Terms Used In Florida Statutes > Chapter 626 - Insurance Field Representatives and Operations
Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
A verdict of "not guilty."
Action: means any civil action or arbitration proceeding for damages or indemnity asserting a claim for damage to or loss of real or personal property caused by an alleged construction defect, but does not include any administrative action or any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out of an alleged construction defect. See Florida Statutes 558.002
Active participant: means a member in good standing of an association who attends 4 or more hours of association meetings every year, not including any department-approved continuing education course. See Florida Statutes 626.015
Acupuncture: means a form of primary health care, based on traditional Chinese medical concepts and modern oriental medical techniques, that employs acupuncture diagnosis and treatment, as well as adjunctive therapies and diagnostic techniques, for the promotion, maintenance, and restoration of health and the prevention of disease. See Florida Statutes 457.102
Acupuncturist: means any person licensed as provided in this chapter to practice acupuncture as a primary health care provider. See Florida Statutes 457.102
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.
Affiliated finance company: means a finance company which:
(a) Is affiliated with or controlled by a manufacturer or wholesale distributor through common ownership, officers, directors, or management; or
(b) Has a contractual agreement with a manufacturer or wholesale distributor to finance, via sale or lease, motor vehicles produced or distributed by such manufacturer or wholesale distributor. See Florida Statutes 545.01
Affiliated party: means a director, officer, responsible person, employee, or foreign affiliate of a money services business, or a person who has a controlling interest in a money services business as provided in…. See Florida Statutes 560.103
agent: includes an insurance producer or producer, but does not include a customer representative, limited customer representative, or service representative. See Florida Statutes 626.015
Allegation: something that someone says happened.
Amateur: means a person who has never received nor competed for any purse or other article of value, either for the expenses of training or for participating in a match, other than a prize of $50 or less in value. See Florida Statutes 548.002
Amateur sanctioning organization: means a business entity organized for sanctioning and supervising matches involving amateurs. See Florida Statutes 548.002
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.
Amortization: Paying off a loan by regular installments.
Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
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.
Appointment: means the authority given by an insurer or employer to a licensee to transact insurance or adjust claims on behalf of an insurer or employer. See Florida Statutes 626.015
Appropriate regulator: means a state, federal, or foreign agency that has been granted authority to enforce state, federal, or foreign laws related to a money services business or deferred presentment provider. See Florida Statutes 560.103
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
Approved inspection agency: means an organization determined by the department to be especially qualified by reason of facilities, personnel, experience, and demonstrated reliability to investigate, test, and evaluate manufactured building units or systems or the component parts thereof, together with the plans, specifications, and quality control procedures to ensure that such units, systems, or component parts are in full compliance with the Florida Building Code and to label such units complying with those standards. See Florida Statutes 553.36
Approved program: means a program for the education of certified chiropractic physician's assistants, which program has been formally approved by the board. See Florida Statutes 460.403
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Association: includes the Florida Association of Insurance Agents (FAIA), the National Association of Insurance and Financial Advisors (NAIFA), the Florida Association of Health Underwriters (FAHU), the Latin American Association of Insurance Agencies (LAAIA), the Florida Association of Public Insurance Adjusters (FAPIA), the Florida Bail Agents Association (FBAA), or the Professional Bail Agents of the United States (PBUS). See Florida Statutes 626.015
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Authorized inspection agency: means :
(a) Any county, municipality, town, or other governmental subdivision that has adopted into law the Boiler and Pressure Vessel Code of the A. See Florida Statutes 554.1021
Authorized vendor: means a person designated by a money services business licensed under part II of this chapter to act on behalf of the licensee at locations in this state pursuant to a written contract with the licensee. See Florida Statutes 560.103
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Ballast efficiency factor: means the ratio of relative light output, expressed as a percent, to the power input, expressed in watts under test conditions. See Florida Statutes 553.955
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
Bequest: Property gifted by will.
Blaster: means a person employed by a user who detonates or otherwise effects the explosion of an explosive. See Florida Statutes 552.081
Board: means any board or commission, or other statutorily created entity to the extent such entity is authorized to exercise regulatory or rulemaking functions, within the department, including the Florida Real Estate Commission; except that, for ss. See Florida Statutes 455.01
Board: means any board or commission, or other statutorily created entity to the extent such entity is authorized to exercise regulatory or rulemaking functions, within the department, except that, for ss. See Florida Statutes 456.001
boiler: includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. See Florida Statutes 554.1021
Boiler insurance company: means a company authorized by a subsisting certificate of authority, issued by the Office of Insurance Regulation, to transact boiler and machinery insurance in this state. See Florida Statutes 554.1021
bona fide organization that promotes or encourages the adoption of greyhounds: means any organization that provides evidence of compliance with chapter 496 and possesses a valid exemption from federal taxation issued by the Internal Revenue Service. See Florida Statutes 550.1647
Branch office: means the physical location, other than the principal place of business, of a money services business operated by a licensee under this chapter. See Florida Statutes 560.103
Breaks: means the portion of a pari-mutuel pool which is computed by rounding down to the nearest multiple of 10 cents and is not distributed to the contributors or withheld by the permitholder as takeout. See Florida Statutes 550.002
Broadcast: means the broadcast, transmission, simulcast, or exhibition in any medium or manner by means that may include, but are not limited to, community antenna systems that receive and retransmit television or radio signals by wire, cable, or otherwise to television or radio sets, and cable origination networks or programmers that transmit programming to community antenna televisions or closed-circuit systems by wire, cable, satellite, or otherwise. See Florida Statutes 550.002
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).
budget planning: as used in this part shall mean the act of entering into a contract by any person, firm, corporation, or association with a particular debtor by the terms of which contract the debtor agrees to deposit periodically with such person, firm, corporation, or association a specified sum of money and said person, firm, corporation, or association agrees to distribute said sum of money among specified creditors of the debtor in accordance with an agreed plan for which service the debtor agrees to pay a valuable consideration. See Florida Statutes 559.10
Certificate inspection: means an inspection whose report is used by the chief boiler inspector to determine whether or not a certificate of operation may be issued. See Florida Statutes 554.1021
Certificate of competency: means a document issued to a person who has satisfied the minimum competency requirements for boiler inspectors under this chapter. See Florida Statutes 554.1021
Certificate of operation: means a document issued to the owner of a boiler which authorizes the owner to operate the boiler, subject to any restrictions endorsed thereon. See Florida Statutes 554.1021
Certified optometrist: means a licensed practitioner authorized by the board to administer and prescribe ocular pharmaceutical agents. See Florida Statutes 463.002
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.
Check casher: means a person who sells currency in exchange for payment instruments received, except travelers checks. See Florida Statutes 560.103
Chiropractic college clinical internship: means a program in which a student enrolled in a chiropractic college located in this state and accredited by the Council on Chiropractic Education obtains clinical experience pursuant to the chiropractic college's curriculum in a classroom or chiropractic clinic operated by the chiropractic college, according to the teaching protocols for the clinical practice requirements of the college. See Florida Statutes 460.403
Chiropractic physician: means any person licensed to practice chiropractic medicine pursuant to this chapter. See Florida Statutes 460.403
Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
Claimant: means a property owner, including a subsequent purchaser or association, who asserts a claim for damages against a contractor, subcontractor, supplier, or design professional concerning a construction defect or a subsequent owner who asserts a claim for indemnification for such damages. See Florida Statutes 558.002
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.
commercial claim: includes an obligation of a person who is comaker, endorser, guarantor, or surety as well as the person to whom such credit was originally extended. See Florida Statutes 559.543
Commercial collection agency: means any person engaged, as a primary or secondary business activity, in the business of soliciting commercial claims for collection or in the business of collecting commercial claims, asserted to be owed or due to another person, regardless of whether the collection efforts are directed at the primary debtor or some other source of payment. See Florida Statutes 559.543
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.
Community-based internship: means a program in which a student enrolled in the last year of a chiropractic college accredited by the Council on Chiropractic Education is approved to obtain required pregraduation clinical experience in a chiropractic clinic or practice under the direct supervision of a doctor of chiropractic medicine approved as an adjunct faculty member of the chiropractic college in which the student is enrolled, according to the teaching protocols for the clinical practice requirements of the college. See Florida Statutes 460.403
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Completion of a building or improvement: means issuance of a certificate of occupancy, whether temporary or otherwise, that allows for occupancy or use of the entire building or improvement, or an equivalent authorization issued by the governmental body having jurisdiction. See Florida Statutes 558.002
Compliance officer: means the individual in charge of overseeing, managing, and ensuring that a money services business is in compliance with all state and federal laws and rules relating to money services businesses, as applicable, including all money laundering laws and rules. See Florida Statutes 560.103
Component: means any assembly, subassembly, or combination of parts for use as a part of a building, which may include structural, electrical, mechanical, and fire protection systems and other systems affecting health and safety. See Florida Statutes 553.36
Conductor: means a natural person who presents himself or herself to a licensee for purposes of cashing a payment instrument. See Florida Statutes 560.103
Construction defect: means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property resulting from:
(a) Defective material, products, or components used in the construction or remodeling;
(b) A violation of the applicable codes in effect at the time of construction or remodeling which gives rise to a cause of action pursuant to…. See Florida Statutes 558.002
Contest: means a boxing, kickboxing, or mixed martial arts engagement in which persons participating strive to win using strikes and blows to the head or other full-contact maneuvers. See Florida Statutes 548.002
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Counterclaim: A claim that a defendant makes against a plaintiff.
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
Currency: means the coin and paper money of the United States or of any other country which is designated as legal tender and which circulates and is customarily used and accepted as a medium of exchange in the country of issuance. See Florida Statutes 560.103
current race meet: means the conduct of racing or games pursuant to a current year's operating license issued by the division. See Florida Statutes 550.002
Customer representative: means an individual appointed by a general lines agent or agency to assist that agent or agency in transacting the business of insurance from the office of that agent or agency. See Florida Statutes 626.015
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dealer: means a person engaged in the wholesale or retail business of buying and selling explosives. See Florida Statutes 552.081
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Deferred presentment provider: means a person who is licensed under part II or part III of this chapter and has filed a declaration of intent with the office to engage in deferred presentment transactions as provided under part IV of this chapter. See Florida Statutes 560.103
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.
Designated slot machine gaming area: means the area or areas of a facility of a slot machine licensee in which slot machine gaming may be conducted in accordance with the provisions of this chapter. See Florida Statutes 551.102
Detonator: means any device containing a detonating charge that is used for initiating detonation of an explosive and includes, but is not limited to, blasting caps and electric blasting caps of instantaneous and delay types. See Florida Statutes 552.081
Devise: To gift property by will.
Direct supervision: means responsible supervision and control, with the licensed chiropractic physician assuming legal liability for the services rendered by a registered chiropractic assistant or a chiropractic student enrolled in a community-based intern program. See Florida Statutes 460.403
direct supervision: means supervision whereby a podiatric physician orders the X ray, remains on the premises while the X ray is being performed and exposed, and approves the work performed before dismissal of the patient. See Florida Statutes 461.003
Direct supervision: means supervision to an extent that the licensee remains on the premises while all procedures are being done and gives final approval to any procedures performed by an employee. See Florida Statutes 463.002
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
Distributor: means any person who sells, leases, or offers or otherwise provides, distributes, or services any slot machine or associated equipment for use or play of slot machines in this state. See Florida Statutes 551.102
Distributor: means any person or business entity which distributes a privately labeled product on a national basis for which the specifications for manufacture, testing, and certification are established and attested to by the distributor, rather than the manufacturer. See Florida Statutes 553.955
Division: means the Division of Pari-mutuel Wagering within the Department of Business and Professional Regulation. See Florida Statutes 550.002
Division: means the Division of Pari-mutuel Wagering of the Department of Business and Professional Regulation. See Florida Statutes 551.102
Division: means the Division of State Fire Marshal of the Department of Financial Services. See Florida Statutes 552.081
Donor: The person who makes a gift.
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
Electronic instrument: means a card, tangible object, or other form of electronic payment for the transmission or payment of money or the exchange of monetary value, including a stored value card or device that contains a microprocessor chip, magnetic stripe, or other means for storing information; that is prefunded; and for which the value is decremented upon each use. See Florida Statutes 560.103
Eligible facility: means any licensed pari-mutuel facility located in Miami-Dade County or Broward County existing at the time of adoption of…. See Florida Statutes 551.102
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
Energy conservation standard: means :
(a) A performance standard which prescribes a minimum level of energy efficiency or a maximum quantity of energy use for a covered product, determined in accordance with applicable test procedures;
Energy performance level: means the indicator of the energy-related performance of a building, including, but not limited to, the levels of insulation, the amount and type of glass, and the HVAC and water heating system efficiencies. See Florida Statutes 553.902
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
errata to the code: means a list of errors on current and previous editions of the Florida Building Code. See Florida Statutes 553.73
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Executive session: A portion of the Senate's daily session in which it considers executive business.
Executor: A male person named in a will to carry out the decedent
Exhibition: means a boxing, kickboxing, or mixed martial arts engagement in which persons participating show or display their skill without necessarily striving to win using strikes and blows to the head or other full-contact maneuvers. See Florida Statutes 548.002
explosives: includes , but is not limited to, dynamite, nitroglycerin, trinitrotoluene, other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. See Florida Statutes 552.081
Exterior envelope physical characteristics: means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exterior. See Florida Statutes 553.902
Face value: means the dollar value of a ticket equal to the dollar amount that a customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the event. See Florida Statutes 548.002
factory-built building: means a closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in manufacturing facilities for installation or erection as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, institutional, storage, and industrial structures. See Florida Statutes 553.36
Factory-built school shelter: means any site-assembled or factory-built school building that is designed to be portable, relocatable, demountable, or reconstructible and that complies with the provisions for enhanced hurricane protection areas, as required by the applicable code. See Florida Statutes 553.36
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.
Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Felony: A crime carrying a penalty of more than a year in prison.
Fiduciary: A trustee, executor, or administrator.
Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
Finance company: means a person engaged in the business of financing the sale or lease of motor vehicles, or engaged in the business of purchasing or acquiring vehicle contracts in this state. See Florida Statutes 545.01
Financial audit report: means a report prepared in connection with a financial audit that is conducted in accordance with generally accepted auditing standards prescribed by the American Institute of Certified Public Accountants by a certified public accountant licensed to do business in the United States, and which must include:
(a) Financial statements, including notes related to the financial statements and required supplementary information, prepared in conformity with accounting principles generally accepted in the United States. See Florida Statutes 560.103
Financial services business: means a financial activity regulated by the Department of Financial Services, the Office of Insurance Regulation, or the Office of Financial Regulation. See Florida Statutes 626.9951
Firm: as used in this part shall not include a partnership, all the members of which are admitted to practice law in this state, and who are current members of The Florida Bar. See Florida Statutes 559.12
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.
fluorescent lamp ballast: means a device to operate a fluorescent lamp by providing a starting voltage and current and limiting the current during normal operation. See Florida Statutes 553.955
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 affiliate: means a person located outside this state who has been designated by a licensee to make payments on behalf of the licensee to persons who reside outside this state. See Florida Statutes 560.103
Foreign currency exchanger: means a person who exchanges, for compensation, currency of the United States or a foreign government to currency of another government. See Florida Statutes 560.103
Fraud: Intentional deception resulting in injury to another.
Fraudulent identification paraphernalia: means all equipment, products, or materials of any kind that are used, intended for use, or designed for use in the misrepresentation of a customer's identity. See Florida Statutes 560.103
Freezer: means a cabinet designed as a unit for the storage of food at temperatures of about 0 °F, having the ability to freeze food, and having a source of refrigeration requiring an energy input. See Florida Statutes 553.955
Fronton: means a building or enclosure that contains a playing court with three walls designed and constructed for playing the sport of jai alai or pelota. See Florida Statutes 550.002
Full contact: means the use of strikes and blows during a match which:
(a) Are intended to break the plane of the receiving participant's or amateur's body;
(b) Are delivered to the head, face, neck, or body of the receiving participant or amateur; and
Full schedule of live racing or games: means , for a jai alai permitholder, the conduct of a combination of at least 100 live evening or matinee performances during the preceding year; for a permitholder who has a converted permit or filed an application on or before June 1, 1990, for a converted permit, the conduct of a combination of at least 100 live evening and matinee wagering performances during either of the 2 preceding years; for a jai alai permitholder who does not operate slot machines in its pari-mutuel facility, who has conducted at least 100 live performances per year for at least 10 years after December 31, 1992, and whose handle on live jai alai games conducted at its pari-mutuel facility has been less than $4 million per state fiscal year for at least 2 consecutive years after June 30, 1992, the conduct of a combination of at least 40 live evening or matinee performances during the preceding year; for a jai alai permitholder who operates slot machines in its pari-mutuel facility, the conduct of a combination of at least 150 performances during the preceding year; for a harness permitholder, the conduct of at least 100 live regular wagering performances during the preceding year; for a quarter horse permitholder at its facility unless an alternative schedule of at least 20 live regular wagering performances is agreed upon by the permitholder and either the Florida Quarter Horse Racing Association or the horsemen's association representing the majority of the quarter horse owners and trainers at the facility and filed with the division along with its annual date application, in the 2010-2011 fiscal year, the conduct of at least 20 regular wagering performances, in the 2011-2012 and 2012-2013 fiscal years, the conduct of at least 30 live regular wagering performances, and for every fiscal year after the 2012-2013 fiscal year, the conduct of at least 40 live regular wagering performances; for a quarter horse permitholder leasing another licensed racetrack, the conduct of 160 events at the leased facility; and for a thoroughbred permitholder, the conduct of at least 40 live regular wagering performances during the preceding year. See Florida Statutes 550.002
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 lines agent: means an agent transacting any one or more of the following kinds of insurance:
General supervision: means the responsible supervision of supportive personnel by a licensee who need not be present when such procedures are performed, but who assumes legal liability therefor. See Florida Statutes 463.002
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grantor: The person who establishes a trust and places property into it.
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Harness racing: means a type of horseracing which is limited to standardbred horses using a pacing or trotting gait in which each horse pulls a two-wheeled cart called a sulky guided by a driver. See Florida Statutes 550.002
Health agent: means an agent representing a health maintenance organization or, as to health insurance only, an insurer transacting health insurance. See Florida Statutes 626.015
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.
Heating boiler: means a steam or vapor boiler operating at pressures not exceeding 15 psig, or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 °F. See Florida Statutes 554.1021
Highway: means any public highway in this state, including public streets, alleys, and other thoroughfares, by whatever name, in any municipality. See Florida Statutes 552.081
Home state: means the District of Columbia and any state or territory of the United States in which an agent or adjuster maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance agent or adjuster. See Florida Statutes 626.015
Horserace permitholder: means any thoroughbred entity permitted under the provisions of this chapter to conduct pari-mutuel wagering meets of thoroughbred racing; any harness entity permitted under this chapter to conduct pari-mutuel wagering meets of harness racing; or any quarter horse entity permitted under this chapter to conduct pari-mutuel wagering meets of quarter horse racing. See Florida Statutes 550.002
Host track: means a track or fronton conducting a live or simulcast race or game that is the subject of an intertrack wager. See Florida Statutes 550.002
Hot water supply boiler: means a boiler or a lined storage water heater supplying heated water for use external to itself operating at a pressure not exceeding 160 psig or temperature not exceeding 250 °F. See Florida Statutes 554.1021
Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
Independent testing laboratory: means an independent laboratory:
(a) With demonstrated competence testing gaming machines and equipment;
(b) That is licensed by at least 10 other states; and
(c) That has not had its license suspended or revoked by any other state within the immediately preceding 10 years. See Florida Statutes 551.102
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.
Indirect supervision: means responsible supervision and control, with the licensed chiropractic physician assuming legal liability for the services rendered by a certified chiropractic physician's assistant. See Florida Statutes 460.403
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Insignia: means an approved device or seal issued by the department to indicate compliance with the standards and rules established pursuant to this part. See Florida Statutes 553.36
Insurance agency: means a business location at which an individual, firm, partnership, corporation, association, or other entity, other than an employee of the individual, firm, partnership, corporation, association, or other entity and other than an insurer as defined by…. See Florida Statutes 626.015
insurance contract: means a written contract of, or a written agreement for or effecting, insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements, and papers which are a part thereof. See Florida Statutes 626.9511
Insurer: means any property or casualty insurer duly authorized to transact such business in this state. See Florida Statutes 634.011
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.
intertrack wagering: means a particular form of pari-mutuel wagering in which wagers are accepted at a permitted, in-state track, fronton, or pari-mutuel facility on a race or game transmitted from and performed live at, or simulcast signal rebroadcast from, another in-state pari-mutuel facility. See Florida Statutes 550.002
Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
Judge: means a person licensed by the commission who evaluates and scores a match using a designated scoring system. See Florida Statutes 548.002
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.
Kickboxing: means the unarmed combat sport of fighting by striking with the fists, hands, feet, legs, or any combination thereof. See Florida Statutes 548.002
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
Legislative Auditing Committee: means a committee or committees designated by joint rule of the Legislature, by the President of the Senate or the Speaker of the House of Representatives, or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: means a document issued by the department or office authorizing a person to be appointed to transact insurance or adjust claims for the kind, line, or class of insurance identified in the document. See Florida Statutes 626.015
License: means any permit, registration, certificate, or license issued by the department. See Florida Statutes 455.01
License: means any permit, registration, certificate, or license, including a provisional license, issued by the department. See Florida Statutes 456.001
License: means the document of authorization issued by the department for a person to engage in the practice of acupuncture. See Florida Statutes 457.102
Licensed practitioner: means a person who is a primary health care provider licensed to engage in the practice of optometry under the authority of this chapter. See Florida Statutes 463.002
Licensee: means any person issued a permit, registration, certificate, or license by the department. See Florida Statutes 455.01
Licensee: means any person or entity issued a permit, registration, certificate, or license, including a provisional license, by the department. See Florida Statutes 456.001
Lien: A claim against real or personal property in satisfaction of a debt.
Life agent: means an individual representing an insurer as to life insurance and annuity contracts, or acting as a viatical settlement broker as defined in…. See Florida Statutes 626.015
Limited customer representative: means a customer representative appointed by a general lines agent or agency to assist that agent or agency in transacting only the business of private passenger motor vehicle insurance from the office of that agent or agency. See Florida Statutes 626.015
Line of authority: means a kind, line, or class of insurance an agent is authorized to transact. See Florida Statutes 626.015
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Load management control device: means any device installed by any electric utility or its contractors which temporarily interrupts electric service to major appliances, motors, or other electrical systems contained within the buildings or on the premises of consumers for the purpose of reducing the utility's system demand as needed in order to prevent curtailment of electric service in whole or in part to consumers and thereby maintain the quality of service to consumers, provided the device is in compliance with a program approved by the Florida Public Service Commission. See Florida Statutes 553.71
Local enforcement agency: means an agency of local government, a local school board, a community college board of trustees, or a university board of trustees in the State University System with jurisdiction to make inspections of buildings and to enforce the codes which establish standards for design, construction, erection, alteration, repair, modification, or demolition of public or private buildings, structures, or facilities. See Florida Statutes 553.71
Local enforcement agency: means the agency of local government which has the authority to make inspections of buildings and to enforce the Florida Building Code. See Florida Statutes 553.902
local governing body: as used in this part shall be construed to refer exclusively to such local board or agency. See Florida Statutes 553.73
Local government: means any municipality, county, district, or combination thereof comprising a governmental unit. See Florida Statutes 553.36
local government: means a county, municipality, special district, or political subdivision of the state. See Florida Statutes 553.73
Location: means a branch office, mobile location, or location of an authorized vendor whose business activity is regulated under this chapter. See Florida Statutes 560.103
Luminaire: means a complete lighting unit consisting of a fluorescent lamp or lamps, together with parts designed to distribute the light, to position and protect such lamps, and to connect such lamps to the power supply. See Florida Statutes 553.955
Manager: means a person who, directly or indirectly, controls or administers the boxing, kickboxing, or mixed martial arts affairs of a participant. See Florida Statutes 548.002
Managing general agent: means any person managing all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office, and acting as an agent for that insurer, whether known as a managing general agent, manager, or other similar term, who, with or without authority, separately or together with affiliates, produces directly or indirectly, or underwrites an amount of gross direct written premium equal to or more than 5 percent of the policyholder surplus as reported in the last annual statement of the insurer in any single quarter or year and also does one or more of the following:
Manufacture: means the process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, semifinished, or finished materials. See Florida Statutes 553.36
Manufacturer: means any person who manufactures, builds, rebuilds, fabricates, assembles, produces, programs, designs, or otherwise makes modifications to any slot machine or associated equipment for use or play of slot machines in this state for gaming purposes. See Florida Statutes 551.102
Manufacturer: means a person engaged, directly or indirectly, in the manufacture of motor vehicles. See Florida Statutes 545.01
Manufacturer: means any person or business entity engaged in the original production or assembly of a product. See Florida Statutes 553.955
Manufacturer-distributor: means a person engaged in the manufacture, compounding, combining, production, or distribution of explosives. See Florida Statutes 552.081
Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
Mixed martial arts: means the unarmed combat sport involving the use of a combination of techniques, including, but not limited to, grappling, kicking, striking, and using techniques from different disciplines of the martial arts, including, but not limited to, boxing, kickboxing, Muay Thai, jujitsu, and wrestling. See Florida Statutes 548.002
Mobile home: means any residential unit constructed to standards promulgated by the United States Department of Housing and Urban Development. See Florida Statutes 553.36
Module: means a separately transported three-dimensional component of a manufactured building which contains all or a portion of structural systems, electrical systems, plumbing systems, mechanical systems, fire systems, and thermal systems. See Florida Statutes 553.36
Money services business: means any person located in or doing business in this state, from this state, or into this state from locations outside this state or country who acts as a payment instrument seller, foreign currency exchanger, check casher, or money transmitter. See Florida Statutes 560.103
Money transmitter: means a corporation, limited liability company, limited liability partnership, or foreign entity qualified to do business in this state which receives currency, monetary value, or payment instruments for the purpose of transmitting the same by any means, including transmission by wire, facsimile, electronic transfer, courier, the Internet, or through bill payment services or other businesses that facilitate such transfer within this country, or to or from this country. See Florida Statutes 560.103
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.
Motor vehicle: means :
(a) A self-propelled device operated solely or primarily upon roadways to transport people or property, or the component part of such a self-propelled device, except such term does not include any self-propelled vehicle, or component part of such vehicle, which:
motor vehicle service agreement: includes any contract or agreement that provides:
(a) For the coverage or protection defined in this subsection and which is issued or provided in conjunction with an additive product applied to the motor vehicle that is the subject of such contract or agreement;
Naturopathy: shall be construed as synonymous terms and mean the use and practice of psychological, mechanical, and material health sciences to aid in purifying, cleansing, and normalizing human tissues for the preservation or restoration of health, according to the fundamental principles of anatomy, physiology, and applied psychology, as may be required. See Florida Statutes 462.01
Navigator: means an individual authorized by an exchange to serve as a navigator, or who works on behalf of an entity authorized by an exchange to serve as a navigator, pursuant to 42 U. See Florida Statutes 626.9951
Net pool pricing: means a method of calculating prices awarded to winning wagers relative to the contribution, net of takeouts, to a pool by each participating jurisdiction or, as applicable, site. See Florida Statutes 550.002
Net worth: means assets minus liabilities, determined in accordance with United States generally accepted accounting principles. See Florida Statutes 560.103
New product: means a product that is sold, offered for sale, or installed for the first time and specifically includes floor models and demonstration units. See Florida Statutes 553.955
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.
Nonredeemable credits: means slot machine operating credits that cannot be redeemed for cash or any other thing of value by a slot machine, kiosk, or the slot machine licensee and that are provided free of charge to patrons. See Florida Statutes 551.102
Ocular pharmaceutical agent: means a pharmaceutical agent that is administered topically or orally for the diagnosis or treatment of ocular conditions of the human eye and its appendages without the use of surgery or other invasive techniques. See Florida Statutes 463.002
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: means an individual, other than a director, who participates in, or has authority to participate in, the major policymaking functions of a money services business, regardless of whether the individual has an official title or receives a salary or other compensation. See Florida Statutes 560.103
Operating day: means a continuous period of 24 hours starting with the beginning of the first performance of a race or game, even though the operating day may start during one calendar day and extend past midnight except that no jai alai game may commence after 1:30 a. See Florida Statutes 550.002
Operation: means the ability to start the lamp at least 8 times out of 10 with a minimum of 1 minute between attempts when tested under test conditions. See Florida Statutes 553.955
Optometry: means the diagnosis of conditions of the human eye and its appendages; the employment of any objective or subjective means or methods, including the administration of ocular pharmaceutical agents, for the purpose of determining the refractive powers of the human eyes, or any visual, muscular, neurological, or anatomic anomalies of the human eyes and their appendages; and the prescribing and employment of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, light frequencies, and any other means or methods, including ocular pharmaceutical agents, for the correction, remedy, or relief of any insufficiencies or abnormal conditions of the human eyes and their appendages. See Florida Statutes 463.002
Oriental medicine: means the use of acupuncture, electroacupuncture, Qi Gong, oriental massage, herbal therapy, dietary guidelines, and other adjunctive therapies. See Florida Statutes 457.102
Osteopathic physician: means a person who is licensed to practice osteopathic medicine in this state. See Florida Statutes 459.003
Out-of-state collector: means any person or business entity engaged in the business of soliciting commercial claims for collection or of collecting commercial claims whose business activities in this state are limited to collecting commercial claims by means of interstate communications, including telephone, mail, or facsimile transmission, originating from outside this state. See Florida Statutes 559.543
Oversight: Committee review of the activities of a Federal agency or program.
Pari-mutuel facility: means the grounds or property of a cardroom, racetrack, fronton, or other facility used by a licensed permitholder. See Florida Statutes 550.002
pari-mutuel wagering: means a system of betting on races or games in which the winners divide the total amount bet, after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds assigned to particular outcomes. See Florida Statutes 550.002
Participant: means a professional competing in a boxing, kickboxing, or mixed martial arts match. See Florida Statutes 548.002
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.
Payment instrument: means a check, draft, warrant, money order, travelers check, electronic instrument, or other instrument, payment of money, or monetary value whether or not negotiable. See Florida Statutes 560.103
Payment instrument seller: means a corporation, limited liability company, limited liability partnership, or foreign entity qualified to do business in this state which sells a payment instrument. See Florida Statutes 560.103
Person: means any individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, or business trust or any entity involved in the business of insurance. See Florida Statutes 626.9511
Person: means an individual, partnership, association, trust, corporation, limited liability company, or other group, however organized, but does not include a public agency or instrumentality thereof. See Florida Statutes 560.103
Person: means an individual, firm, corporation, partnership, limited liability company, association, trustee, receiver, or assignee for the benefit of creditors. See Florida Statutes 545.01
person: means any individual, partnership, corporation, association, or other organization. See Florida Statutes 559.01
Person: as used in this part shall not include a person actively practicing law in Florida and who is also admitted to The Florida Bar, and any person who is currently a member of The Florida Bar. See Florida Statutes 559.12
person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
Personal identification information: means a customer's name that, alone or together with any of the following information, may be used to identify that specific customer:
Personal lines agent: means a general lines agent who is limited to transacting business related to property and casualty insurance sold to individuals and families for noncommercial purposes. See Florida Statutes 626.015
Personal property: All property that is not real property.
Physician: means a person who is approved by the commission, who has a license to practice medicine issued pursuant to chapter 458 or chapter 459, and whose license to practice medicine is unencumbered and in good standing. See Florida Statutes 548.002
Plaintiff: The person who files the complaint in a civil lawsuit.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Podiatric physician: means any person licensed to practice podiatric medicine pursuant to this chapter. See Florida Statutes 461.003
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
Post time: means the time set for the arrival at the starting point of the horses in a race or the beginning of a game in jai alai. See Florida Statutes 550.002
Power boiler: means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig. See Florida Statutes 554.1021
Power input: means the rate of energy consumption in watts of a ballast and fluorescent lamp or lamps. See Florida Statutes 553.955
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 chiropractic medicine: means a noncombative principle and practice consisting of the science, philosophy, and art of the adjustment, manipulation, and treatment of the human body in which vertebral subluxations and other malpositioned articulations and structures that are interfering with the normal generation, transmission, and expression of nerve impulse between the brain, organs, and tissue cells of the body, thereby causing disease, are adjusted, manipulated, or treated, thus restoring the normal flow of nerve impulse which produces normal function and consequent health by chiropractic physicians using specific chiropractic adjustment or manipulation techniques taught in chiropractic colleges accredited by the Council on Chiropractic Education. See Florida Statutes 460.403
Practice of medicine: means the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition. See Florida Statutes 458.305
Practice of osteopathic medicine: means the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition, which practice is based in part upon educational standards and requirements which emphasize the importance of the musculoskeletal structure and manipulative therapy in the maintenance and restoration of health. See Florida Statutes 459.003
Practice of podiatric medicine: means the diagnosis or medical, surgical, palliative, and mechanical treatment of ailments of the human foot and leg. See Florida Statutes 461.003
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.
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.
Profession: means any activity, occupation, profession, or vocation regulated by the department in the Divisions of Certified Public Accounting, Professions, Real Estate, and Regulation. See Florida Statutes 455.01
Profession: means any activity, occupation, profession, or vocation regulated by the department in the Division of Medical Quality Assurance. See Florida Statutes 456.001
Professional: means a person who has received or competed for a purse or other article of a value greater than $50, either for the expenses of training or for participating in a match. See Florida Statutes 548.002
Progressive system: means a computerized system linking slot machines in one or more licensed facilities within this state or other jurisdictions and offering one or more common progressive payouts based on the amounts wagered. See Florida Statutes 551.102
Promoter: means a person or entity, including an officer, director, trustee, partner, or owner of a corporate promoter or promoter partnership, who produces, arranges, or stages a match involving a professional. See Florida Statutes 548.002
property: means land that is improved and the improvements on such land, including fixtures, manufactured housing, or mobile homes and excluding public transportation projects. See Florida Statutes 558.002
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public assembly locations: includes schools, day care centers, community centers, churches, theaters, hospitals, nursing and convalescent homes, stadiums, amusement parks, and other locations open to the general public. See Florida Statutes 554.1021
Purse: means the financial guarantee or other remuneration for which a professional is participating in a match and includes the professional's share of any payment received for radio broadcasting and television, including pay-per-view or closed-circuit. See Florida Statutes 548.002
Quarter horse: means a breed of horse developed in the western United States which is capable of high speed for a short distance and used in quarter horse racing registered with the American Quarter Horse Association. See Florida Statutes 550.002
Quorum: The number of legislators that must be present to do business.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
Registered chiropractic assistant: means a person who is registered by the board to perform chiropractic services under the direct supervision of a chiropractic physician or certified chiropractic physician's assistant. See Florida Statutes 460.403
Regular wagering: means contributions to pari-mutuel pools involving wagering on a single entry in a single race, or a single jai alai player or team in a single game, such as the win pool, the place pool, or the show pool. See Florida Statutes 550.002
Relative light output: means the test ballast light output divided by a reference ballast light output using the same reference lamp and expressing the value as a percent. See Florida Statutes 553.955
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.
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Responsible person: means an individual who is employed by or affiliated with a money services business and who has principal active management authority over the business decisions, actions, and activities of the money services business in this state. See Florida Statutes 560.103
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
Salesperson: means any dealership, corporation, partnership, or sole proprietorship employed or otherwise retained by an insurer or motor vehicle service agreement company for the purpose of selling or issuing motor vehicle service agreements or for the purpose of soliciting or retaining other salespersons. See Florida Statutes 634.011
Service: means delivery by certified mail with a United States Postal Service record of evidence of delivery or attempted delivery to the last known address of the addressee, by hand delivery, or by delivery by any courier with written evidence of delivery. See Florida Statutes 558.002
service agreement: means any contract or agreement indemnifying the service agreement holder for the motor vehicle listed on the service agreement and arising out of the ownership, operation, and use of the motor vehicle against loss caused by failure of any mechanical or other component part, or any mechanical or other component part that does not function as it was originally intended; however, nothing in this part shall prohibit or affect the giving, free of charge, of the usual performance guarantees by manufacturers or dealers in connection with the sale of motor vehicles. See Florida Statutes 634.011
service agreement company: means any corporation, sole proprietorship, or partnership (other than an authorized insurer) issuing motor vehicle service agreements. See Florida Statutes 634.011
Service of process: The service of writs or summonses to the appropriate party.
Service representative: means an individual employed by an insurer or managing general agent for the purpose of assisting a general lines agent in negotiating and effecting insurance contracts when accompanied by a licensed general lines agent. See Florida Statutes 626.015
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.
Simulcasting: means broadcasting events occurring live at an in-state location to an out-of-state location, or receiving at an in-state location events occurring live at an out-of-state location, by the transmittal, retransmittal, reception, and rebroadcast of television or radio signals by wire, cable, satellite, microwave, or other electrical or electronic means for receiving or rebroadcasting the events. See Florida Statutes 550.002
Slot machine: means any mechanical or electrical contrivance, terminal that may or may not be capable of downloading slot games from a central server system, machine, or other device that, upon insertion of a coin, bill, ticket, token, or similar object or upon payment of any consideration whatsoever, including the use of any electronic payment system except a credit card or debit card, is available to play or operate, the play or operation of which, whether by reason of skill or application of the element of chance or both, may deliver or entitle the person or persons playing or operating the contrivance, terminal, machine, or other device to receive cash, billets, tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether the payoff is made automatically from the machine or manually. See Florida Statutes 551.102
Slot machine facility: means a facility at which slot machines as defined in this chapter are lawfully offered for play. See Florida Statutes 551.102
Slot machine license: means a license issued by the division authorizing a pari-mutuel permitholder to place and operate slot machines as provided by…. See Florida Statutes 551.102
Slot machine licensee: means a pari-mutuel permitholder who holds a license issued by the division pursuant to this chapter that authorizes such person to possess a slot machine within facilities specified in…. See Florida Statutes 551.102
Slot machine operator: means a person employed or contracted by the owner of a licensed facility to conduct slot machine gaming at that licensed facility. See Florida Statutes 551.102
Slot machine revenues: means the total of all cash and property, except nonredeemable credits, received by the slot machine licensee from the operation of slot machines less the amount of cash, cash equivalents, credits, and prizes paid to winners of slot machine gaming. See Florida Statutes 551.102
Special inspector: means a licensed architect or registered engineer who is certified under chapter 471 or chapter 481 to conduct inspections of threshold buildings. See Florida Statutes 553.71
Standardbred horse: means a pacing or trotting horse that is used in harness racing and that has been registered as a standardbred by the United States Trotting Association or by a foreign registry whose stud book is recognized by the United States Trotting Association. See Florida Statutes 550.002
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.
Stored value: means funds or monetary value represented in digital electronic format, whether or not specially encrypted, and stored or capable of storage on electronic media in such a way as to be retrievable and transferred electronically. See Florida Statutes 560.103
Surgery: means a procedure using an instrument, including a laser, scalpel, or needle, in which human tissue is cut, burned, scraped except as provided in…. See Florida Statutes 463.002
System: means structural, plumbing, mechanical, heating, electrical, or ventilating elements, materials, or components combined for use in a building. See Florida Statutes 553.36
Takeout: means the percentage of the pari-mutuel pools deducted by the permitholder prior to the distribution of the pool. See Florida Statutes 550.002
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Third-party provider: means a provider of an automotive-related product that is not an affiliated finance company, manufacturer, or wholesale distributor. See Florida Statutes 545.01
Thoroughbred: means a purebred horse whose ancestry can be traced back to one of three foundation sires and whose pedigree is registered in the American Stud Book or in a foreign stud book that is recognized by the Jockey Club and the International Stud Book Committee. See Florida Statutes 550.002
Threshold building: means any building which is greater than three stories or 50 feet in height, or which has an assembly occupancy classification as defined in the Florida Building Code which exceeds 5,000 square feet in area and an occupant content of greater than 500 persons. See Florida Statutes 553.71
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.
Totalisator: means the computer system used to accumulate wagers, record sales, calculate payoffs, and display wagering data on a display device that is located at a pari-mutuel facility. See Florida Statutes 550.002
trading stamp: means any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount or for any other marketing purpose, which entitles the rightful holder, on its due presentation for redemption, to receive merchandise, service, or cash. See Florida Statutes 559.01
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.
Transcript-quality: means a course which is in conjunction with or sponsored by a school or college of optometry or equivalent educational entity, which course is approved by the board and requires a test and passing grade. See Florida Statutes 463.002
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.
Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
Two-component explosives: means any two inert components that, when mixed, become capable of detonation by a detonator, and shall be classified as a Class "A" explosive when so mixed. See Florida Statutes 552.081
Unaffiliated insurance agent: means a licensed insurance agent, except a limited lines agent, who is self-appointed and who practices as an independent consultant in the business of analyzing or abstracting insurance policies, providing insurance advice or counseling, or making specific recommendations or comparisons of insurance products for a fee established in advance by written contract signed by the parties. See Florida Statutes 626.015
Unarmed combat: means a form of competition in which a strike or blow is struck that may reasonably be expected to inflict injury. See Florida Statutes 548.002
Uniform application: means the uniform application of the National Association of Insurance Commissioners for nonresident agent licensing, effective January 15, 2001, or subsequent versions adopted by rule by the department. See Florida Statutes 626.015
User: means a dealer or manufacturer-distributor who uses an explosive as an ultimate consumer or a person who, as an ultimate consumer of an explosive, purchases such explosive from a dealer or manufacturer-distributor. See Florida Statutes 552.081
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.
Usury: Charging an illegally high interest rate on a loan. Source: OCC
Vehicle contract: means a conditional sales contract, retail installment sales contract, chattel mortgage, lease agreement, promissory note, or any other financial obligation arising from the retail sale or lease of a motor vehicle. See Florida Statutes 545.01
Vehicle protection expenses: means a preestablished flat amount payable for the loss of or damage to a vehicle or expenses incurred by the service agreement holder for loss or damage to a covered vehicle, including, but not limited to, applicable deductibles under a motor vehicle insurance policy; temporary vehicle rental expenses; expenses for a replacement vehicle that is at least the same year, make, and model of the stolen motor vehicle; sales taxes or registration fees for a replacement vehicle that is at least the same year, make, and model of the stolen vehicle; or other incidental expenses specified in the agreement. See Florida Statutes 634.011
Vehicle protection product: means a product or system installed or applied to a motor vehicle or designed to prevent the theft of the motor vehicle or assist in the recovery of the stolen motor vehicle. See Florida Statutes 634.011
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
Wholesale distributor: means a person engaged, directly or indirectly, in the sale or distribution of motor vehicles to agents or to dealers. See Florida Statutes 545.01
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