Part I Florida Revised Uniform Limited Partnership Act of 2005 620.1101 – 620.2205
Part II Revised Uniform Partnership Act 620.81001 – 620.9902

Terms Used In Florida Statutes > Chapter 620 - Partnership Laws

  • Able to work: means physically and mentally capable of performing the duties of the occupation in which work is being sought. See Florida Statutes 443.036
  • Accessorial services: means any service performed by a mover which results in a charge to the shipper and is incidental to the transportation or shipment of household goods, including, but not limited to, valuation coverage; preparation of written inventory; equipment, including dollies, hand trucks, pads, blankets, and straps; storage, packing, unpacking, or crating of articles; hoisting or lowering; waiting time; carrying articles excessive distances to or from the mover's vehicle, which may be cited as "long carry"; overtime loading and unloading; reweighing; disassembly or reassembly; elevator or stair carrying; boxing or servicing of appliances; and furnishing of packing or crating materials. See Florida Statutes 507.01
  • Accident: means only an unexpected or unusual event or result that happens suddenly. See Florida Statutes 440.02
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • adopted: means legal adoption prior to the time of the injury. See Florida Statutes 440.02
  • Adulterated: means a medical gas that:
    (a) Consists, in whole or in part, of impurities or deleterious substances exceeding normal specifications;
    (b) Is produced, prepared, packed, or held under conditions whereby the medical gas may have been contaminated causing it to be rendered injurious to health; or if the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practices to ensure that the medical gas meets the requirements of this part as to safety and has the identity and strength and meets the quality and purity characteristics that the medical gas is represented to possess;
    (c) Is held in a container with an interior that is composed in whole or in part of a poisonous or deleterious substance that may render the contents injurious to health; or
    (d) Is represented as having a strength differing from, or quality or purity falling below, the standard set forth in the USP-NF. See Florida Statutes 499.82
  • Advertise: means to advise, announce, give notice of, publish, or call attention by use of oral, written, or graphic statement made in a newspaper or other publication or on radio or television, any electronic medium, or contained in any notice, handbill, sign, including signage on vehicle, flyer, catalog or letter, or printed on or contained in any tag or label attached to or accompanying any good. See Florida Statutes 507.01
  • Advertisement: means any representation disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of drugs, devices, or cosmetics. See Florida Statutes 499.003
  • 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.
  • Affiliate: means a legal entity that controls, is controlled by, or is under common control with another legal entity or that shares common branding with another legal entity. See Florida Statutes 501.702
  • Affiliate: means a business entity that has a relationship with another business entity in which, directly or indirectly:
    (a) The business entity controls, or has the power to control, the other business entity; or
    (b) A third party controls, or has the power to control, both business entities. See Florida Statutes 499.003
  • affiliated: includes , but is not limited to, the officers, directors, executives, shareholders active in management, employees, and agents of the affiliated corporation. See Florida Statutes 440.02
  • Affiliated party: means :
    (a) A director, officer, trustee, partner, or committee member of a permittee or applicant or a subsidiary or service corporation of the permittee or applicant;
    (b) A person who, directly or indirectly, manages, controls, or oversees the operation of a permittee or applicant, regardless of whether such person is a partner, shareholder, manager, member, officer, director, independent contractor, or employee of the permittee or applicant;
    (c) A person who has filed or is required to file a personal information statement pursuant to…. See Florida Statutes 499.003
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Aftermarket crash part: means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels. See Florida Statutes 501.32
  • Agency: means the Agency for Health Care Administration. See Florida Statutes 440.02
  • Aggregate consumer information: means information that relates to a group or category of consumers from which the identity of an individual consumer has been removed and is not reasonably capable of being directly or indirectly associated or linked with any consumer, household, or device. See Florida Statutes 501.702
  • Agreement materials: means those materials licensed by the state, under agreement with the United States Nuclear Regulatory Commission or its successor agency, which include byproduct, source, or special nuclear materials in a quantity not sufficient to form a critical mass, as defined by the Atomic Energy Act of 1954, as amended. See Florida Statutes 404.031
  • Agreement state: means any state which has consummated an agreement with the United States Nuclear Regulatory Commission under the authority of…. See Florida Statutes 404.031
  • agricultural labor: includes field foremen, timekeepers, checkers, and other farm labor supervisory personnel. See Florida Statutes 440.02
  • Agricultural labor: means any remunerated service performed:
    (a) On a farm, in the employ of any person, in connection with cultivating the soil or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife. See Florida Statutes 443.036
  • Allegation: something that someone says happened.
  • Alternative container: means an unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and that is made of fiberboard, pressed wood, composition materials (with or without an outside covering), or like materials. See Florida Statutes 497.005
  • 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.
  • American aircraft: means an aircraft registered under the laws of the United States. See Florida Statutes 443.036
  • American employer: means :
    (a) An individual who is a resident of the United States. See Florida Statutes 443.036
  • American vessel: means any vessel documented or numbered under the laws of the United States. See Florida Statutes 443.036
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a person applying for a permit or certification under this part. See Florida Statutes 499.003
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • articles of incorporation: as used in this chapter shall be deemed to include the articles of conversion of a converted corporation. See Florida Statutes 425.17
  • 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.
  • authenticated: means to verify or the state of having been verified, respectively, through reasonable means that the consumer who is entitled to exercise the consumer's rights under…. See Florida Statutes 501.702
  • Available for work: means actively seeking and being ready and willing to accept suitable work. See Florida Statutes 443.036
  • Bank of belowground crypts: means any construction unit of belowground crypts that is acceptable to the department and that a cemetery uses to initiate its belowground crypt program or to add to existing belowground crypt structures. See Florida Statutes 497.005
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Barrier: means a fence, dwelling wall, or nondwelling wall, or any combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, especially access from the residence or from the yard outside the barrier. See Florida Statutes 515.25
  • Base period: means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year. See Florida Statutes 443.036
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Belowground crypts: consist of interment space in preplaced chambers, either side by side or multiple depth, covered by earth and sod and known also as "lawn crypts" "westminsters" or "turf-top crypts. See Florida Statutes 497.005
  • 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
  • Beneficiary: means a natural person expressly identified in a preneed contract as the person for whom funeral merchandise or services are intended. See Florida Statutes 497.005
  • Benefit year: means , for an individual, the 1-year period beginning with the first day of the first week for which the individual first files a valid claim for benefits and, thereafter, the 1-year period beginning with the first day of the first week for which the individual next files a valid claim for benefits after the termination of his or her last preceding benefit year. See Florida Statutes 443.036
  • Benefits: means the money payable to an individual, as provided in this chapter, for his or her unemployment. See Florida Statutes 443.036
  • Bequest: Property gifted by will.
  • bill of lading: means a written document approved by the shipper in writing before the performance of any service which authorizes services from the named mover and lists the services and all costs associated with the household move and accessorial services to be performed. See Florida Statutes 507.01
  • Biometric data: means data generated by automatic measurements of an individual's biological characteristics. See Florida Statutes 501.702
  • blood: means whole blood collected from a single donor and processed for transfusion or further manufacturing, and the term "blood components" means that part of the blood separated by physical or mechanical means. See Florida Statutes 499.003
  • Board: means the Board of Funeral, Cemetery, and Consumer Services. See Florida Statutes 497.005
  • Board: means the Florida Fire Safety Board. See Florida Statutes 633.102
  • broker: means a person who, for compensation, arranges for another person to load, transport or ship, or unload household goods as part of a household move or who, for compensation, refers a shipper to a mover by telephone, postal or electronic mail, Internet website, or other means. See Florida Statutes 507.01
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • Bulk milk pickup tanker: means a vehicle, including the truck and tank and those appurtenances necessary for its use, that is used to transport bulk raw milk for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processing after packaging from a dairy farm to a milk plant, receiving station, or transfer station. See Florida Statutes 502.012
  • Burial right: means the right to use a grave space, mausoleum, columbarium, ossuary, or scattering garden for the interment, entombment, inurnment, or other disposition of human remains or cremated remains. See Florida Statutes 497.005
  • butterfat: means the fat contained in milk. See Florida Statutes 502.012
  • Byproduct material: means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. See Florida Statutes 404.031
  • Calendar quarter: means each period of 3 consecutive calendar months ending on March 31, June 30, September 30, and December 31 of each year. See Florida Statutes 443.036
  • Care and maintenance: means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments in a well-cared-for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community. See Florida Statutes 497.005
  • carrier: as used in this chapter , means an insurer as defined in this subsection. See Florida Statutes 440.02
  • Casket: means a rigid container that is designed for the encasement of human remains and that is usually constructed of wood or metal, ornamented, and lined with fabric. See Florida Statutes 497.005
  • Casual labor: means labor that is occasional, incidental, or irregular, not exceeding 200 person-hours in total duration. See Florida Statutes 443.036
  • Cemetery: means a place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains. See Florida Statutes 497.005
  • Cemetery company: means any legal entity that owns or controls cemetery lands or property. See Florida Statutes 497.005
  • Centralized embalming facility: means a facility in which embalming takes place that operates independently of a funeral establishment licensee and that offers embalming services to funeral directors for a fee. See Florida Statutes 497.005
  • Certificate of free sale: means a document prepared by the department which certifies a drug or device that is registered with the department as one that can be legally sold in the state. See Florida Statutes 499.003
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child: means an individual younger than 18 years of age. See Florida Statutes 501.702
  • Child: includes a posthumous child, a child legally adopted prior to the injury of the employee, and a stepchild or acknowledged child born out of wedlock dependent upon the deceased, but does not include married children unless wholly dependent on the employee. See Florida Statutes 440.02
  • Child care: means the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care. See Florida Statutes 402.302
  • Child care facility: includes any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. See Florida Statutes 402.302
  • Child care personnel: means all owners, operators, employees, and volunteers working in a child care facility. See Florida Statutes 402.302
  • Child welfare provider: means a licensed child-caring or child-placing agency. See Florida Statutes 402.302
  • Cinerator: means a facility where dead human bodies are subjected to cremation. See Florida Statutes 497.005
  • 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 a party who has contracted with an employee leasing company to provide a worker, or workers, to perform services for the client. See Florida Statutes 443.036
  • Closed pharmacy: means a pharmacy that is licensed under chapter 465 and purchases prescription drugs for use by a limited patient population and not for wholesale distribution or sale to the public. See Florida Statutes 499.003
  • Color: includes black, white, and intermediate grays. See Florida Statutes 499.003
  • Color additive: means , with the exception of any material that has been or hereafter is exempt under the federal act, a material that:
    (a) Is a dye pigment, or other substance, made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity from a vegetable, animal, mineral, or other source; or
    (b) When added or applied to a drug or cosmetic or to the human body, or any part thereof, is capable alone, or through reaction with other substances, of imparting color thereto. See Florida Statutes 499.003
  • Columbarium: means a structure or building that is substantially exposed above the ground and that is intended to be used for the inurnment of cremated remains. See Florida Statutes 497.005
  • Commercial low-level radioactive waste management facility: means a parcel of land, together with the structures, equipment, and improvements thereon or appurtenant thereto, which is used or is being developed by a person for the treatment, storage, or disposal of low-level radioactive waste other than that person's own generated waste. See Florida Statutes 404.031
  • Commercial low-level radioactive waste management license: means a specific license issued, after application, to a person to construct, operate, or provide for the closure and stabilization of a treatment, storage, or disposal facility in order to treat, store, or dispose of low-level radioactive waste other than that person's own generated waste. See Florida Statutes 404.031
  • Commercial telephone seller: means a person who engages in commercial telephone solicitation on his or her own behalf or through salespersons. See Florida Statutes 501.603
  • Commercial telephone solicitation: means :
    (a) An unsolicited telephone call to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine used in accordance with the provisions of…. See Florida Statutes 501.603
  • Commission: means the Reemployment Assistance Appeals Commission. See Florida Statutes 443.036
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common business enterprise: means a group of two or more business entities that share common ownership in excess of 50 percent. See Florida Statutes 497.005
  • common control: means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, by voting rights, by contract, or otherwise. See Florida Statutes 499.003
  • 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.
  • Compensation: means the money allowance payable to an employee or to his or her dependents as provided for in this chapter. See Florida Statutes 440.02
  • Compensation: means money, fee, emolument, quid pro quo, barter, remuneration, pay, reward, indemnification, or satisfaction. See Florida Statutes 507.01
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction design professional: means an architect, professional engineer, landscape architect, or surveyor and mapper, or any corporation, professional or general, that has a certificate to practice in the construction design field from the Department of Business and Professional Regulation. See Florida Statutes 440.02
  • Construction industry: means for-profit activities involving any building, clearing, filling, excavation, or substantial improvement in the size or use of any structure or the appearance of any land. See Florida Statutes 440.02
  • Consumer: means an individual who is a resident of or is domiciled in this state acting only in an individual or household context. See Florida Statutes 501.702
  • Consumer: means an individual; child, by and through its parent or legal guardian; business; firm; association; joint venture; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; any commercial entity, however denominated; or any other group or combination. See Florida Statutes 501.203
  • Consumer goods or services: means any real property or any tangible or intangible personal property which is normally used for personal, family, or household purposes or any property of any nature which is solicited for the purpose of providing a profit or investment opportunity, including, without limitation, any such property intended to be attached to or installed in any real property, without regard to whether it is so attached or installed, as well as timeshare estates and licenses, and any services related to such property. See Florida Statutes 501.603
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contraband prescription drug: means any adulterated drug, as defined in…. See Florida Statutes 499.003
  • Contract: A legal written agreement that becomes binding when signed.
  • Contributing employer: means an employer who is liable for contributions under this chapter. See Florida Statutes 443.036
  • Contribution: means a payment of payroll tax to the Unemployment Compensation Trust Fund which is required under this chapter to finance reemployment assistance benefits. See Florida Statutes 443.036
  • control: means :
  • Control: means the possession, directly or indirectly, through the ownership of voting shares, by contract, arrangement, understanding, relationship, or otherwise, of the power to direct or cause the direction of the management and policies of a person or entity. See Florida Statutes 497.005
  • controlled: means any of the following:
    (a) The ownership of, or power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company. See Florida Statutes 501.702
  • Controller: means :
    (a) A sole proprietorship, partnership, limited liability company, corporation, association, or legal entity that meets the following requirements:
  • 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.
  • Cosmetic: means an article, with the exception of soap, that is:
    (a) Intended to be rubbed, poured, sprinkled, or sprayed on; introduced into; or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance; or
    (b) Intended for use as a component of any such article. See Florida Statutes 499.003
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Cremated remains: means all the remains of the human body recovered after the completion of the cremation process, including processing or pulverization that leaves only bone fragments reduced to unidentifiable dimensions and may include the residue of any foreign matter, including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Florida Statutes 497.005
  • Cremation: means any mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments. See Florida Statutes 497.005
  • Cremation chamber: means the enclosed space within which the cremation process takes place. See Florida Statutes 497.005
  • Cremation container: means the casket or alternative container in which the human remains are transported to and placed in the cremation chamber for a cremation. See Florida Statutes 497.005
  • Cremation interment container: means a rigid outer container that, subject to a cemetery's rules and regulations, is composed of concrete, steel, fiberglass, or some similar material in which an urn is placed prior to being interred in the ground and that is designed to support the earth above the urn. See Florida Statutes 497.005
  • Crew leader: means an individual who:
    (a) Furnishes individuals to perform service in agricultural labor for another person. See Florida Statutes 443.036
  • Customer: includes a customer's designated agent. See Florida Statutes 501.975
  • Dairy farm: means any place or premises where one or more lactating animals, including cows, goats, sheep, water buffalo, or other hooved mammals, are kept for milking purposes, and from which a part or all of the milk is provided, sold, or offered for sale. See Florida Statutes 502.012
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dark pattern: means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decisionmaking, or choice. See Florida Statutes 501.702
  • Date of maximum medical improvement: means the date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability. See Florida Statutes 440.02
  • dead human bodies: means the body of a deceased human person for which a death certificate or fetal death certificate is required under chapter 382 and includes the body in any stage of decomposition. See Florida Statutes 497.005
  • Dealer: means a motor vehicle dealer as defined in…. See Florida Statutes 501.975
  • Dealer: means any person, firm, corporation, or other entity selling, brokering, or transferring ether to anyone other than a licensed ether manufacturer, distributor, or dealer. See Florida Statutes 499.61
  • Decedent: A deceased person.
  • Decision that produces a legal or similarly significant effect concerning a consumer: means a decision made by a controller which results in the provision or denial by the controller of any of the following:
    (a) Financial and lending services. See Florida Statutes 501.702
  • 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.
  • Deidentified data: means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual. See Florida Statutes 501.702
  • Demand letter: means a written communication, including e-mail, asserting or claiming that a person has engaged in patent infringement. See Florida Statutes 501.992
  • Department: means the Department of Health. See Florida Statutes 514.011
  • Department: means the Department of Health. See Florida Statutes 515.25
  • Department: means the Department of Legal Affairs. See Florida Statutes 501.203
  • Department: means the Department of Children and Families. See Florida Statutes 402.302
  • Department: means the Department of Health. See Florida Statutes 404.031
  • Department: means the Department of Financial Services; the term does not include the Financial Services Commission or any office of the commission. See Florida Statutes 440.02
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 499.003
  • Department: means the Department of Economic Opportunity. See Florida Statutes 445.002
  • Department: means the Florida Department of State or its designee charged with the administration of this chapter. See Florida Statutes 495.011
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 502.012
  • Department: means the Department of Financial Services. See Florida Statutes 633.102
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 499.61
  • Department: means the Department of Financial Services. See Florida Statutes 497.005
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 499.82
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 507.01
  • Department: means the Department of Health and includes its representative county health departments. See Florida Statutes 513.01
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 501.603
  • 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.
  • Device: means any instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including its components, parts, or accessories, which is:
    (a) Recognized in the current edition of the United States Pharmacopoeia and National Formulary, or any supplement thereof,
    (b) Intended for use in the diagnosis, cure, mitigation, treatment, therapy, or prevention of disease in humans or other animals, or
    (c) Intended to affect the structure or any function of the body of humans or other animals,

    and that does not achieve any of its principal intended purposes through chemical action within or on the body of humans or other animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes. See Florida Statutes 499.003

  • Devise: To gift property by will.
  • Direct disposal establishment: means a facility licensed under this chapter where a direct disposer practices direct disposition. See Florida Statutes 497.005
  • Direct disposer: means any person licensed under this chapter to practice direct disposition in this state. See Florida Statutes 497.005
  • Direct supervision: means supervision by a licensed:
    (a) Funeral director who provides initial direction and periodic inspection of the arrangements and who is physically present or on the premises of the funeral establishment at all times when the tasks, functions, and duties relating to funeral directing are performed; or
    (b) Embalmer who provides initial direction and instruction regarding the preservation of a dead human body in its entirety or in part and who is physically present or on the premises of the funeral establishment or embalming facility at all times when the tasks, functions, and duties relating to embalming are performed. See Florida Statutes 497.005
  • Director: means the Director of the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. See Florida Statutes 509.013
  • Director: means the director of the Division of Funeral, Cemetery, and Consumer Services. See Florida Statutes 497.005
  • Disability: means incapacity because of the injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury. See Florida Statutes 440.02
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disinterment: means removal of a dead human body from earth interment or aboveground interment. See Florida Statutes 497.005
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • distribution: means to sell, purchase, trade, deliver, handle, store, or receive. See Florida Statutes 499.003
  • distribution: means to sell; offer to sell; deliver; offer to deliver; transfer by either the passage of title, physical movement, or both; broker; or give away a medical gas. See Florida Statutes 499.82
  • Distributor: means any person, firm, corporation, or other entity distributing, selling, marketing, transferring, or otherwise supplying ether to retailers, dealers, or any other entity in the primary channel of trade, but does not include retailers. See Florida Statutes 499.61
  • Division: means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. See Florida Statutes 509.013
  • Division: means the Division of Workers' Compensation of the Department of Financial Services. See Florida Statutes 440.02
  • Division: means the Division of State Fire Marshal within the Department of Financial Services. See Florida Statutes 633.102
  • Division: means the Division of Funeral, Cemetery, and Consumer Services within the Department of Financial Services. See Florida Statutes 497.005
  • Docket: A log containing brief entries of court proceedings.
  • Domestic individual self-insurer: means an individual self-insurer:
    (a) Which is a corporation formed under the laws of this state;
    (b) Who is an individual who is a resident of this state or whose primary place of business is located in this state; or
    (c) Which is a partnership whose principals are residents of this state or whose primary place of business is located in this state. See Florida Statutes 440.02
  • Donor: The person who makes a gift.
  • Drug: means an article that is:
    (a) Recognized in the current edition of the United States Pharmacopoeia and National Formulary, official Homeopathic Pharmacopoeia of the United States, or any supplement to any of those publications;
    (b) Intended for use in the diagnosis, cure, mitigation, treatment, therapy, or prevention of disease in humans or other animals;
    (c) Intended to affect the structure or any function of the body of humans or other animals; or
    (d) Intended for use as a component of any article specified in paragraph (a), paragraph (b), or paragraph (c), and includes active pharmaceutical ingredients, but does not include devices or their nondrug components, parts, or accessories. See Florida Statutes 499.003
  • duration: means the period of time from the commencement to the completion of the particular job or project. See Florida Statutes 443.036
  • Earned income: means gross remuneration derived from work, professional service, or self-employment. See Florida Statutes 443.036
  • Educational institution: means an institution, except for an institution of higher education:
    (a) In which participants, trainees, or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes, or abilities from, by, or under the guidance of, an instructor or teacher;
    (b) That is approved, licensed, or issued a permit to operate as a school by the Department of Education or other governmental agency that is authorized within the state to approve, license, or issue a permit for the operation of a school; and
    (c) That offers courses of study or training which are academic, technical, trade, or preparation for gainful employment in a recognized occupation. See Florida Statutes 443.036
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Embalmer: means any person licensed under this chapter to practice embalming in this state. See Florida Statutes 497.005
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency: means any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency, and further means any condition existing within or outside the jurisdictional confines of a facility licensed by the department and arising from byproduct material, source material, special nuclear materials, or other radioactive materials, which is endangering, or could reasonably be expected to endanger, the health and safety of the public or to contaminate the environment. See Florida Statutes 404.031
  • Emergency medical reasons: include :
    (a) Transfers between wholesale distributors or between a wholesale distributor and a retail pharmacy or health care entity to alleviate a temporary shortage of a medical gas arising from a long-term delay or interruption of regular distribution schedules. See Florida Statutes 499.82
  • Emergency use oxygen: means oxygen USP administered in emergency situations without a prescription for oxygen deficiency and resuscitation. See Florida Statutes 499.82
  • Employee: includes any person who is an officer of a corporation and who performs services for remuneration for such corporation within this state, whether or not such services are continuous. See Florida Statutes 440.02
  • Employee leasing company: means an employing unit that has a valid and active license under chapter 468 and that maintains the records required by…. See Florida Statutes 443.036
  • Employer: means the state and all political subdivisions thereof, all public and quasi-public corporations therein, every person carrying on any employment, and the legal representative of a deceased person or the receiver or trustees of any person. See Florida Statutes 440.02
  • Employer: means an employing unit subject to this chapter under…. See Florida Statutes 443.036
  • Employing unit: means an individual or type of organization, including a partnership, limited liability company, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign; the receiver, trustee in bankruptcy, trustee, or successor of any of the foregoing; or the legal representative of a deceased person, which has or had in its employ one or more individuals performing services for it within this state. See Florida Statutes 443.036
  • Employment: includes :
  • Employment: means a service subject to this chapter under…. See Florida Statutes 443.036
  • Enforcing authority: means the office of the state attorney if a violation of this part occurs in or affects the judicial circuit under the office's jurisdiction. See Florida Statutes 501.203
  • Enforcing authority: means the Department of Agriculture and Consumer Services or the office of the state attorney if a violation of this part occurs in or affects the judicial circuit under the jurisdiction of the office of the state attorney. See Florida Statutes 501.603
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Establishment: means a place of business which is at one general physical location and may extend to one or more contiguous suites, units, floors, or buildings operated and controlled exclusively by entities under common operation and control. See Florida Statutes 499.003
  • Estimate: means a written document that sets forth the total costs and describes the basis of those costs, relating to a shipper's household move, including, but not limited to, the loading, transportation or shipment, and unloading of household goods and accessorial services. See Florida Statutes 507.01
  • Ether: means diethyl ether in any form. See Florida Statutes 499.61
  • 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.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fair market value: means the fair market value of assets held by a trust as of a specific date, assuming all assets of the trust are sold on that specific date. See Florida Statutes 497.005
  • Family day care home: means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. See Florida Statutes 402.302
  • farm: includes stock, dairy, poultry, fruit, fur-bearing animals, fish, and truck farms, ranches, nurseries, and orchards. See Florida Statutes 440.02
  • Farm: includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. See Florida Statutes 443.036
  • Federal act: means the Federal Food, Drug, and Cosmetic Act, 21 U. See Florida Statutes 499.003
  • Federal act: means the Federal Food, Drug, and Cosmetic Act. See Florida Statutes 499.82
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Final disposition: means the final disposal of a dead human body by earth interment, aboveground interment, cremation, burial at sea, anatomical donation, or delivery to a medical institution for lawful dissection if the medical institution or entity receiving the anatomical donation assumes responsibility for disposition after use pursuant to…. See Florida Statutes 497.005
  • Final judgment: means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired. See Florida Statutes 501.203
  • Firefighter: means an individual who holds a current and valid Firefighter Certificate of Compliance or Special Certificate of Compliance issued by the division under…. See Florida Statutes 633.102
  • Firesafety inspector: means an individual who holds a current and valid Fire Safety Inspector Certificate of Compliance issued by the division under…. See Florida Statutes 633.102
  • 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.
  • For cause: includes , but is not limited to, engaging in fraud or other criminal acts, incapacity, unfitness, neglect of duty, official incompetence and irresponsibility, misfeasance, malfeasance, nonfeasance, gross mismanagement, waste, or lack of performance. See Florida Statutes 445.002
  • 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 individual self-insurer: means an individual self-insurer:
    (a) Which is a corporation formed under the laws of any state, district, territory, or commonwealth of the United States other than this state;
    (b) Who is an individual who is not a resident of this state and whose primary place of business is not located in this state; or
    (c) Which is a partnership whose principals are not residents of this state and whose primary place of business is not located in this state. See Florida Statutes 440.02
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Freight forwarder: means a person who receives prescription drugs which are owned by another person and designated by that person for export, and exports those prescription drugs. See Florida Statutes 499.003
  • Frozen dessert: means a specific standardized frozen dessert described in 21 C. See Florida Statutes 502.012
  • Fund: means the Unemployment Compensation Trust Fund created under this chapter, into which all contributions and reimbursements required under this chapter are deposited and from which all benefits provided under this chapter are paid. See Florida Statutes 443.036
  • Funeral director: means any person licensed under this chapter to practice funeral directing in this state. See Florida Statutes 497.005
  • Funeral establishment: means a facility licensed under this chapter where a funeral director or embalmer practices funeral directing or embalming. See Florida Statutes 497.005
  • funeral service: means the observances, services, or ceremonies held to commemorate the life of a specific deceased human being and at which the human remains are present. See Florida Statutes 497.005
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General supervision: means supervision by a licensed:
    (a) Funeral director who is reasonably available and in a position to provide direction and guidance by being physically present, being on the premises of the funeral establishment, or being in proximity to the funeral establishment and available telephonically or by electronic communication at all times when the tasks, functions, and duties relating to funeral directing are performed; or
    (b) Embalmer who is reasonably available and in a position to provide direction and guidance by being physically present, being on the premises of the funeral establishment or embalming facility, or being in proximity to the funeral establishment or embalming facility and available telephonically or by electronic communication at all times when the tasks, functions, and duties relating to embalming are performed. See Florida Statutes 497.005
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • goods: means personal effects or other personal property commonly found in a home, personal residence, or other dwelling, including, but not limited to, household furniture. See Florida Statutes 507.01
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grandchild: means a child as above defined of a child as above defined. See Florida Statutes 440.02
  • Grantor: The person who establishes a trust and places property into it.
  • Grave space: means a space of ground in a cemetery intended to be used for the interment in the ground of human remains. See Florida Statutes 497.005
  • 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.
  • Guest: means any patron, customer, tenant, lodger, boarder, or occupant of a public lodging establishment or public food service establishment. See Florida Statutes 509.013
  • Health care entity: means a closed pharmacy or any person, organization, or business entity that provides diagnostic, medical, surgical, or dental treatment or care, or chronic or rehabilitative care, but does not include any wholesale distributor or retail pharmacy licensed under state law to deal in prescription drugs. See Florida Statutes 499.003
  • Health care facility: means a health care facility licensed under chapter 395. See Florida Statutes 499.003
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • High quarter: means the quarter in an individual's base period in which the individual has the greatest amount of wages paid, regardless of the number of employers paying wages in that quarter. See Florida Statutes 443.036
  • Hospice: means a corporation licensed under part IV of chapter 400. See Florida Statutes 499.003
  • Hospital: means an institution that is licensed, certified, or approved by the Agency for Health Care Administration as a hospital. See Florida Statutes 443.036
  • Hospital: means a facility as defined in…. See Florida Statutes 499.003
  • Identified or identifiable individual: means a consumer who can be readily identified, directly or indirectly. See Florida Statutes 501.702
  • Income: means earnings on trust assets, including interest, dividends, and other income earned on the principal. See Florida Statutes 497.005
  • 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 both natural persons and legal entities. See Florida Statutes 497.005
  • Individual: means a single human being and does not mean a firm, association of individuals, corporation, partnership, joint venture, sole proprietorship, or any other entity. See Florida Statutes 501.603
  • Individual self-insurer: means any employer who has secured payment of compensation pursuant to…. See Florida Statutes 440.02
  • Indoor swimming pool: means a swimming pool that is totally contained within a building and surrounded on all four sides by walls of or within the building. See Florida Statutes 515.25
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Injury: means personal injury or death by accident arising out of and in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury. See Florida Statutes 440.02
  • insolvent: means :
    (a) With respect to an individual self-insurer:
  • Insolvent member: means an individual self-insurer which is a member of the Florida Self-Insurers Guaranty Association, Incorporated, or which was a member and has withdrawn pursuant to…. See Florida Statutes 440.02
  • Institution of higher education: means an educational institution as defined in 20 U. See Florida Statutes 501.992
  • Institution of higher education: means an educational institution that:
    (a) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of a certificate of graduation;
    (b) Is legally authorized in this state to provide a program of education beyond high school;
    (c) Provides an educational program for which it awards a bachelor's or higher degree, or provides a program that is acceptable for full credit toward a bachelor's or higher degree; a program of postgraduate or postdoctoral studies; or a program of training to prepare students for gainful employment in a recognized occupation; and
    (d) Is a public or other nonprofit institution. See Florida Statutes 443.036
  • Insured work: means employment for employers. See Florida Statutes 443.036
  • Insurer: means a group self-insurers' fund authorized by…. See Florida Statutes 440.02
  • Insurer: includes an insurance company and any person authorized to represent the insurer with respect to a claim and who is parting within the scope of the person's authority. See Florida Statutes 501.32
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living 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
  • 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.
  • Ionizing radiation: means gamma rays and X rays, alpha and beta particles, high-speed electrons, protons, neutrons, and other nuclear particles, but not sound or radio waves or infrared, ultraviolet, or visible light. See Florida Statutes 404.031
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Known child: means a child under circumstances of which a controller has actual knowledge of, or willfully disregards, the child's age. See Florida Statutes 501.702
  • Label: means a display of written, printed, or graphic matter upon the immediate container of any drug, device, or cosmetic. See Florida Statutes 499.003
  • Labeling: means all labels and other written, printed, or graphic matters:
    (a) Upon a drug, device, or cosmetic, or any of its containers or wrappers; or
    (b) Accompanying or related to such drug, device, or cosmetic. See Florida Statutes 499.003
  • Large family child care home: means an occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises during the hours of operation. See Florida Statutes 402.302
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Leave of absence: means a temporary break in service to an employer, for a specified period of time, during which the employing unit guarantees the same or a comparable position to the worker at the expiration of the leave. See Florida Statutes 443.036
  • Legally authorized person: means , in the priority listed:
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: includes all authorizations required or issued under this chapter, except where expressly indicated otherwise, and shall be understood to include authorizations previously referred to as registrations or certificates of authority in chapters 470 and 497 as those chapters appeared in the 2004 edition of the Florida Statutes. See Florida Statutes 497.005
  • Licensee: means the person or entity holding any license or other authorization issued under this chapter, except where expressly indicated otherwise. See Florida Statutes 497.005
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lodging park: means a place set aside and offered by a person, for either direct or indirect remuneration of the operator of the place, in which 75 percent of the mobile homes or recreational vehicles or combination thereof are owned by the operator and offered for rent to the public and which is not licensed under chapter 509. See Florida Statutes 513.01
  • Manufacture: means the preparation, deriving, compounding, propagation, processing, producing, or fabrication of any drug, device, or cosmetic. See Florida Statutes 499.003
  • Manufacturer: means :
    (a) A person who holds a New Drug Application, an Abbreviated New Drug Application, a Biologics License Application, or a New Animal Drug Application approved under the federal act or a license issued under…. See Florida Statutes 499.003
  • Manufacturer: means any person, firm, corporation, or other entity preparing, deriving, producing, synthesizing, or otherwise making ether in any form or repacking, relabeling, or manipulating ether. See Florida Statutes 499.61
  • Mausoleum: means a structure or building that is substantially exposed above the ground and that is intended to be used for the entombment of human remains. See Florida Statutes 497.005
  • Mausoleum section: means any construction unit of a mausoleum that is acceptable to the department and that a cemetery uses to initiate its mausoleum program or to add to its existing mausoleum structures. See Florida Statutes 497.005
  • mechanism: means a system that is purchased by a person on a prepaid basis, that enables access to the funds via an authorization code or other security measure, and that is not directly used as a general-use prepaid card. See Florida Statutes 501.603
  • Medical convenience kit: means packages or units that contain combination products as defined in 21 C. See Florida Statutes 499.003
  • Medical gas: means any liquefied or vaporized gas that is a prescription drug, whether alone or in combination with other gases, and as defined in the federal act. See Florida Statutes 499.003
  • Medical gas: means a liquefied or vaporized gas that is a prescription drug, whether alone or in combination with other gases, and as defined in the federal act. See Florida Statutes 499.82
  • Medical gas-related equipment: means a device used as a component part or accessory used to contain or control the flow, delivery, or pressure during the administration of a medical gas, such as liquid oxygen base and portable units, pressure regulators and flow meters, and oxygen concentrators. See Florida Statutes 499.82
  • Medical oxygen: means oxygen USP which must be labeled in compliance with labeling requirements for oxygen under the federal act. See Florida Statutes 499.82
  • merchandise: means any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains, including, but not limited to, caskets, outer burial containers, alternative containers, cremation containers, cremation interment containers, urns, monuments, private mausoleums, flowers, benches, vases, acknowledgment cards, register books, memory folders, prayer cards, and clothing. See Florida Statutes 497.005
  • Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, goats, sheep, water buffalo, or other hooved mammals. See Florida Statutes 502.012
  • Milk distributor: means any person who offers for sale or sells to another person any milk or milk product. See Florida Statutes 502.012
  • Milk hauler: means any person who transports raw milk or raw milk products to or from a milk plant, receiving station, or transfer station. See Florida Statutes 502.012
  • Milk plant: means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, ultra-pasteurized, aseptically processed and packaged, retort processed after packaging, condensed, dried, packaged, bottled, or prepared for distribution. See Florida Statutes 502.012
  • Milk plant operator: means any person responsible for receiving, processing, pasteurizing, or packaging milk and milk products, or performing any other related operation. See Florida Statutes 502.012
  • Milk products: means products made with milk that is processed in some manner, including being whipped, acidified, cultured, concentrated, lactose-reduced, or sodium-reduced or aseptically processed, or having the addition or subtraction of milkfat, the addition of safe and suitable microbial organisms, or the addition of safe and suitable optional ingredients for protein, vitamin, or mineral fortification. See Florida Statutes 502.012
  • Milk tank truck: means either a bulk milk pickup tanker or a milk transport tank. See Florida Statutes 502.012
  • Milk transport tank: means a vehicle, including the truck and tank, used by a bulk milk hauler/sampler or a milk hauler to transport bulk shipments of milk from a milk plant, receiving station, or transfer station to another milk plant, receiving station, or transfer station. See Florida Statutes 502.012
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • Minority leader: See Floor Leaders
  • Misbranded: means having a label that is false or misleading; a label without the name and address of the manufacturer, packer, or distributor and without an accurate statement of the quantities of active ingredients; or a label without an accurate monograph for the medical gas, except in the case of mixtures of designated medical gases where the label identifies the component percentages of each designated medical gas used to make the mixture. See Florida Statutes 499.82
  • Misconduct: includes , but is not limited to, the following, which shall not be construed in pari materia with each other:
    (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of the employee; or
    (b) Carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of an employer's interests or of the employee's duties and obligations to the employer. See Florida Statutes 440.02
  • Mobile home: means a residential structure that is transportable in one or more sections, which structure is 8 body feet (2. See Florida Statutes 513.01
  • Mobile home park: means a place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more mobile homes. See Florida Statutes 513.01
  • Monetary determination: means a determination of whether and in what amount a claimant is eligible for benefits based on the claimant's employment during the base period of the claim. See Florida Statutes 443.036
  • money transfer provider: means a person or financial institution that provides cash-to-cash money transfers for a person in the normal course of its business, regardless of whether the person holds an account with such person or financial institution. See Florida Statutes 501.603
  • Monument: means any product used for identifying a grave site and cemetery memorials of all types, including monuments, markers, and vases. See Florida Statutes 497.005
  • Monument establishment: means a facility that operates independently of a cemetery or funeral establishment and that offers to sell monuments or monument services to the public for placement in a cemetery. See Florida Statutes 497.005
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • move: means the loading of household goods into a vehicle, moving container, or other mode of transportation or shipment; the transportation or shipment of those household goods; and the unloading of those household goods, when the transportation or shipment originates and terminates at one of the following ultimate locations, regardless of whether the mover temporarily stores the goods while en route between the originating and terminating locations:
    (a) From one dwelling to another dwelling;
    (b) From a dwelling to a storehouse or warehouse that is owned or rented by the shipper or the shipper's agent; or
    (c) From a storehouse or warehouse that is owned or rented by the shipper or the shipper's agent to a dwelling. See Florida Statutes 507.01
  • Mover: means a person who, for compensation, contracts for or engages in the loading, transportation or shipment, or unloading of household goods as part of a household move. See Florida Statutes 507.01
  • Moving container: means a receptacle holding at least 200 cubic feet of volume which is used to transport or ship household goods as part of a household move. See Florida Statutes 507.01
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Net income: means , in relation to a trust, ordinary income minus any income distributions for items such as trust expenses. See Florida Statutes 497.005
  • Net worth: means total assets minus total liabilities pursuant to generally accepted accounting principles. See Florida Statutes 497.005
  • New drug: means :
    (a) Any drug the composition of which is such that the drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling of that drug; or
    (b) Any drug the composition of which is such that the drug, as a result of investigations to determine its safety and effectiveness for use under certain conditions, has been recognized for use under such conditions, but which drug has not, other than in those investigations, been used to a material extent or for a material time under such conditions. See Florida Statutes 499.003
  • Niche: means a compartment or cubicle for the memorialization or permanent placement of a container or urn containing cremated remains. See Florida Statutes 497.005
  • 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.
  • Nonmonetary determination: means a determination of the claimant's eligibility for benefits based on an issue other than monetary entitlement and benefit overpayment. See Florida Statutes 443.036
  • Nonprofit organization: means any of the following:
    (a) An organization exempt from federal taxation under…. See Florida Statutes 501.702
  • Nontransient: means a guest in nontransient occupancy. See Florida Statutes 509.013
  • Nontransient occupancy: means occupancy when it is the intention of the parties that the occupancy will not be temporary. See Florida Statutes 509.013
  • Nontransient public lodging establishment: means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests for periods of at least 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests for periods of at least 30 days or 1 calendar month. See Florida Statutes 509.013
  • Novelty payment: means a payment method that does not provide systematic monitoring to detect and deter fraud. See Florida Statutes 501.603
  • 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.
  • Occupancy: means the length of time that a recreational vehicle is occupied by a transient guest and not the length of time that such vehicle is located on the leased recreational vehicle site. See Florida Statutes 513.01
  • 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
  • Office of Insurance Regulation: means the Office of Insurance Regulation of the Financial Services Commission. See Florida Statutes 440.02
  • Office of Program Policy Analysis and Government Accountability: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
  • officer of a corporation: includes a member owning at least 10 percent of a limited liability company as defined in and organized pursuant to chapter 605. See Florida Statutes 440.02
  • Official compendium: means the current edition of the official United States Pharmacopoeia and National Formulary, or any supplement thereto. See Florida Statutes 499.003
  • One-stop career center: means a service site established and maintained as part of the one-stop delivery system under…. See Florida Statutes 443.036
  • Operator: means the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public lodging establishment or public food service establishment. See Florida Statutes 509.013
  • Operator: means the owner, operator, keeper, lessor, proprietor, manager, assistant manager, desk clerk, agent, or employee of a mobile home, lodging, or recreational vehicle park or a recreational camp who is designated by the permittee as the individual solely responsible for the daily operation of the park or camp and its compliance with this chapter and the rules adopted under this chapter. See Florida Statutes 513.01
  • Order: means a cease and desist order issued by the enforcing authority as set forth in…. See Florida Statutes 501.203
  • ordinary income: means , in relation to a trust, any earnings on trust assets, including interest and dividends received on property derived from the use of the trust principal, but does not include capital gains or capital losses. See Florida Statutes 497.005
  • Ossuary: means a receptacle used for the communal placement of cremated remains without benefit of an urn or any other container in which cremated remains may be commingled with other cremated remains and are nonrecoverable. See Florida Statutes 497.005
  • Outer burial container: means an enclosure into which a casket is placed and includes, but is not limited to, vaults made of concrete, steel, fiberglass, or copper; sectional concrete enclosures; crypts; and wooden enclosures. See Florida Statutes 497.005
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: includes stepparents and parents by adoption, parents-in-law, and any persons who for more than 3 years prior to the death of the deceased employee stood in the place of a parent to him or her and were dependent on the injured employee. See Florida Statutes 440.02
  • Partner: means any person who is a member of a partnership that is formed by two or more persons to carry on as co-owners of a business with the understanding that there will be a proportional sharing of the profits and losses between them. See Florida Statutes 440.02
  • 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.
  • Pay period: means a period of 31 or fewer consecutive days for which a payment or remuneration is ordinarily made to the employee by the person employing him or her. See Florida Statutes 443.036
  • Permanent impairment: means any anatomic or functional abnormality or loss determined as a percentage of the body as a whole, existing after the date of maximum medical improvement, which results from the injury. See Florida Statutes 440.02
  • Permittee: means any person holding a permit issued under this chapter. See Florida Statutes 499.003
  • Permittee: means a person who applies for and is granted a permit under this chapter and who is ultimately responsible for the operation of the mobile home, lodging, or recreational vehicle park or the recreational camp and the compliance of the park or camp with this chapter and the rules adopted under this chapter. See Florida Statutes 513.01
  • Person: means an individual, association, partnership, corporation, or governmental unit. See Florida Statutes 513.01
  • Person: when used without qualification such as "natural" or "individual" includes both natural persons and legal entities. See Florida Statutes 497.005
  • Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, or any successor thereto, and other than Federal Government agencies licensed by the United States Nuclear Regulatory Commission, or any successors thereto. See Florida Statutes 404.031
  • Person: includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic; and
(3) "Member" means each incorporator of a cooperative and each person admitted to and retaining membership therein, and shall include a husband and wife admitted to joint membership. See Florida Statutes 425.03
  • Person: means individual, partnership, association, or corporation, including any public service corporation. See Florida Statutes 440.02
  • 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
  • Person: means any individual, child, joint venture, syndicate, fiduciary, partnership, corporation, division of a corporation, firm, trust, business trust, company, estate, public or private institution, association, organization, group, city, county, city and county, political subdivision of this state, other governmental agency within this state, and any representative, agent, or agency of any of the foregoing, or any other group or combination of the foregoing. See Florida Statutes 499.003
  • Person: includes any individual, group of individuals, firm, association, corporation, partnership, joint venture, sole proprietorship, or any other business entity. See Florida Statutes 501.603
  • Personal data: means any information, including sensitive data, which is linked or reasonably linkable to an identified or identifiable individual. See Florida Statutes 501.702
  • Personal property: All property that is not real property.
  • Personal residence: means any residential building in which one temporarily or permanently maintains her or his abode, including, but not limited to, an apartment or a hotel, motel, nursing home, convalescent home, home for the aged, or a public or private institution. See Florida Statutes 497.005
  • Pharmacist: means a person licensed under chapter 465. See Florida Statutes 499.003
  • Pharmacy: means an entity licensed under chapter 465. See Florida Statutes 499.003
  • 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 organization: means a party, a committee, an association, a fund, or any other organization, regardless of whether incorporated, organized and operated primarily for the purpose of influencing or attempting to influence any of the following:
    (a) The selection, nomination, election, or appointment of an individual to a federal, state, or local public office or an office in a political organization, regardless of whether the individual is selected, nominated, elected, or appointed. See Florida Statutes 501.702
  • 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
  • Portable pool: means a pool or spa, and related equipment systems of any kind, which is designed or intended to be movable from location to location. See Florida Statutes 514.011
  • Postsecondary education institution: means a Florida College System institution, state university, or nonpublic postsecondary education institution that receives state funds. See Florida Statutes 501.702
  • 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 direct disposition: means the cremation of human remains without preparation of the human remains by embalming and without any attendant services or rites such as funeral or graveside services or the making of arrangements for such final disposition. See Florida Statutes 497.005
  • Practice of embalming: means disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing certain body fluids with preserving and disinfecting chemicals. See Florida Statutes 497.005
  • Practice of funeral directing: means the performance by a licensed funeral director of any of those functions authorized by…. See Florida Statutes 497.005
  • 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.
  • Precise geolocation data: means information derived from technology, including global positioning system level latitude and longitude coordinates or other mechanisms, which directly identifies the specific location of an individual with precision and accuracy within a radius of 1,750 feet. See Florida Statutes 501.702
  • Preneed: means any arrangement or method, of which the provider of funeral merchandise or services has actual knowledge, whereby any person agrees to furnish funeral merchandise or service in the future. See Florida Statutes 497.005
  • Preneed contract: means any arrangement or method for which the provider of funeral merchandise or services receives any payment in advance for funeral or burial merchandise and services after the death of the contract beneficiary. See Florida Statutes 497.005
  • Preneed sales agent: means any person who is licensed under this chapter to sell preneed burial or funeral service and merchandise contracts or direct disposition contracts in this state. See Florida Statutes 497.005
  • Prescription drug: means a prescription, medicinal, or legend drug, including, but not limited to, finished dosage forms or active pharmaceutical ingredients subject to, defined by, or described by…. See Florida Statutes 499.003
  • Prescription drug label: means any display of written, printed, or graphic matter upon the immediate container of any prescription drug before it is dispensed to an individual patient pursuant to a prescription of a practitioner authorized by law to prescribe. See Florida Statutes 499.003
  • Prescription label: means any display of written, printed, or graphic matter upon the immediate container of any prescription drug dispensed pursuant to a prescription of a practitioner authorized by law to prescribe. See Florida Statutes 499.003
  • 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 and includes the sole proprietor of a sole proprietorship; all partners of a partnership; all members of a limited liability company; regarding a corporation, all directors and officers, and all stockholders controlling more than 10 percent of the voting stock; and all other persons who can exercise control over the person or entity. See Florida Statutes 497.005
  • Private pool: means a facility used only by an individual, family, or living unit members and their guests which does not serve any type of cooperative housing or joint tenancy of five or more living units. See Florida Statutes 514.011
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Processing: means the reduction of identifiable bone fragments after the completion of the cremation process to unidentifiable bone fragments by manual means. See Florida Statutes 497.005
  • processing: means an operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data. See Florida Statutes 501.702
  • Processor: means a person who processes personal data on behalf of a controller. See Florida Statutes 501.702
  • Product labeling: means the labels and other written, printed, or graphic matter upon an article, or the containers or wrappers that accompany an article, except for letters, numbers, and symbols stamped into the container as required by the federal Department of Transportation. See Florida Statutes 499.82
  • Profiling: means any form of solely automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. See Florida Statutes 501.702
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Pseudonymous data: means any information that cannot be attributed to a specific individual without the use of additional information, provided that the additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable individual. See Florida Statutes 501.702
  • Public bathing place: means a body of water, natural or modified by humans, for swimming, diving, and recreational bathing used by consent of the owner or owners and held out to the public by any person or public body, irrespective of whether a fee is charged for the use thereof. See Florida Statutes 514.011
  • Public employer: means :
    (a) A state agency or political subdivision of the state;
    (b) An instrumentality that is wholly owned by one or more state agencies or political subdivisions of the state; or
    (c) An instrumentality that is wholly owned by one or more state agencies, political subdivisions, or instrumentalities of the state and one or more state agencies or political subdivisions of one or more other states. See Florida Statutes 443.036
  • Public food service establishment: means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption. See Florida Statutes 509.013
  • Public lodging establishment: includes a transient public lodging establishment as defined in subparagraph 1. See Florida Statutes 509.013
  • public pool: means a watertight structure of concrete, masonry, or other approved materials which is located either indoors or outdoors, used for bathing or swimming by humans, and filled with a filtered and disinfected water supply, together with buildings, appurtenances, and equipment used in connection therewith. See Florida Statutes 514.011
  • Publicly available information: means information lawfully made available through government records, or information that a business has a reasonable basis for believing is lawfully made available to the general public through widely distributed media, by a consumer, or by a person to whom a consumer has disclosed the information, unless the consumer has restricted the information to a specific audience. See Florida Statutes 501.702
  • Pulverization: means the reduction of identifiable bone fragments after the completion of the cremation and processing to granulated particles by manual or mechanical means. See Florida Statutes 497.005
  • Purchaser: means a person who is solicited to become or does become obligated to a commercial telephone seller. See Florida Statutes 501.603
  • Purchaser: means a person who executes a preneed or an at-need contract with a licensee for merchandise or services. See Florida Statutes 497.005
  • Purchaser: means any person, firm, corporation, or other entity who purchases ether in quantities of 2. See Florida Statutes 499.61
  • Quorum: The number of legislators that must be present to do business.
  • Radiation: means ionizing radiation. See Florida Statutes 404.031
  • Radiation machine: means any device designed to produce, or which produces, radiation or nuclear particles when the associated control devices of the machine are operated. See Florida Statutes 404.031
  • Radioactive material: means any solid, liquid, or gas which emits ionizing radiation spontaneously; however, this definition does not include radioactive wastes regulated pursuant to the hazardous waste management sections of the federal Resource Conservation and Recovery Act of 1976 or the Department of Environmental Protection's assumption of that program. See Florida Statutes 404.031
  • Radioactive waste: means any equipment or materials which are radioactive or have radioactive contamination and which are required pursuant to any governing laws, regulations, or licenses to be stored, treated, or disposed of as radioactive waste. See Florida Statutes 404.031
  • Raw milk: means unpasteurized milk. See Florida Statutes 502.012
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reasonable assurance: means a written or verbal agreement, an agreement between an employer and a worker understood through tradition within the trade or occupation, or an agreement defined in an employer's policy. See Florida Statutes 443.036
  • Receiving station: means any place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting. See Florida Statutes 502.012
  • Recess: A temporary interruption of the legislative business.
  • 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
  • Recreational camp: means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for five or more resident members of the public and designed and operated for recreational purposes. See Florida Statutes 513.01
  • Recreational vehicle park: means a place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more recreational vehicles or tents; and the term also includes buildings and sites set aside for group camping and similar recreational facilities. See Florida Statutes 513.01
  • Reemployment assistance: means cash benefits payable to individuals with respect to their unemployment pursuant to the provisions of this chapter. See Florida Statutes 443.036
  • Refrigeration facility: means a facility that is operated independently of a funeral establishment, crematory, or direct disposal establishment, that maintains space and equipment for the storage and refrigeration of dead human bodies, and that offers its service to funeral directors, funeral establishments, direct disposers, direct disposal establishments, or crematories for a fee. See Florida Statutes 497.005
  • registered mail: include certified mail with return receipt requested. See Florida Statutes 1.01
  • Registration: means the registering of a radiation machine with the department in accordance with the rules promulgated pursuant to this chapter. See Florida Statutes 404.031
  • Reimbursement: means a payment of money to the Unemployment Compensation Trust Fund in lieu of a contribution which is required under this chapter to finance reemployment assistance benefits. See Florida Statutes 443.036
  • Reimbursing employer: means an employer who is liable for reimbursements in lieu of contributions under this chapter. See Florida Statutes 443.036
  • Religious institution: means an organization formed primarily for religious purposes that has qualified for exemption from federal income tax as an exempt organization under the provisions of…. See Florida Statutes 497.005
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Removal service: means any service that operates independently of a funeral establishment or a direct disposal establishment, that handles the initial removal of dead human bodies, and that offers its service to funeral establishments and direct disposal establishments for a fee. See Florida Statutes 497.005
  • Repackage: includes repacking or otherwise changing the container, wrapper, or labeling to further the distribution of the drug, device, or cosmetic. See Florida Statutes 499.003
  • Repackager: means a person who repackages. See Florida Statutes 499.003
  • Repair facility: means a motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle. See Florida Statutes 501.32
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residential: means situated on the premises of a detached one-family or two-family dwelling or a one-family townhouse not more than three stories high. See Florida Statutes 515.25
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail: means the sale of goods to the public for use or consumption rather than for resale. See Florida Statutes 502.012
  • Retail pharmacy: means a community pharmacy licensed under chapter 465 that purchases prescription drugs at fair market prices and provides prescription services to the public. See Florida Statutes 499.003
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Rules: refers to rules adopted under this chapter unless expressly indicated to the contrary. See Florida Statutes 497.005
  • Sale of personal data: means the sharing, disclosing, or transferring of personal data for monetary or other valuable consideration by the controller to a third party. See Florida Statutes 501.702
  • Salesperson: means any individual employed, appointed, or authorized by a commercial telephone seller, regardless of whether the commercial telephone seller refers to the individual as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the commercial telephone seller. See Florida Statutes 501.603
  • Scattering garden: means a location set aside, within a cemetery, that is used for the spreading or broadcasting of cremated remains that have been removed from their container and can be mixed with or placed on top of the soil or ground cover or buried in an underground receptacle on a commingled basis and that are nonrecoverable. See Florida Statutes 497.005
  • Screening: means the act of assessing the background of child care personnel, in accordance with state and federal law, and volunteers and includes, but is not limited to:
    (a) Employment history checks, including documented attempts to contact each employer that employed the applicant within the preceding 5 years and documentation of the findings. See Florida Statutes 402.302
  • Search engine: means technology and systems that use algorithms to sift through and index vast third-party websites and content on the Internet in response to search queries entered by a user. See Florida Statutes 501.702
  • Secretary: means the Secretary of Children and Families. See Florida Statutes 402.302
  • Self-insurer: means :
    (a) Any employer who has secured payment of compensation pursuant to…. See Florida Statutes 440.02
  • Sensitive data: means a category of personal data which includes any of the following:
    (a) Personal data revealing an individual's racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status. See Florida Statutes 501.702
  • service: means any service offered or provided in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains. See Florida Statutes 497.005
  • Service of process: The service of writs or summonses to the appropriate party.
  • service provider: means the state agency providing reemployment assistance tax collection services under contract with the Department of Economic Opportunity through an interagency agreement pursuant to…. See Florida Statutes 443.036
  • services: when used in reference to individuals who are not receiving temporary cash assistance, means nonrecurrent, short-term benefits designed to deal with a specific crisis situation or episode of need and other services; work subsidies; supportive services such as child care and transportation; services such as counseling, case management, peer support, and child care information and referral; transitional services, job retention, job advancement, and other employment-related services; nonmedical treatment for substance abuse or mental health problems; teen pregnancy prevention; two-parent family support, including noncustodial parent employment; court-ordered supervised visitation, and responsible fatherhood services; and any other services that are reasonably calculated to further the purposes of the welfare transition program. See Florida Statutes 445.002
  • Servicing agent: means any person acting as an independent contractor whose fiduciary responsibility is to assist both the trustee and licensee in administrating their responsibilities pursuant to this chapter. See Florida Statutes 497.005
  • 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.
  • Shipper: means a person who uses the services of a mover to transport or ship household goods as part of a household move. See Florida Statutes 507.01
  • Single complex of buildings: means all buildings or structures that are owned, managed, controlled, or operated under one business name and are situated on the same tract or plot of land that is not separated by a public street or highway. See Florida Statutes 509.013
  • sister: include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers or married sisters unless wholly dependent on the employee. See Florida Statutes 440.02
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Sole proprietor: means a natural person who owns a form of business in which that person owns all the assets of the business and is solely liable for all the debts of the business. See Florida Statutes 440.02
  • Solicit: means to initiate contact with a purchaser for the purpose of attempting to sell consumer goods or services, where such purchaser has expressed no previous interest in purchasing, investing in, or obtaining information regarding the property, goods, or services attempted to be sold. See Florida Statutes 501.603
  • Solicitation: means any communication that directly or implicitly requests an immediate oral response from the recipient. See Florida Statutes 497.005
  • Source material: means :
    (a) Uranium, thorium, or any other material which the department declares to be source material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such; or
    (b) Ores containing one or more of the foregoing materials in such concentration to be source material. See Florida Statutes 404.031
  • Sources of radiation: means , collectively, radioactive material and radiation machines. See Florida Statutes 404.031
  • Special nuclear material: means :
    (a) Plutonium, uranium 233, uranium 235, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the department declares to be a special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such, but does not include source material; or
    (b) Any material artificially enriched by any of the foregoing, but does not include source material. See Florida Statutes 404.031
  • Specific license: means a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing, byproduct material, source material, special nuclear material, or other radioactive material occurring naturally or produced artificially. See Florida Statutes 404.031
  • Specificity: means information on the petition for benefits sufficient to put the employer or carrier on notice of the exact statutory classification and outstanding time period of benefits being requested and includes a detailed explanation of any benefits received that should be increased, decreased, changed, or otherwise modified. See Florida Statutes 440.02
  • sports official: means any person who is a neutral participant in a sports event, including, but not limited to, umpires, referees, judges, linespersons, scorekeepers, or timekeepers. See Florida Statutes 440.02
  • Spouse: includes only a spouse substantially dependent for financial support upon the decedent and living with the decedent at the time of the decedent's injury and death, or substantially dependent upon the decedent for financial support and living apart at that time for justifiable cause. See Florida Statutes 440.02
  • State: includes the states of the United States, the District of Columbia, Canada, the Commonwealth of Puerto Rico, and the Virgin Islands. See Florida Statutes 443.036
  • State agency: means any department, commission, board, office, council, authority, or other agency in the executive branch of state government created by the State Constitution or state law. See Florida Statutes 501.702
  • State board: means the state workforce development board established pursuant to the Workforce Innovation and Opportunity Act, Pub. See Florida Statutes 445.002
  • State law: means the unemployment insurance law of any state, approved by the United States Secretary of Labor under…. See Florida Statutes 443.036
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Statutory accounting: means generally accepted accounting principles, except as modified by this chapter. See Florida Statutes 497.005
  • Storage: means the temporary warehousing of a shipper's goods while under the care, custody, and control of the mover. See Florida Statutes 507.01
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Swimming pool: means any structure, located in a residential area, that is intended for swimming or recreational bathing and contains water over 24 inches deep, including, but not limited to, in-ground, aboveground, and on-ground swimming pools; hot tubs; and nonportable spas. See Florida Statutes 515.25
  • Target: means a person residing in, incorporated in, or organized under the laws of this state who purchases, rents, leases, or otherwise obtains a product or service in the commercial market which is not for resale in the commercial market. See Florida Statutes 501.992
  • Targeted advertising: means displaying to a consumer an advertisement selected based on personal data obtained from that consumer's activities over time across affiliated or unaffiliated websites and online applications used to predict the consumer's preferences or interests. See Florida Statutes 501.702
  • Temporary container: means a receptacle for cremated remains usually made of cardboard, plastic, or similar material designated to hold the cremated remains until an urn or other permanent container is acquired. See Florida Statutes 497.005
  • Temporary food service event: means any event of 30 days or less in duration where food is prepared, served, or sold to the general public. See Florida Statutes 509.013
  • Temporary layoff: means :
    (a) An individual's job separation due to lack of work which does not exceed 8 consecutive weeks and which has a fixed or approximate return-to-work date; or
    (b) An individual's employer-initiated furlough that causes a mandatory complete stoppage of work if such furlough is temporary and the individual remains job attached and is expected to return to work with the employer. See Florida Statutes 443.036
  • Temporary pool: means a pool intended to be used in conjunction with a sanctioned national or international swimming or diving competition event that does not exceed 30 consecutive days of use. See Florida Statutes 514.011
  • 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.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Theme park or entertainment complex: means a complex comprised of at least 25 contiguous acres owned and controlled by the same business entity and which contains permanent exhibitions and a variety of recreational activities and has a minimum of 1 million visitors annually. See Florida Statutes 509.013
  • Third party: means a person, other than the consumer, the controller, the processor, or an affiliate of the controller or processor. See Florida Statutes 501.702
  • Third-party provider: means , for purposes of…. See Florida Statutes 509.013
  • Threshold amount: means 3 percent of the manufacturer's suggested retail price of a motor vehicle or $650, whichever is less. See Florida Statutes 501.975
  • Time of injury: means the time of the occurrence of the accident resulting in the injury. See Florida Statutes 440.02
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Total return withdrawal percentage: means a percentage, not to exceed 5 percent, of the fair market value of a trust. See Florida Statutes 497.005
  • Trade or commerce: means the advertising, soliciting, providing, offering, or distributing, whether by sale, rental, or otherwise, of any good or service, or any property, whether tangible or intangible, or any other article, commodity, or thing of value, wherever situated. See Florida Statutes 501.203
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer station: means any place, premises, or establishment where milk or milk products are transferred directly from one milk tank truck to another. See Florida Statutes 502.012
  • Transient: means a guest in transient occupancy. See Florida Statutes 509.013
  • Transient establishment: means any public lodging establishment that is rented or leased to guests by an operator whose intention is that such guests' occupancy will be temporary. See Florida Statutes 509.013
  • Transient guest: means any guest registered as provided in…. See Florida Statutes 513.01
  • Transient occupancy: means occupancy when it is the intention of the parties that the occupancy will be temporary. See Florida Statutes 509.013
  • Transient public lodging establishment: means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. See Florida Statutes 509.013
  • transportation protection agreement: means an agreement that exclusively provides or arranges for services related to the preparation for the purpose of transportation and subsequent transportation of human remains or cremated remains. See Florida Statutes 497.005
  • Transuranic waste: means waste material containing transuranic elements with contamination levels greater than 10 nanocuries per gram of waste. See Florida Statutes 404.031
  • 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.
  • unemployed: means :
    (a) An individual is "totally unemployed" in any week during which he or she does not perform any services and for which earned income is not payable to him or her. See Florida Statutes 443.036
  • United States Nuclear Regulatory Commission: means the United States Nuclear Regulatory Commission or its successor agency. See Florida Statutes 404.031
  • Urn: means a receptacle designed to permanently encase cremated remains. See Florida Statutes 497.005
  • Useful beam: means that portion of the radiation emitted from a radiation machine through the aperture of the machine's beam-limiting device which is designed to focus the radiation on the intended target in order to accomplish the machine's purpose when the machine's exposure controls are in a mode to cause the system to produce radiation. See Florida Statutes 404.031
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • USP: means the United States Pharmacopeia. See Florida Statutes 499.82
  • USP-NF: means the United States Pharmacopeia-National Formulary. See Florida Statutes 499.82
  • Vehicle: means any automobile, truck, bus, recreational vehicle, or motorcycle required to be licensed under chapter 320 for operation over the roads of Florida, but does not include trailers, mobile homes, travel trailers, or trailer coaches without independent motive power. See Florida Statutes 501.975
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 1.01
  • Veterinary prescription drug: means a prescription drug intended solely for veterinary use. See Florida Statutes 499.003
  • Violation of this part: means any violation of this act or the rules adopted under this act and may be based upon any of the following as of July 1, 2017:
    (a) Any rules promulgated pursuant to the Federal Trade Commission Act, 15 U. See Florida Statutes 501.203
  • Voice recognition feature: means the function of a device which enables the collection, recording, storage, analysis, transmission, interpretation, or other use of spoken words or other sounds. See Florida Statutes 501.702
  • volunteer: includes , but is not limited to:
  • Wages: means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury and includes only the wages earned and reported for federal income tax purposes on the job where the employee is injured and any other concurrent employment where he or she is also subject to workers' compensation coverage and benefits, together with the reasonable value of housing furnished to the employee by the employer which is the permanent year-round residence of the employee, and gratuities to the extent reported to the employer in writing as taxable income received in the course of employment from others than the employer and employer contributions for health insurance for the employee or the employee's dependents. See Florida Statutes 440.02
  • Wages: means remuneration subject to this chapter under…. See Florida Statutes 443.036
  • Washing station: means any place, premises, or establishment where milk tank trucks are cleaned and sanitized. See Florida Statutes 502.012
  • Week: means a period of 7 consecutive days as defined in the rules of the Department of Economic Opportunity. See Florida Statutes 443.036
  • Weekly compensation rate: means and refers to the amount of compensation payable for a period of 7 consecutive calendar days, including any Saturdays, Sundays, holidays, and other nonworking days which fall within such period of 7 consecutive calendar days. See Florida Statutes 440.02
  • Wholesale: means the selling of goods in quantity to be retailed by others. See Florida Statutes 502.012
  • Wholesale distribution: means the distribution of a prescription drug to a person other than a consumer or patient, or the receipt of a prescription drug by a person other than the consumer or patient, but does not include:
    (a) Any of the following activities, which is not a violation of…. See Florida Statutes 499.003
  • Wholesale distribution: means the distribution of medical gas to a person other than a consumer or patient. See Florida Statutes 499.82
  • Wholesale distributor: means a person, other than a manufacturer, a manufacturer's co-licensed partner, a third-party logistics provider, or a repackager, who is engaged in wholesale distribution. See Florida Statutes 499.003
  • Wholesale distributor: means any person or entity engaged in wholesale distribution of medical gas within or into this state, including, but not limited to, manufacturers; own-label distributors; private-label distributors; warehouses, including manufacturers' and distributors' warehouses; and wholesale medical gas warehouses. See Florida Statutes 499.82
  • 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