Terms Used In Florida Statutes > Chapter 627 > Part VII
Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of fertilizer. See Florida Statutes 627.644
Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this law. See Florida Statutes 627.6551
Agent: means any person selling or distributing nursery stock under the partial or full control of a nurseryman. See Florida Statutes 627.663
Agricultural seed: includes the seed of grass, forage, cereal and fiber crops, and chufas and any other seed commonly recognized within the state as agricultural or field seed and mixtures of such seed. See Florida Statutes 627.6551
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.
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.
Aquatic plant: means any plant, including a floating, immersed, submersed, or ditch bank species, growing in or closely associated with an aquatic environment, and includes any part or seed of such plant. See Florida Statutes 627.663
Arrest: Taking physical custody of a person by lawful authority.
Arthropod: means any segmented invertebrate animal having jointed appendages and an exoskeleton, including insects, spiders, ticks, mites, and scorpions, but excluding crustaceans for the purpose of this chapter. See Florida Statutes 627.663
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.
Authorized representative: means any designated employee, inspector, or collaborator of the division or the United States Department of Agriculture. See Florida Statutes 627.663
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
Brand name: means any word, name, symbol, or device, or combination thereof, identifying the commercial feed of a distributor and distinguishing it from the commercial feed of others. See Florida Statutes 627.658
Breeder seed: means seed that are released directly from the breeder or experiment station that develops the seed. See Florida Statutes 627.6551
certificate: includes label, rubber stamp imprint, tag, permit, written statement, or any form of inspection and certification document which accompanies the movement of inspected and certified plant material and plant products. See Florida Statutes 627.663
Certificate of inspection: means an official document stipulating compliance with the requirements of this chapter. See Florida Statutes 627.663
Certificate of registration: means an official document issued by the division to nurseries, stock dealers, agents, and plant brokers as evidence of being properly registered with the division in compliance with the requirements of this chapter and of any of the rules promulgated hereunder. See Florida Statutes 627.663
Citrus: means all plants, plant parts, and plant products, including seed and fruit, of all genera, species, and varieties of the Rutaceous subfamilies Aurantioideae, Rutoideae, and Toddalioideae, unless specifically excluded by the rules of the department. See Florida Statutes 627.663
Commercial feed: means all materials or combinations of materials that are distributed or intended to be distributed for use as feed or for mixing in a feed for animals other than humans, except:
(a) Unmixed whole seeds, including physically altered entire unmixed seeds, when such seeds are not chemically changed or are not adulterated within the meaning of…. See Florida Statutes 627.658
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Cooperative: means any corporation organized under the provisions of chapter 618 or chapter 619 for the mutual benefit of its members who are producers of milk, and which sells, distributes, or provides feed for dairy cows or feed ingredients for such feed only to its members. See Florida Statutes 627.658
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.
customer: means the person who purchases or receives commercial feed or feedstuff for feeding to animals. See Florida Statutes 627.658
Customer-formula feed: means a commercial feed consisting of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final customer, is distributed only to that customer, and is not redistributed. See Florida Statutes 627.658
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Date of test: means the month and year the percentage of germination appearing on the label was obtained by laboratory test. See Florida Statutes 627.6551
Dealer: means any person, other than the manufacturer, who offers for sale, sells, barters, or supplies commercial fertilizer. See Florida Statutes 627.644
Dealer: means any person who sells or offers for sale any agricultural, vegetable, flower, or forest tree seed for seeding purposes, and includes farmers who sell cleaned, processed, packaged, and labeled seed. See Florida Statutes 627.6551
Department: means the Department of Agriculture and Consumer Services or its authorized representatives. See Florida Statutes 627.644
Department: means the Department of Agriculture and Consumer Services or its authorized representative. See Florida Statutes 627.6551
Distribute: means to offer for sale, sell, barter, or exchange commercial feed or feedstuff or to supply, furnish, or otherwise provide commercial feed or feedstuff for use by any consumer or customer in the state. See Florida Statutes 627.658
Distribution: means the movement of nursery stock from the property where it is grown or kept to any other noncontiguous property, regardless of the ownership of the properties concerned. See Florida Statutes 627.663
Division: means the Division of Plant Industry of the Department of Agriculture and Consumer Services. See Florida Statutes 627.663
Donor: The person who makes a gift.
Drug: means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans and articles other than feed intended to affect the structure or any function of the animal body. See Florida Statutes 627.658
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
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.
Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
Feedstuff: means edible materials, other than commercial feed, which are distributed for animal consumption and which contribute energy or nutrients, or both, to an animal diet. See Florida Statutes 627.658
Fertilizer: means any substance which:
(a) Contains one or more recognized plant nutrients and promotes plant growth, or
Flower seed: includes seed of herbaceous plants grown for blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower seed in this state. See Florida Statutes 627.6551
Fraud: Intentional deception resulting in injury to another.
Germination: means the percentage of seed capable of producing normal seedlings under ordinarily favorable conditions. See Florida Statutes 627.6551
Good management practices: means procedures for manufacture, distribution, transportation, sampling, inspection, and analysis of feed which are designed to prevent contamination of the feed by toxins, drugs, bacteria, or other harmful substances. See Florida Statutes 627.658
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
group health insurance policy: include plans of self-insurance providing health insurance benefits. See Florida Statutes 627.652
Hard seed: means the percentage of seed which because of hardness or impermeability did not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned. See Florida Statutes 627.6551
Inert matter: includes broken seed when one-half in size or less; seed of legumes or crucifers with the seed coats removed; undeveloped and badly injured weed seed such as sterile dodder which, upon visual examination, are clearly incapable of growth; empty glumes of grasses; attached sterile glumes of grasses (which must be removed from the fertile glumes except in Rhodes grass); dirt, stone, chaff, nematode, fungus bodies, and any matter other than seed. See Florida Statutes 627.6551
Integrated poultry operation: means a business enterprise that owns all stages of poultry production and manufactures and distributes commercial feed or feedstuff for consumption by animals owned by the business enterprise. See Florida Statutes 627.658
Invasive plant: means a naturalized plant that disrupts naturally occurring native plant communities. See Florida Statutes 627.663
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.
Kind: means one or more related species or subspecies which singly or collectively is known by one common name; e. See Florida Statutes 627.6551
Label: means a display of written, printed, or graphic matter upon the immediate container of any fertilizer or accompanying any fertilizer when moved in bulk. See Florida Statutes 627.644
Label: means a display of written, printed, or graphic matter upon or affixed to the container in which a product is distributed, or on the invoice accompanying the product. See Florida Statutes 627.658
Labeling: means all labels and other written, printed, or graphic matters upon an article or any of its containers or wrappers, or accompanying such article. See Florida Statutes 627.644
Labeling: includes all labels and other written, printed, or graphic representations, in any form, accompanying and pertaining to any seed, whether in bulk or in containers, and includes invoices and other bills of shipment when sold in bulk. See Florida Statutes 627.6551
Labeling: means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers, or accompanying commercial feed or feedstuff. See Florida Statutes 627.658
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensee: means a person who guarantees a fertilizer and receives a license to distribute fertilizer under the provisions of this chapter. See Florida Statutes 627.644
Lien: A claim against real or personal property in satisfaction of a debt.
Lot of seed: means a definite quantity of seed identified by a lot number or other identification, every portion or bag of which is uniform, for the factors which appear in the labeling, within permitted tolerances. See Florida Statutes 627.6551
Manufacture: means the grinding, mixing, or blending, or further processing, of a commercial feed for distribution. See Florida Statutes 627.658
Manufacturer: means a person engaged in the business of importing, preparing, mixing, blending, or manufacturing fertilizer for sale, either direct to consumers or by or through other media of distribution, and the word "manufacture" means preparation, mixing, blending, or manufacturing for the purpose of distribution. See Florida Statutes 627.644
Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
Mixed fertilizer: means a fertilizer containing any combination or mixtures of fertilizers. See Florida Statutes 627.644
mixture: means seed consisting of more than one kind or variety, each present in excess of 5 percent of the whole. See Florida Statutes 627.6551
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Move: means to ship, offer for shipment, receive for transportation, carry, or otherwise transport. See Florida Statutes 627.663
Noxious aquatic plant: means any part, including, but not limited to, seeds or reproductive parts, of an aquatic plant that has the potential to hinder the growth of beneficial plants, interfere with irrigation or navigation, or adversely affect the public welfare or the natural resources of this state. See Florida Statutes 627.663
Noxious weed: means any living stage, including, but not limited to, seeds and productive parts, of a parasitic or other plant of a kind, or subdivision of a kind, which may be a serious agricultural threat in Florida or have a negative impact on the plant species protected under…. See Florida Statutes 627.663
Nursery: means any grounds or premises on or in which nursery stock is grown, propagated, or held for sale or distribution, except where aquatic plant species are tended for harvest in the natural environment. See Florida Statutes 627.663
Nursery stock: means all plants, trees, shrubs, vines, bulbs, cuttings, grafts, scions, or buds grown or kept for or capable of propagation or distribution, unless specifically excluded by the rules of the department. See Florida Statutes 627.663
Nurseryman: means any person engaged in the production of nursery stock for sale or distribution. See Florida Statutes 627.663
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.
Official organ: means a printed document published by the division for notification to the public and industries in matters relating to division activities and in which official announcements may be made. See Florida Statutes 627.663
Origin: means the state, District of Columbia, Puerto Rico, or possession of the United States, or the foreign country where the seed were grown, except for forest tree seed, with respect to which the term "origin" means the county or state forest service seed collection zone and the state where the seed were grown. See Florida Statutes 627.6551
Other crop seed: includes all seed of plants grown in this state as crops, other than the kind or kind and variety included in the pure seed, when not more than 5 percent of the whole of a single kind or variety is present, unless designated as weed seed. See Florida Statutes 627.6551
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.
person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 88.6011
Plant broker: means a person who transacts the transfer of plants from a seller to a buyer and who may or may not be in actual physical possession of the plants. See Florida Statutes 627.663
Plant pest: means any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or their reproductive parts, or viruses, or any organisms similar to or allied with any of the foregoing, including any genetically engineered organisms, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants or plant parts or any processed, manufactured, or other plant products. See Florida Statutes 627.663
Plants and plant products: means trees, shrubs, vines, forage and cereal plants, and all other plants and plant parts, including cuttings, grafts, scions, buds, fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all products made from them, unless specifically excluded by the rules of the department. See Florida Statutes 627.663
political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 88.6011
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Processing: means conditioning, cleaning, scarifying, or blending to obtain uniform quality and other operations which would change the purity or germination of the seed and, therefore, require retesting to determine the quality of the seed. See Florida Statutes 627.6551
Product name: means the name of the commercial feed which identifies it as to kind, class, or specific use. See Florida Statutes 627.658
Pure seed: includes all seed of the kind or kind and variety or strain under consideration, whether shriveled, cracked, or otherwise injured, and pieces of broken seed larger than one-half the original size. See Florida Statutes 627.6551
Quarantine: means an official order issued by the department that regulates the movement of articles, plants, or plant products to prevent the spread of disease or pests. See Florida Statutes 627.663
Record: includes the symbol identifying the seed as to origin, amount, processing, testing, labeling and distribution, file sample of the seed, and any other document or instrument pertaining to the purchase, sale, or handling of agricultural, vegetable, flower, or forest tree seed. See Florida Statutes 627.6551
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.
Restricted noxious weed seed: means the seed of such weeds as are very objectionable in fields, lawns, or gardens of this state, but can be controlled by good cultural practice. See Florida Statutes 627.6551
Stock dealer: means any person not a grower of nursery stock in this state who buys or otherwise acquires nursery stock for the purpose of reselling independently of any control of a nurseryman, agent, or plant broker, and who at any time maintains physical possession of such nursery stock. See Florida Statutes 627.663
Stop-sale: means any written or printed notice or order issued by the department to the owner or custodian of any lot of agricultural, vegetable, flower, or forest tree seed in the state, directing the owner or custodian not to sell or offer for sale seed designated by the order within the state until the requirements of this law are complied with and a written release has been issued; except that the seed may be released to be sold for feed. See Florida Statutes 627.6551
Subpoena: A command to a witness to appear and give testimony.
Subpoena duces tecum: A command to a witness to produce documents.
Treated: means that the seed has been given an application of a material or subjected to a process designed to control or repel disease organisms, insects, or other pests attacking seed or seedlings grown therefrom to improve its planting value or to serve any other purpose. See Florida Statutes 627.6551
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Florida Statutes 627.6551
Variety: means a subdivision of a kind characterized by growth, plant fruit, seed, or other characteristics by which it can be differentiated from other sorts of the same kind; e. See Florida Statutes 627.6551
Vegetable seed: means the seed of those crops which are grown in gardens or on truck farms, and are generally known and sold under the name of vegetable seed in this state. See Florida Statutes 627.6551
Weed seed: includes the seed of all plants generally recognized as weeds within this state, and includes prohibited and restricted noxious weed seed, bulblets, and tubers. See Florida Statutes 627.6551
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 88.6011