership interest in a general partnership, including a limited liability partnership;
    (d) A partnership interest in a limited partnership, including a limited liability limited partnership;
    (e) A membership interest in a limited liability company;
    (f) A share or beneficial interest in a real estate investment trust;
    (g) A member's interest in a limited cooperative association;
    (h) A beneficial interest in a statutory trust, business trust, or common law business trust; or
    (i) A governance interest or distributional interest in another entity. See Florida Statutes 607.01401
  • Interest holder: means :
    (a) A shareholder of a corporation for profit;
    (b) A member of a nonprofit corporation;
    (c) A general partner of a general partnership;
    (d) A general partner of a limited partnership;
    (e) A limited partner of a limited partnership;
    (f) A member of a limited liability company;
    (g) A shareholder or beneficial owner of a real estate investment trust;
    (h) A beneficiary or beneficial owner of a statutory trust, business trust, or common law business trust; or
    (i) Another direct holder of an interest. See Florida Statutes 607.01401
  • Interest holder liability: means :
    (a) Personal liability for a liability of an entity which is imposed on a person:
  • 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
  • Interior decorator services: includes the selection or assistance in selection of surface materials, window treatments, wallcoverings, paint, floor coverings, surface-mounted lighting, surface-mounted fixtures, and loose furnishings not subject to regulation under applicable building codes. See Florida Statutes 481.203
  • Interior design: includes , but is not limited to, reflected ceiling plans, space planning, furnishings, and the fabrication of nonstructural elements within and surrounding interior spaces of buildings. See Florida Statutes 481.203
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Interstate highway system: means the existing, unbuilt, or unopened system of highways or portions thereof designated as the national system of interstate and defense highways by the department. See Florida Statutes 479.01
  • Intestate: Dying without leaving a will.
  • Involuntarily inactive status: means the licensure status that results when a license is not renewed at the end of the license period prescribed by the department. See Florida Statutes 475.01
  • 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.
  • 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.
  • Jurisdiction of formation: means , with respect to an entity:
    (a) The jurisdiction under whose organic law the entity is formed, incorporated, or created or otherwise comes into being; however, for these purposes, if an entity exists under the law of a jurisdiction different from the jurisdiction under which the entity originally was formed, incorporated, or created or otherwise came into being, then the jurisdiction under which the entity then exists is treated as the jurisdiction of formation; or
    (b) In the case of a limited liability partnership or foreign limited liability partnership, the jurisdiction in which the partnership's statement of qualification or equivalent document is filed. See Florida Statutes 607.01401
  • Landscape architecture: means professional services, including, but not limited to, the following:
    (a) Consultation, investigation, research, planning, design, preparation of drawings, specifications, contract documents and reports, responsible construction supervision, or landscape management in connection with the planning and development of land and incidental water areas, including the use of Florida-friendly landscaping as defined in…. See Florida Statutes 481.303
  • Landscape design: means consultation for and preparation of planting plans drawn for compensation, including specifications and installation details for plant materials, soil amendments, mulches, edging, gravel, and other similar materials. See Florida Statutes 481.303
  • 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: means a written agreement creating a relationship of landlord and tenant with respect to commercial real estate, such that the tenant acquires from the landlord the right to possess the commercial real estate for a specified period of time. See Florida Statutes 475.801
  • 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
  • Legacy: A gift of property made by will.
  • Legal age: means a person who is not a minor, or a minor who has had the disability of nonage removed as provided under chapter 743. See Florida Statutes 382.002
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means the document of authorization granted by the board and issued by the department for a person to engage in the practice of physical therapy. See Florida Statutes 486.021
  • Licensed appraiser: means a person who is licensed by the department as qualified to issue appraisal reports for residential real property of one to four residential units or on such real estate or real property as may be authorized by federal regulation. See Florida Statutes 475.611
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien notice: means the written notice of lien made by a broker claiming a commission under…. See Florida Statutes 475.801
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Live birth: means the complete expulsion or extraction of a product of human conception from its mother, irrespective of the duration of pregnancy, which, after such expulsion, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, and definite movement of the voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Florida Statutes 382.002
  • Mail: means the United States mail, facsimile transmissions, and private mail carriers handling nationwide mail services. See Florida Statutes 607.01401
  • Main-traveled way: means the traveled way of a highway on which through traffic is carried. See Florida Statutes 479.01
  • Maintain: means to allow to exist. See Florida Statutes 479.01
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Medical examiner: means a person appointed pursuant to chapter 406. See Florida Statutes 382.002
  • Membership: means the rights of a member in a domestic or foreign nonprofit corporation. See Florida Statutes 607.01401
  • Merger: means a transaction pursuant to…. See Florida Statutes 607.01401
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Myofascial trigger point: means an irritable section of soft tissue often associated with palpable nodules in taut bands of muscle fibers. See Florida Statutes 486.021
  • New highway: means the construction of any road, paved or unpaved, where no road previously existed or the act of paving any previously unpaved road. See Florida Statutes 479.01
  • 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.
  • Nonconforming sign: means a sign which was lawfully erected but which does not comply with the land use, setback, size, spacing, and lighting provisions of state or local law, rule, regulation, or ordinance passed at a later date or a sign which was lawfully erected but which later fails to comply with state or local law, rule, regulation, or ordinance due to changed conditions. See Florida Statutes 479.01
  • Nonviable birth: means an unintentional, spontaneous fetal demise occurring after the completion of the 9th week of gestation but prior to the 20th week of gestation of a pregnancy that has been verified by a health care practitioner. See Florida Statutes 382.002
  • oath: includes affirmations. See Florida Statutes 1.01
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office 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 1.01
  • Optical establishment: means any establishment in the state which offers, advertises, and performs opticianry services for the general public. See Florida Statutes 484.002
  • Optician: means any person licensed to practice opticianry pursuant to this part. See Florida Statutes 484.002
  • Opticianry: means the preparation and dispensing of lenses, spectacles, eyeglasses, contact lenses, and other optical devices to the intended user or agent thereof, upon the written prescription of a licensed allopathic or osteopathic physician or optometrist who is duly licensed to practice or upon presentation of a duplicate prescription. See Florida Statutes 484.002
  • Order file: means the documentation necessary to support the performance of appraisal management services. See Florida Statutes 475.611
  • Organic law: means the laws of the jurisdiction in which the entity was formed. See Florida Statutes 607.01401
  • Organic rules: means the public organic record and private organic rules of an entity. See Florida Statutes 607.01401
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person that is vested with fee simple title or a possessory estate in commercial real estate. See Florida Statutes 475.701
  • Owner: means a person that is vested with fee simple title or a possessory estate, including a leasehold, in commercial real estate that is the subject of a lease. See Florida Statutes 475.801
  • 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 to a merger: means any domestic or foreign entity that will merge under a plan of merger. See Florida Statutes 607.01401
  • Patient: means any animal for which the veterinarian practices veterinary medicine. See Florida Statutes 474.202
  • Person: includes an individual and an entity. See Florida Statutes 607.01401
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Personal property: All property that is not real property.
  • Photography studio salon: means an establishment where the hair-arranging services and the application of cosmetic products are performed solely for the purpose of preparing the model or client for the photographic session without shampooing, cutting, coloring, permanent waving, relaxing, or removing of hair or performing any other service defined as cosmetology. See Florida Statutes 477.013
  • Physical therapist: means a person who is licensed and who practices physical therapy in accordance with the provisions of this chapter. See Florida Statutes 486.021
  • Physical therapist assistant: means a person who is licensed in accordance with the provisions of this chapter to perform patient-related activities, including the use of physical agents, whose license is in good standing, and whose activities are performed under the direction of a physical therapist as set forth in rules adopted pursuant to this chapter. See Florida Statutes 486.021
  • Physical therapy practitioner: means a physical therapist or a physical therapist assistant who is licensed and who practices physical therapy in accordance with the provisions of this chapter. See Florida Statutes 486.021
  • Physician: means a person authorized to practice medicine, osteopathic medicine, or chiropractic medicine pursuant to chapter 458, chapter 459, or chapter 460. See Florida Statutes 382.002
  • 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 1.01
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practice of physical therapy: means the performance of physical therapy assessments and the treatment of any disability, injury, disease, or other health condition of human beings, or the prevention of such disability, injury, disease, or other health condition, and the rehabilitation of such disability, injury, disease, or other health condition by alleviating impairments, functional movement limitations, and disabilities by designing, implementing, and modifying treatment interventions through therapeutic exercise; functional movement training in self-management and in-home, community, or work integration or reintegration; manual therapy; massage; airway clearance techniques; maintaining and restoring the integumentary system and wound care; physical agent or modality; mechanical or electrotherapeutic modality; patient-related instruction; the use of apparatus and equipment in the application of such treatment, prevention, or rehabilitation; the performance of tests of neuromuscular functions as an aid to the diagnosis or treatment of any human condition; or the performance of electromyography as an aid to the diagnosis of any human condition only upon compliance with the criteria set forth by the Board of Medicine. See Florida Statutes 486.021
  • Practice of veterinary medicine: means diagnosing the medical condition of animals and prescribing, dispensing, or administering drugs, medicine, appliances, applications, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease thereof; performing any manual procedure for the diagnosis of or treatment for pregnancy or fertility or infertility of animals; or representing oneself by the use of titles or words, or undertaking, offering, or holding oneself out, as performing any of these functions. See Florida Statutes 474.202
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Premises: means all the land areas under ownership or lease arrangement to the sign owner which are contiguous to the business conducted on the land except for instances where such land is a narrow strip contiguous to the advertised activity or is connected by such narrow strip, the only viable use of such land is to erect or maintain an advertising sign. See Florida Statutes 479.01
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal: means the party with whom a real estate licensee has entered into a single agent relationship. See Florida Statutes 475.01
  • Principal: means the party with whom a real estate licensee has entered into a single agent relationship. See Florida Statutes 475.01
  • Principal office: means the office (in or out of this state) where the principal executive offices of a domestic or foreign corporation are located as designated in the articles of incorporation or other initial filing until an annual report has been filed, and thereafter as designated in the annual report. See Florida Statutes 607.01401
  • Private organic rules: means the rules, whether or not in a record, which govern the internal affairs of an entity, are binding on all its interest holders, and are not part of its public organic record, if any. See Florida Statutes 607.01401
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes a civil suit, a criminal action, an administrative action, and an investigatory action. See Florida Statutes 607.01401
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected agreement: means :
    (a) A record evidencing indebtedness and any related agreement in effect on January 1, 2020;
    (b) An agreement that is binding on an entity on January 1, 2020;
    (c) The organic rules of an entity in effect on January 1, 2020; or
    (d) An agreement that is binding on any of the governors or interest holders of an entity on January 1, 2020. See Florida Statutes 607.01401
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • public accounting: means :
    (a) Offering to perform or performing for the public one or more types of services involving the expression of an opinion on financial statements, the attestation as an expert in accountancy to the reliability or fairness of presentation of financial information, the utilization of any form of opinion or financial statements that provide a level of assurance, the utilization of any form of disclaimer of opinion which conveys an assurance of reliability as to matters not specifically disclaimed, or the expression of an opinion on the reliability of an assertion by one party for the use by a third party;
    (b) Offering to perform or performing for the public one or more types of services involving the use of accounting skills, or one or more types of tax, management advisory, or consulting services, by any person who is a certified public accountant who holds an active license, issued pursuant to this chapter, or who is authorized to practice public accounting pursuant to the practice privileges granted in…. See Florida Statutes 473.302
  • public accounting firm: means a sole proprietorship, partnership, corporation, limited liability company, firm, or any other legal entity licensed under…. See Florida Statutes 473.302
  • Public organic record: means a record, the filing of which by a governmental body is required to form an entity, and an amendment to or restatement of such record. See Florida Statutes 607.01401
  • Quorum: The number of legislators that must be present to do business.
  • real estate: means any interest or estate in land and any interest in business enterprises or business opportunities, including any assignment, leasehold, subleasehold, or mineral right; however, the term does not include any cemetery lot or right of burial in any cemetery; nor does the term include the renting of a mobile home lot or recreational vehicle lot in a mobile home park or travel park. See Florida Statutes 475.01
  • real estate: means any interest or estate in land and any interest in business enterprises or business opportunities, including any assignment, leasehold, subleasehold, or mineral right; however, the term does not include any cemetery lot or right of burial in any cemetery; nor does the term include the renting of a mobile home lot or recreational vehicle lot in a mobile home park or travel park. See Florida Statutes 475.01
  • Real property: means one or more parcels or tracts of land located in this state, including any appurtenances and improvements. See Florida Statutes 475.701
  • Real property: means one or more parcels or tracts of land located in this state, including any appurtenances and improvements. See Florida Statutes 475.801
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record date: means the date fixed for determining the identity of the corporation's shareholders and their share holdings for purposes of this chapter. See Florida Statutes 607.01401
  • Record shareholder: means :
    (a) The person in whose name shares are registered in the records of the corporation; or
    (b) The person identified as a beneficial owner of shares in the beneficial ownership certificate under…. See Florida Statutes 607.01401
  • records: means certificates or reports of birth, death, fetal death, marriage, dissolution of marriage, name change filed pursuant to…. See Florida Statutes 382.002
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • registered architect: means a natural person who is licensed under this part to engage in the practice of architecture. See Florida Statutes 481.203
  • Registered interior designer: means a natural person who holds a valid certificate of registration to practice interior design. See Florida Statutes 481.203
  • Registered landscape architect: means a person who holds a license to practice landscape architecture in this state under the authority of this act. See Florida Statutes 481.303
  • Registered trainee appraiser: means a person who is registered with the department as qualified to perform appraisal services only under the direct supervision of a certified appraiser. See Florida Statutes 475.611
  • Registrant: means the child entered on a birth certificate, the deceased entered on a death certificate, and the husband or wife entered on a marriage or dissolution of marriage record. See Florida Statutes 382.002
  • 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.
  • Remove: means to disassemble all sign materials above ground level and transport such materials from the site. See Florida Statutes 479.01
  • Renewal commission: means an additional commission that may become payable to a broker under a brokerage agreement if a lease subject to that brokerage agreement is later renewed or is later modified to expand the leased premises or extend the lease term. See Florida Statutes 475.801
  • 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.
  • Responsible supervising control: means the exercise of direct personal supervision and control throughout the preparation of documents, instruments of service, or any other work requiring the seal and signature of a licensee under this part. See Florida Statutes 481.203
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Sales associate: means a person who performs any act specified in the definition of "broker" but who performs such act under the direction, control, or management of another person. See Florida Statutes 475.01
  • Sales associate: means a person who performs any act specified in the definition of "broker" but who performs such act under the direction, control, or management of another person. See Florida Statutes 475.01
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under…. See Florida Statutes 607.01401
  • Secretary of state: means the Secretary of State of the State of Florida. See Florida Statutes 607.01401
  • 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.
  • Shampooing: means the washing of the hair with soap and water or with a special preparation, or applying hair tonics. See Florida Statutes 477.013
  • Share exchange: means a transaction pursuant to…. See Florida Statutes 607.01401
  • Shareholder: means a record shareholder. See Florida Statutes 607.01401
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Florida Statutes 607.01401
  • Sign: means any combination of structure and message in the form of an outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, advertising structure, advertisement, logo, symbol, or other form, whether placed individually or on a V-type, back-to-back, side-to-side, stacked, or double-faced display or automatic changeable facing, designed, intended, or used to advertise or inform, any part of the advertising message or informative contents of which is visible from any place on the main-traveled way. See Florida Statutes 479.01
  • Sign face: means the part of a sign, including trim and background, which contains the message or informative contents, including an automatic changeable face. See Florida Statutes 479.01
  • Sign facing: includes all sign faces and automatic changeable faces displayed at the same location and facing the same direction. See Florida Statutes 479.01
  • Sign structure: means all the interrelated parts and material, such as beams, poles, and stringers, which are constructed for the purpose of supporting or displaying a message or informative contents. See Florida Statutes 479.01
  • signature: means , with present intent to authenticate or adopt a document:
    (a) To execute or adopt a tangible symbol on a document, which includes any manual facsimile or conformed signature; or
    (b) To attach or to logically associate with an electronic transmission an electronic sound, symbol, or process, which includes an electronic signature in an electronic transmission. See Florida Statutes 607.01401
  • Signature: means personalized evidence indicating authentication of work performed by an appraiser and the acceptance of responsibility for the content of an appraisal, appraisal review, or appraisal consulting service or conclusions in an appraisal report. See Florida Statutes 475.611
  • Single agent: means a broker who represents, as a fiduciary, either the buyer or seller but not both in the same transaction. See Florida Statutes 475.01
  • Skin care services: means the treatment of the skin of the body, other than the head, face, and scalp, by the use of a sponge, brush, cloth, or similar device to apply or remove a chemical preparation or other substance, except that chemical peels may be removed by peeling an applied preparation from the skin by hand. See Florida Statutes 477.013
  • Space planning: means the analysis, programming, or design of spatial requirements, including preliminary space layouts and final planning. See Florida Statutes 481.203
  • Specialist: means any person holding a specialty registration in one or more of the specialties registered under this chapter. See Florida Statutes 477.013
  • Specialty: means the practice of one or more of the following:
    (a) Manicuring, or the cutting, polishing, tinting, coloring, cleansing, adding, or extending of the nails, and massaging of the hands. See Florida Statutes 477.013
  • Specialty salon: means any place of business wherein the practice of one or all of the specialties as defined in subsection (6) are engaged in or carried on. See Florida Statutes 477.013
  • Sponsor: means an active, licensed hearing aid specialist under whose direct supervision one or more trainees are studying hearing aid dispensing for the purpose of qualifying for certification to sit for the licensure examination. See Florida Statutes 484.041
  • Statute: A law passed by a legislature.
  • Stillbirth: means an unintended, intrauterine fetal death after a gestational age of not less than 20 completed weeks. See Florida Statutes 382.002
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscriber: means a person who subscribes for shares in a corporation, whether before or after incorporation. See Florida Statutes 607.01401
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisory appraiser: means a certified residential appraiser or a certified general appraiser responsible for the direct supervision of one or more registered trainee appraisers and fully responsible for appraisals and appraisal reports prepared by those registered trainee appraisers. See Florida Statutes 475.611
  • 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.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Townhouse: is a single-family dwelling unit not exceeding three stories in height which is constructed in a series or group of attached units with property lines separating such units. See Florida Statutes 481.203
  • Trainee: means a person studying hearing aid dispensing under the direct supervision of an active licensed hearing aid specialist for the purpose of qualifying for certification to sit for the licensure examination. See Florida Statutes 484.041
  • Training: means the process of providing for and making available to a registered trainee appraiser, under direct supervision, a planned, prepared, and coordinated program, or routine of instruction and education, in appraisal professional and technical appraisal skills as determined by rule of the board. See Florida Statutes 475.611
  • Transaction broker: means a broker who provides limited representation to a buyer, a seller, or both, in a real estate transaction, but does not represent either in a fiduciary capacity or as a single agent. See Florida Statutes 475.01
  • Treasury shares: means shares of a corporation that belong to the issuing corporation, which shares are authorized and issued shares that are not outstanding, are not canceled, and have not been restored to the status of authorized but unissued shares. See Florida Statutes 607.01401
  • 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.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Type of entity: means a generic form of entity either:
    (a) Recognized at common law; or
    (b) Formed under an organic law, regardless of whether some entities formed under that organic law are subject to provisions of that law that create different categories of the form of entity. See Florida Statutes 607.01401
  • Uniform Accountancy Act: means the Uniform Accountancy Act, Seventh Edition, dated May 2014 and published by the American Institute of Certified Public Accountants and the National Association of State Boards of Accountancy. See Florida Statutes 473.302
  • Uniform Standards of Professional Appraisal Practice: means the most recent standards approved and adopted by the Appraisal Standards Board of The Appraisal Foundation. See Florida Statutes 475.611
  • United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Florida Statutes 607.01401
  • Unrestricted voting trust beneficial owner: means , with respect to any shareholder rights, a voting trust beneficial owner whose entitlement to exercise the shareholder right in question is not inconsistent with the voting trust agreement. See Florida Statutes 607.01401
  • Valuation services: means services pertaining to aspects of property value and includes such services performed by certified appraisers, registered trainee appraisers, and others. See Florida Statutes 475.611
  • Venue: The geographical location in which a case is tried.
  • veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 1.01
  • Veterinarian: means a health care practitioner who is licensed to engage in the practice of veterinary medicine in Florida under the authority of this chapter. See Florida Statutes 474.202
  • Veterinary medicine: includes , with respect to animals, surgery, acupuncture, obstetrics, dentistry, physical therapy, radiology, theriogenology, and other branches or specialties of veterinary medicine. See Florida Statutes 474.202
  • Vital statistics: means a system of registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this act, and activities related thereto, including the tabulation, analysis, and publication of data obtained from vital records. See Florida Statutes 382.002
  • Voluntarily inactive status: means the licensure status that results when a licensee has applied to the department to be placed on inactive status and has paid the fee prescribed by rule. See Florida Statutes 475.01
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Florida Statutes 607.01401
  • Voting trust beneficial owner: means an owner of a beneficial interest in shares of the corporation held in a voting trust established pursuant to…. See Florida Statutes 607.01401
  • Wall mural: means a sign that is a painting or an artistic work composed of photographs or arrangements of color and that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support, and is painted on the building or depicted on vinyl, fabric, or other similarly flexible material that is held in place flush or flat against the surface of the building. See Florida Statutes 479.01
  • Work file: means the documentation necessary to support an appraiser's analysis, opinions, and conclusions. See Florida Statutes 475.611
  • 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 1.01
  • Writing: means printing, typewriting, electronic communication, or other communication that is reducible to a tangible form. See Florida Statutes 607.01401
  • Zoning category: means the designation under the land development regulations or other similar ordinance enacted to regulate the use of land as provided in…. See Florida Statutes 479.01