Terms Used In Florida Statutes > Chapter 628 > Part III - Mutual Insurance Holding Companies

• Acquired eligible entity: means the domestic or foreign eligible entity that will have all of one or more classes or series of its shares or eligible interests acquired in a share exchange. See Florida Statutes 607.01401
• Acquiring eligible entity: means the domestic or foreign eligible entity that will acquire all of one or more classes or series of shares or eligible interests of the acquired eligible entity in a share exchange. See Florida Statutes 607.01401
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• 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.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Animal: means any mammal other than a human being or any bird, amphibian, fish, or reptile, wild or domestic, living or dead. See Florida Statutes 474.202
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicable county: means : the county in this state in which a corporation's principal office is located or was located when an action is or was commenced; if the corporation has, and at the time of such action had, no principal office in this state, then in the county in which the corporation has, or at the time of such action had, an office in this state; or if the corporation does not have an office in this state, then in the county in which the corporation's registered office is or was last located. See Florida Statutes 607.01401
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Articles of incorporation: includes original, amended, and restated articles of incorporation, articles of share exchange, and articles of merger, and all amendments thereto. See Florida Statutes 607.01401
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorized entity: means :
  (a) A corporation for profit;
  (b) A limited liability company;
  (c) A limited liability partnership; or
  (d) A limited partnership, including a limited liability limited partnership. See Florida Statutes 607.01401
• Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Florida Statutes 607.01401
• 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.
• Beneficial shareholder: means a person who owns the beneficial interest in shares. See Florida Statutes 607.01401
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefit corporation: means a corporation that is formed, or has elected to become, subject to this part, the status of which as a benefit corporation has not been terminated. See Florida Statutes 607.602
• Benefit director: means :
  (a) The director designated as the benefit director of a social purpose corporation under…. See Florida Statutes 607.502
• Benefit director: means :
  (a) The director designated as the benefit director of a benefit corporation under…. See Florida Statutes 607.602
• Benefit enforcement proceeding: means a claim or action for:
  (a) The failure of a social purpose corporation to pursue or create a public benefit or a specific public benefit established in its articles of incorporation; or
  (b) A violation of any obligation, duty, or standard of conduct under this part. See Florida Statutes 607.502
• Benefit enforcement proceeding: means any claim or action for:
  (a) The failure of a benefit corporation to pursue or create general public benefit or a specific public benefit purpose set forth in its articles of incorporation; or
  (b) A violation of any obligation, duty, or standard of conduct under this part. See Florida Statutes 607.602
• Benefit officer: means the individual designated as the benefit officer of a social purpose corporation under…. See Florida Statutes 607.502
• Benefit officer: means the individual designated as the benefit officer of a benefit corporation under…. See Florida Statutes 607.602
• Bequest: Property gifted by will.
• Board: means the Board of Accountancy. See Florida Statutes 473.302
• Board: means the Board of Veterinary Medicine. See Florida Statutes 474.202
• Board: means the Board of Cosmetology. See Florida Statutes 477.013
• Board: means the Board of Medicine. See Florida Statutes 478.42
• Board: means the Board of Physical Therapy Practice. See Florida Statutes 486.021
• Board: means the Board of Psychology. See Florida Statutes 490.003
• Board: means the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling. See Florida Statutes 491.003
• Body wrapping: means a treatment program that uses herbal wraps for the purposes of cleansing and beautifying the skin of the body, but does not include:
  (a) The application of oils, lotions, or other fluids to the body, except fluids contained in presoaked materials used in the wraps; or
  (b) Manipulation of the body's superficial tissue, other than that arising from compression emanating from the wrap materials. See Florida Statutes 477.013
• Business day: means Monday through Friday, excluding any day a national banking association is not open for normal business transactions. See Florida Statutes 607.01401
• Certified public accountant: means an individual who holds a license to practice public accounting in this state or an individual who is practicing public accounting in this state pursuant to the practice privilege granted in…. See Florida Statutes 473.302
• Client: means the owner or caretaker of an animal who arranges for its veterinary care. See Florida Statutes 474.202
• Clinical social worker: means a person licensed under this chapter to practice clinical social work. See Florida Statutes 491.003
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conspicuous: means so written, displayed, or presented that a reasonable person against whom the writing is to operate should have noticed it. See Florida Statutes 607.01401
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conversion: means a transaction pursuant to ss. See Florida Statutes 607.01401
• Converted eligible entity: means the converting eligible entity as it continues in existence after a conversion. See Florida Statutes 607.01401
• Converting eligible entity: means the domestic corporation that approves a plan of conversion pursuant to…. See Florida Statutes 607.01401
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cosmetologist: means a person who is licensed to engage in the practice of cosmetology in this state under the authority of this chapter. See Florida Statutes 477.013
• Cosmetology: means the mechanical or chemical treatment of the head, face, and scalp for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair arranging, hair coloring, permanent waving, and hair relaxing for compensation. See Florida Statutes 477.013
• Council: means the Electrolysis Council. See Florida Statutes 478.42
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day: means a calendar day. See Florida Statutes 607.01401
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• delivery: means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery, and, if authorized under…. See Florida Statutes 607.01401
• Department: means the Department of Business and Professional Regulation. See Florida Statutes 473.302
• Department: means the Department of Business and Professional Regulation. See Florida Statutes 474.202
• Department: means the Department of Business and Professional Regulation. See Florida Statutes 477.013
• Department: means the Florida Department of State. See Florida Statutes 607.01401
• Department: means the Department of Health. See Florida Statutes 478.42
• Department: means the Department of Health. See Florida Statutes 486.021
• Department: means the Department of Health. See Florida Statutes 490.003
• Department: means the Department of Health. See Florida Statutes 491.003
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Derivative proceeding: means a civil suit in the right of a domestic corporation or, to the extent provided in…. See Florida Statutes 607.01401
• Devise: To gift property by will.
• Direct supervision: means supervision by a physical therapist who is licensed pursuant to this chapter. See Florida Statutes 486.021
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distribution: means a direct or indirect transfer of money or other property (except its own shares) or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. See Florida Statutes 607.01401
• Doctoral degree in psychology: means a Psy. See Florida Statutes 490.003
• Document: means :
  (a) Any tangible medium on which information is inscribed, and includes any writing or written instrument; or
  (b) An electronic record. See Florida Statutes 607.01401
• Domestic: means , with respect to an entity, an entity governed as to its internal affairs by the laws of this state. See Florida Statutes 607.01401
• domestic corporation: means a corporation for profit, which is not a foreign corporation, incorporated under this chapter. See Florida Statutes 607.01401
• Domesticated corporation: means the domesticating corporation as it continues in existence after a domestication. See Florida Statutes 607.01401
• Domesticating corporation: means the domestic corporation that approves a plan of domestication pursuant to…. See Florida Statutes 607.01401
• Domestication: means a transaction pursuant to ss. See Florida Statutes 607.01401
• Dry needling: means a skilled intervention, based on Western medicine, that uses filiform needles and other apparatus or equipment to stimulate a myofascial trigger point for the evaluation and management of neuromusculoskeletal conditions, pain, movement impairments, and disabilities. See Florida Statutes 486.021
• Effective date: means , when referring to a document accepted for filing by the department, the date and time determined in accordance with…. See Florida Statutes 607.01401
• Electrologist: means a person who engages in the practice of electrolysis. See Florida Statutes 478.42
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Florida Statutes 607.01401
• Electronic record: means information that is stored in an electronic or other medium and is retrievable in paper form through an automated process used in conventional commercial practice, unless otherwise authorized under…. See Florida Statutes 607.01401
• electronically transmitted: means any form or process of communication not directly involving the physical transfer of paper or another tangible medium, which:
  (a) Is suitable for the retention, retrieval, and reproduction of information by the recipient; and
  (b) Is retrievable in paper form by the recipient through an automated process used in conventional commercial practice, unless otherwise authorized under…. See Florida Statutes 607.01401
• Eligible entity: means :
  1. See Florida Statutes 607.01401
• Eligible interests: means interests or memberships. See Florida Statutes 607.01401
• Employee: includes an officer but not a director. See Florida Statutes 607.01401
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entity: includes corporation and foreign corporation; unincorporated association; business trust, estate, limited liability company, partnership, trust, and two or more persons having a joint or common economic interest; and state, United States, and foreign governments. See Florida Statutes 607.01401
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Expenses: means reasonable expenses of any kind that are incurred in connection with a matter. See Florida Statutes 607.01401
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• Filing entity: means an entity, other than a limited liability partnership, that is of a type that is created by filing a public organic record or is required to file a public organic record that evidences its creation. See Florida Statutes 607.01401
• Firm: means any legal entity that is engaged in the practice of public accounting. See Florida Statutes 473.302
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Florida certified public accountant: means an individual holding a license under the authority of this chapter. See Florida Statutes 473.302
• Foreign: means , with respect to an entity, an entity governed as to its internal affairs by the organic law of a jurisdiction other than this state. See Florida Statutes 607.01401
• Foreign corporation: means an entity incorporated or organized under laws other than the laws of this state which would be a corporation for profit if incorporated under the laws of this state. See Florida Statutes 607.01401
• Foreign nonprofit corporation: means an entity incorporated or organized under laws other than the laws of this state which would be a nonprofit corporation if incorporated under the laws of this state. See Florida Statutes 607.01401
• Fraud: Intentional deception resulting in injury to another.
• General public benefit: means a material, positive effect on society and the environment, taken as a whole, as assessed using a third-party standard which is attributable to the business and operations of a benefit corporation. See Florida Statutes 607.602
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental subdivision: includes authority, county, district, and municipality. See Florida Statutes 607.01401
• Governor: means :
  (a) A director of a corporation for profit;
  (b) A director or trustee of a nonprofit corporation;
  (c) A general partner of a general partnership;
  (d) A general partner of a limited partnership;
  (e) A manager of a manager-managed limited liability company;
  (f) A member of a member-managed limited liability company;
  (g) A director or a trustee of a real estate investment trust; or
  (h) Any other person under whose authority the powers of an entity are exercised and under whose direction the activities and affairs of the entity are managed pursuant to the organic law and organic rules of the entity. See Florida Statutes 607.01401
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Hair braiding: means the weaving or interweaving of natural human hair or commercial hair, including the use of hair extensions or wefts, for compensation without cutting, coloring, permanent waving, relaxing, removing, or chemical treatment. See Florida Statutes 477.013
• Hair wrapping: means the wrapping of manufactured materials around a strand or strands of human hair, for compensation, without cutting, coloring, permanent waving, relaxing, removing, weaving, chemically treating, braiding, using hair extensions, or performing any other service defined as cosmetology. See Florida Statutes 477.013
• 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: means not having a material relationship with the social purpose corporation or a subsidiary of the social purpose corporation. See Florida Statutes 607.502
• Independent: means not having a material relationship with the benefit corporation or a subsidiary of the benefit corporation. See Florida Statutes 607.602
• Individual: includes the estate of an incompetent or deceased individual. See Florida Statutes 607.01401
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insolvent: means either:
  (a) The inability of a corporation to pay its debts as they become due in the usual course of its business; or
  (b) The value of the corporation's total assets are less than the sum of its total liabilities, at fair valuation. See Florida Statutes 607.01401
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Interest: means :
  (a) A share in a corporation for profit;
  (b) A membership in a nonprofit corporation;
  (c) A partnership interest in a general partnership, including a limited liability partnership;
  (d) A partnership interest in a limited partnership, including a limited liability limited partnership;
  (e) A membership interest in a limited liability company;
  (f) A share or beneficial interest in a real estate investment trust;
  (g) A member's interest in a limited cooperative association;
  (h) A beneficial interest in a statutory trust, business trust, or common law business trust; or
  (i) A governance interest or distributional interest in another entity. See Florida Statutes 607.01401
• Interest holder: means :
  (a) A shareholder of a corporation for profit;
  (b) A member of a nonprofit corporation;
  (c) A general partner of a general partnership;
  (d) A general partner of a limited partnership;
  (e) A limited partner of a limited partnership;
  (f) A member of a limited liability company;
  (g) A shareholder or beneficial owner of a real estate investment trust;
  (h) A beneficiary or beneficial owner of a statutory trust, business trust, or common law business trust; or
  (i) Another direct holder of an interest. See Florida Statutes 607.01401
• Interest holder liability: means :
  (a) Personal liability for a liability of an entity which is imposed on a person:

  1. See Florida Statutes 607.01401
• Intermediate holding company: means :
  (a) A holding company that is a subsidiary of a mutual insurance holding company, and which directly or through a subsidiary intermediate holding company owns a majority of the voting shares of the capital stock of one or more subsidiary insurance companies; or
  (b) A holding company that is a not-for-profit corporation and a subsidiary of a mutual insurance holding company, of which a majority of the voting membership interests entitled to elect the board of directors of such corporation are owned, directly or through a subsidiary intermediate holding company, by the mutual insurance holding company. See Florida Statutes 628.703
• 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.
• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisdiction of formation: means , with respect to an entity:
  (a) The jurisdiction under whose organic law the entity is formed, incorporated, or created or otherwise comes into being; however, for these purposes, if an entity exists under the law of a jurisdiction different from the jurisdiction under which the entity originally was formed, incorporated, or created or otherwise came into being, then the jurisdiction under which the entity then exists is treated as the jurisdiction of formation; or
  (b) In the case of a limited liability partnership or foreign limited liability partnership, the jurisdiction in which the partnership's statement of qualification or equivalent document is filed. See Florida Statutes 607.01401
• Jurisprudence: The study of law and the structure of the legal system.
• 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.
• License: means the document of authorization granted by the board and issued by the department for a person to engage in the practice of physical therapy. See Florida Statutes 486.021
• Licensed professional counselor: means a clinical social worker, marriage and family therapist, or mental health counselor authorized to provide services under…. See Florida Statutes 491.003
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mail: means the United States mail, facsimile transmissions, and private mail carriers handling nationwide mail services. See Florida Statutes 607.01401
• majority of the voting shares of the capital stock: means the shares of the capital stock of such company which carry the right to cast a majority of the votes entitled to be cast by all of the outstanding shares of the capital stock for the election of directors. See Florida Statutes 628.703
• Marriage and family therapist: means a person licensed under this chapter to practice marriage and family therapy. See Florida Statutes 491.003
• Membership: means the rights of a member in a domestic or foreign nonprofit corporation. See Florida Statutes 607.01401
• Mental health counselor: means a person licensed under this chapter to practice mental health counseling. See Florida Statutes 491.003
• Merger: means a transaction pursuant to…. See Florida Statutes 607.01401
• Minimum status vote: means :
  (a) In the case of a corporation that is to become a social purpose corporation, whether by amendment of the articles of incorporation or by way of or pursuant to a merger, conversion, or share exchange; a social purpose corporation whose articles of incorporation are to be amended pursuant to…. See Florida Statutes 607.502
• Minimum status vote: means :
  (a) In the case of a corporation that is to become a benefit corporation, whether by amendment of the articles of incorporation or by way of or pursuant to a merger, conversion, or share exchange; a benefit corporation whose articles of incorporation are to be amended pursuant to…. See Florida Statutes 607.602
• minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mutual insurance holding company: means an incorporated entity without permanent capital stock which is organized under this part and whose members are determined in accordance with this part. See Florida Statutes 628.703
• Myofascial trigger point: means an irritable section of soft tissue often associated with palpable nodules in taut bands of muscle fibers. See Florida Statutes 486.021
• 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.
• Nonprofit health care plan: means a not-for-profit domestic or foreign hospital or medical and surgical service plan or corporation that is licensed in one or more states, issues no capital stock, and is engaged in the business of providing prepaid indemnity or health care benefits. See Florida Statutes 628.703
• oath: includes affirmations. See Florida Statutes 1.01
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Organic law: means the laws of the jurisdiction in which the entity was formed. See Florida Statutes 607.01401
• Organic rules: means the public organic record and private organic rules of an entity. See Florida Statutes 607.01401
• Oversight: Committee review of the activities of a Federal agency or program.
• Paid premiums: means all premiums paid for insurance by a member of a mutual insurance holding company to a subsidiary insurance company. See Florida Statutes 628.703
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party to a merger: means any domestic or foreign entity that will merge under a plan of merger. See Florida Statutes 607.01401
• Patient: means any animal for which the veterinarian practices veterinary medicine. See Florida Statutes 474.202
• Person: includes an individual and an entity. See Florida Statutes 607.01401
• person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
• Personal property: All property that is not real property.
• Photography studio salon: means an establishment where the hair-arranging services and the application of cosmetic products are performed solely for the purpose of preparing the model or client for the photographic session without shampooing, cutting, coloring, permanent waving, relaxing, or removing of hair or performing any other service defined as cosmetology. See Florida Statutes 477.013
• Physical therapist: means a person who is licensed and who practices physical therapy in accordance with the provisions of this chapter. See Florida Statutes 486.021
• Physical therapist assistant: means a person who is licensed in accordance with the provisions of this chapter to perform patient-related activities, including the use of physical agents, whose license is in good standing, and whose activities are performed under the direction of a physical therapist as set forth in rules adopted pursuant to this chapter. See Florida Statutes 486.021
• Physical therapy practitioner: means a physical therapist or a physical therapist assistant who is licensed and who practices physical therapy in accordance with the provisions of this chapter. See Florida Statutes 486.021
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01
• practice of marriage and family therapy: means the use of scientific and applied marriage and family theories, methods, and procedures for the purpose of describing, evaluating, and modifying marital, family, and individual behavior, within the context of marital and family systems, including the context of marital formation and dissolution, and is based on marriage and family systems theory, marriage and family development, human development, normal and abnormal behavior, psychopathology, human sexuality, and psychotherapeutic and marriage and family therapy theories and techniques. See Florida Statutes 491.003
• practice of mental health counseling: means the use of scientific and applied behavioral science theories, methods, and techniques for the purpose of describing, preventing, and treating undesired behavior and enhancing mental health and human development and is based on the person-in-situation perspectives derived from research and theory in personality, family, group, and organizational dynamics and development, career planning, cultural diversity, human growth and development, human sexuality, normal and abnormal behavior, psychopathology, psychotherapy, and rehabilitation. See Florida Statutes 491.003
• Practice of physical therapy: means the performance of physical therapy assessments and the treatment of any disability, injury, disease, or other health condition of human beings, or the prevention of such disability, injury, disease, or other health condition, and the rehabilitation of such disability, injury, disease, or other health condition by alleviating impairments, functional movement limitations, and disabilities by designing, implementing, and modifying treatment interventions through therapeutic exercise; functional movement training in self-management and in-home, community, or work integration or reintegration; manual therapy; massage; airway clearance techniques; maintaining and restoring the integumentary system and wound care; physical agent or modality; mechanical or electrotherapeutic modality; patient-related instruction; the use of apparatus and equipment in the application of such treatment, prevention, or rehabilitation; the performance of tests of neuromuscular functions as an aid to the diagnosis or treatment of any human condition; or the performance of electromyography as an aid to the diagnosis of any human condition only upon compliance with the criteria set forth by the Board of Medicine. See Florida Statutes 486.021
• Practice of psychology: means the observations, description, evaluation, interpretation, and modification of human behavior, by the use of scientific and applied psychological principles, methods, and procedures, for the purpose of describing, preventing, alleviating, or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal behavioral health and mental or psychological health. See Florida Statutes 490.003
• Practice of school psychology: means the rendering or offering to render to an individual, a group, an organization, a government agency, or the public any of the following services:
  (a) Assessment, which includes psychoeducational, developmental, and vocational assessment; evaluation and interpretation of intelligence, aptitudes, interests, academic achievement, adjustment, and motivations, or any other attributes, in individuals or groups, that relate to learning, educational, or adjustment needs. See Florida Statutes 490.003
• Practice of veterinary medicine: means diagnosing the medical condition of animals and prescribing, dispensing, or administering drugs, medicine, appliances, applications, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease thereof; performing any manual procedure for the diagnosis of or treatment for pregnancy or fertility or infertility of animals; or representing oneself by the use of titles or words, or undertaking, offering, or holding oneself out, as performing any of these functions. See Florida Statutes 474.202
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Principal office: means the office (in or out of this state) where the principal executive offices of a domestic or foreign corporation are located as designated in the articles of incorporation or other initial filing until an annual report has been filed, and thereafter as designated in the annual report. See Florida Statutes 607.01401
• Private organic rules: means the rules, whether or not in a record, which govern the internal affairs of an entity, are binding on all its interest holders, and are not part of its public organic record, if any. See Florida Statutes 607.01401
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes a civil suit, a criminal action, an administrative action, and an investigatory action. See Florida Statutes 607.01401
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protected agreement: means :
  (a) A record evidencing indebtedness and any related agreement in effect on January 1, 2020;
  (b) An agreement that is binding on an entity on January 1, 2020;
  (c) The organic rules of an entity in effect on January 1, 2020; or
  (d) An agreement that is binding on any of the governors or interest holders of an entity on January 1, 2020. See Florida Statutes 607.01401
• Provisional clinical social worker licensee: means a person provisionally licensed under this chapter to provide clinical social work services under supervision. See Florida Statutes 491.003
• Provisional marriage and family therapist licensee: means a person provisionally licensed under this chapter to provide marriage and family therapy services under supervision. See Florida Statutes 491.003
• Provisional mental health counselor licensee: means a person provisionally licensed under this chapter to provide mental health counseling services under supervision. See Florida Statutes 491.003
• Provisional psychologist licensee: means a person provisionally licensed under this chapter to provide psychological services under supervision. See Florida Statutes 490.003
• Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
• Psychologist: means a person licensed pursuant to…. See Florida Statutes 490.003
• Psychotherapist: means a clinical social worker, marriage and family therapist, or mental health counselor licensed pursuant to this chapter. See Florida Statutes 491.003
• public accounting: means :
  (a) Offering to perform or performing for the public one or more types of services involving the expression of an opinion on financial statements, the attestation as an expert in accountancy to the reliability or fairness of presentation of financial information, the utilization of any form of opinion or financial statements that provide a level of assurance, the utilization of any form of disclaimer of opinion which conveys an assurance of reliability as to matters not specifically disclaimed, or the expression of an opinion on the reliability of an assertion by one party for the use by a third party;
  (b) Offering to perform or performing for the public one or more types of services involving the use of accounting skills, or one or more types of tax, management advisory, or consulting services, by any person who is a certified public accountant who holds an active license, issued pursuant to this chapter, or who is authorized to practice public accounting pursuant to the practice privileges granted in…. See Florida Statutes 473.302
• Public benefit: means a positive effect, or the minimization of negative effects, taken as a whole, on the environment or on one or more categories of persons or entities, other than shareholders in their capacity as shareholders, of an artistic, charitable, economic, educational, cultural, literary, religious, social, ecological, or scientific nature, from the business and operations of a social purpose corporation. See Florida Statutes 607.502
• Public organic record: means a record, the filing of which by a governmental body is required to form an entity, and an amendment to or restatement of such record. See Florida Statutes 607.01401
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record date: means the date fixed for determining the identity of the corporation's shareholders and their share holdings for purposes of this chapter. See Florida Statutes 607.01401
• Record shareholder: means :
  (a) The person in whose name shares are registered in the records of the corporation; or
  (b) The person identified as a beneficial owner of shares in the beneficial ownership certificate under…. See Florida Statutes 607.01401
• Registered clinical social worker intern: means a person registered under this chapter who is completing the postgraduate clinical social work experience requirement specified in…. See Florida Statutes 491.003
• Registered marriage and family therapist intern: means a person registered under this chapter who is completing the post-master's clinical experience requirement specified in…. See Florida Statutes 491.003
• Registered mental health counselor intern: means a person registered under this chapter who is completing the post-master's clinical experience requirement specified in…. See Florida Statutes 491.003
• 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.
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• School psychologist: means a person licensed pursuant to…. See Florida Statutes 490.003
• Secretary: means the corporate officer to whom the board of directors has delegated responsibility under…. See Florida Statutes 607.01401
• Secretary of state: means the Secretary of State of the State of Florida. See Florida Statutes 607.01401
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shampooing: means the washing of the hair with soap and water or with a special preparation, or applying hair tonics. See Florida Statutes 477.013
• Share exchange: means a transaction pursuant to…. See Florida Statutes 607.01401
• Shareholder: means a record shareholder. See Florida Statutes 607.01401
• Shares: means the units into which the proprietary interests in a corporation are divided. See Florida Statutes 607.01401
• signature: means , with present intent to authenticate or adopt a document:
  (a) To execute or adopt a tangible symbol on a document, which includes any manual facsimile or conformed signature; or
  (b) To attach or to logically associate with an electronic transmission an electronic sound, symbol, or process, which includes an electronic signature in an electronic transmission. See Florida Statutes 607.01401
• Skin care services: means the treatment of the skin of the body, other than the head, face, and scalp, by the use of a sponge, brush, cloth, or similar device to apply or remove a chemical preparation or other substance, except that chemical peels may be removed by peeling an applied preparation from the skin by hand. See Florida Statutes 477.013
• Social purpose corporation: means a corporation that is formed, or has elected to become, subject to this part, the status of which as a social purpose corporation has not been terminated. See Florida Statutes 607.502
• Social worker: means a person who has a bachelor's, master's, or doctoral degree in social work. See Florida Statutes 491.003
• Specialist: means any person holding a specialty registration in one or more of the specialties registered under this chapter. See Florida Statutes 477.013
• Specialty: means the practice of one or more of the following:
  (a) Manicuring, or the cutting, polishing, tinting, coloring, cleansing, adding, or extending of the nails, and massaging of the hands. See Florida Statutes 477.013
• Specialty salon: means any place of business wherein the practice of one or all of the specialties as defined in subsection (6) are engaged in or carried on. See Florida Statutes 477.013
• Specific public benefit: means a benefit identified as a purpose of the social purpose corporation which is set forth in the articles of incorporation and is consistent with a public benefit. See Florida Statutes 607.502
• Specific public benefit: includes , but is not limited to:
  (a) Providing low-income or underserved individuals or communities with beneficial products or services;
  (b) Promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;
  (c) Protecting or restoring the environment;
  (d) Improving human health;
  (e) Promoting the arts, sciences, or advancement of knowledge;
  (f) Increasing the flow of capital to entities that have as their stated purpose the provision of a benefit to society or the environment; and
  (g) Any other public benefit consistent with the purposes of the benefit corporation. See Florida Statutes 607.602
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subscriber: means a person who subscribes for shares in a corporation, whether before or after incorporation. See Florida Statutes 607.01401
• Subsidiary: means , in relation to a person other than an individual, an entity in which the person owns beneficially or of record 50 percent or more of the outstanding equity interests. See Florida Statutes 607.502
• Subsidiary: means , in relation to a person other than an individual, an entity in which a person owns beneficially or of record 50 percent or more of the outstanding equity interests. See Florida Statutes 607.602
• Subsidiary insurance company: means :
  (a) A stock insurance company, of which the majority of the voting shares of the capital stock are at all times owned by a mutual insurance holding company. See Florida Statutes 628.703
• Summons: Another word for subpoena used by the criminal justice system.
• 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 standard: means a recognized standard for defining, reporting, and assessing the societal and environmental performance of a business which is:
  (a) Comprehensive, because it assesses the effect of the business and its operations upon the interests listed in…. See Florida Statutes 607.502
• Third-party standard: means a recognized standard for defining, reporting, and assessing the societal and environmental performance of a business which is:
  (a) Comprehensive, because it assesses the effect of the business and its operations upon the interests provided in…. See Florida Statutes 607.602
• 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.
• Treasury shares: means shares of a corporation that belong to the issuing corporation, which shares are authorized and issued shares that are not outstanding, are not canceled, and have not been restored to the status of authorized but unissued shares. See Florida Statutes 607.01401
• treat: as used in this chapter , when considered in isolation or in conjunction with the rules of the board, may not be construed to permit the performance of any act which clinical social workers are not educated and trained to perform, including, but not limited to, admitting persons to hospitals for treatment of the foregoing conditions, treating persons in hospitals without medical supervision, prescribing medicinal drugs as defined in chapter 465, authorizing clinical laboratory procedures, or radiological procedures, or use of electroconvulsive therapy. See Florida Statutes 491.003
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Type of entity: means a generic form of entity either:
  (a) Recognized at common law; or
  (b) Formed under an organic law, regardless of whether some entities formed under that organic law are subject to provisions of that law that create different categories of the form of entity. See Florida Statutes 607.01401
• United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Florida Statutes 607.01401
• Unrestricted voting trust beneficial owner: means , with respect to any shareholder rights, a voting trust beneficial owner whose entitlement to exercise the shareholder right in question is not inconsistent with the voting trust agreement. See Florida Statutes 607.01401
• Venue: The geographical location in which a case is tried.
• Veterinarian: means a health care practitioner who is licensed to engage in the practice of veterinary medicine in Florida under the authority of this chapter. See Florida Statutes 474.202
• Veterinary medicine: includes , with respect to animals, surgery, acupuncture, obstetrics, dentistry, physical therapy, radiology, theriogenology, and other branches or specialties of veterinary medicine. See Florida Statutes 474.202
• Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Florida Statutes 607.01401
• Voting trust beneficial owner: means an owner of a beneficial interest in shares of the corporation held in a voting trust established pursuant to…. See Florida Statutes 607.01401
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writing: means printing, typewriting, electronic communication, or other communication that is reducible to a tangible form. See Florida Statutes 607.01401
• 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