§ 634.301 Definitions
§ 634.302 Powers of department, commission, and office; rules
§ 634.3025 Part exclusive; applicability of other laws
§ 634.303 License required
§ 634.304 Qualifications for license
§ 634.305 Required deposit or bond
§ 634.3051 Levy upon deposit limited
§ 634.306 Application for and issuance of license
§ 634.307 License expiration; renewal
§ 634.3073 Acquisition
§ 634.3076 Prohibited investments and loans
§ 634.3077 Financial requirements
§ 634.3078 Assets and liabilities
§ 634.308 Grounds for suspension or revocation of license
§ 634.309 Procedure to suspend or revoke license
§ 634.310 Order, notice of suspension or revocation of license; effect; publication
§ 634.311 Duration of suspension; obligations of association during suspension period; reinstatement
§ 634.3112 Administrative fine in lieu of suspension or revocation of license of association
§ 634.312 Forms; required provisions and procedures
§ 634.3123 Noncompliant forms
§ 634.313 Tax on premiums; annual statement; reports
§ 634.3135 Office records required
§ 634.314 Examination of associations
§ 634.315 Service of process
§ 634.317 License and appointment required
§ 634.318 License and appointment of sales representatives
§ 634.319 Reporting and accounting for funds
§ 634.320 Grounds for compulsory refusal, suspension, or revocation of license or appointment of sales representatives
§ 634.3205 Rebating; when allowed
§ 634.321 Grounds for discretionary refusal, suspension, or revocation of license or appointment of sales representatives
§ 634.322 Procedure for refusal, suspension, or revocation of license or appointment of sales representatives
§ 634.3225 Duration of suspension or revocation of license or appointment
§ 634.323 Administrative fine in lieu of suspension or revocation of sales representative’s license or appointment
§ 634.324 Disposition of taxes and fees
§ 634.325 Insurance business not authorized
§ 634.326 Fronting not permitted
§ 634.327 Applicability to warranty on new home
§ 634.328 Penalty for violation
§ 634.3284 Civil remedy
§ 634.329 Dissolution or liquidation
§ 634.331 Coverage of property for sale
§ 634.335 Unfair methods of competition and unfair or deceptive acts or practices prohibited
§ 634.336 Unfair methods of competition and unfair or deceptive acts or practices defined
§ 634.337 Power of department and office to examine and investigate
§ 634.338 Prohibited practices; hearings; procedure; service of process
§ 634.3385 Unauthorized entities; gifts and grants
§ 634.339 Cease and desist and penalty orders
§ 634.34 Appeals from orders of the department or office
§ 634.341 Penalty for violation of cease and desist order
§ 634.342 Injunctive proceedings
§ 634.343 Civil liability
§ 634.344 Coercion of debtor prohibited
§ 634.346 Home warranty coverage requirements
§ 634.348 Investigatory records

Terms Used In Florida Statutes > Chapter 634 > Part II

  • 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.
  • 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.
  • 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.
  • Applicant: means the person filing an application for registration of a mark under this chapter and the legal representatives, successors, or assigns of such person. See Florida Statutes 620.1602
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: as used in this chapter shall mean and include any foreign association that shall have qualified, in the manner permitted by this chapter, to transact business and acquire, hold, and dispose of property, and sue and be sued in this state. See Florida Statutes 634.325
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • 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.
  • 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
  • Board: means the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling. See Florida Statutes 620.1103
  • butterfat: means the fat contained in milk. See Florida Statutes 620.8703
  • Certification mark: means any word, name, symbol, or device, or any combination thereof, used by a person other than the owner of the mark to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person's goods or services or that the work or labor on the goods or services was performed by members of a union or other organization. See Florida Statutes 620.1602
  • 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.
  • Clinical social worker: means a person licensed under this chapter to practice clinical social work. See Florida Statutes 620.1103
  • Collective mark: means a trademark or service mark used by the members of a cooperative, an association, or other collective group or organization, and includes marks used to indicate membership in a union, an association, or other organization. See Florida Statutes 620.1602
  • 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.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • 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.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Florida Department of State or its designee charged with the administration of this chapter. See Florida Statutes 620.1602
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 620.8703
  • Department: means the Department of Health. See Florida Statutes 616.23
  • Department: means the Department of Health. See Florida Statutes 620.1103
  • Dependent: A person dependent for support upon another.
  • Dilution: means the lessening of the capacity of a mark to identify and distinguish goods or services, regardless of the presence or absence of:
    (a) Competition between the owner of the mark and other parties. See Florida Statutes 620.1602
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Donor: The person who makes a gift.
  • 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
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • 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 association: as used in this chapter shall mean and include any unincorporated joint stock association for profit, created and existing under the laws of any state other than this state, or of the District of Columbia, or of any territory or possession of the United States, engaged in any business or businesses other than the banking, trust, or insurance business, and having written articles of association, capital stock divided into shares, and a name including the word "company" or "association" or "society"; but shall not mean nor include any unincorporated association, company or group of persons engaged in the banking, trust, or insurance business. See Florida Statutes 634.325
  • Fraud: Intentional deception resulting in injury to another.
  • Frozen dessert: means a specific standardized frozen dessert described in 21 C. See Florida Statutes 620.8703
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gross written premiums: means the total amount of premiums, paid for the entire period of the home warranty, inclusive of commissions, for which the association is obligated under home warranties issued. See Florida Statutes 634.301
  • 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.
  • Home warranty association: means any corporation or any other organization, other than an authorized insurer, issuing home warranties. See Florida Statutes 634.301
  • Impaired: means having liabilities in excess of assets. See Florida Statutes 634.301
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insolvent: means the inability of a corporation to pay its debts as they become due in the usual course of its business. See Florida Statutes 634.301
  • Insurance code: means the Florida Insurance Code. See Florida Statutes 634.301
  • Insurer: means any property or casualty insurer duly authorized to transact such business in this state. See Florida Statutes 634.301
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Listing period: means the period of time residential property is listed for sale with a licensed real estate broker, beginning on the date the residence is first listed for sale and ending on either the date the sale of the residence is closed, the date the residence is taken off the market, or the date the listing contract with the real estate broker expires. See Florida Statutes 634.301
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mark: includes any trademark, service mark, certification mark, or collective mark entitled to registration under this chapter, whether or not registered. See Florida Statutes 620.1602
  • Marriage and family therapist: means a person licensed under this chapter to practice marriage and family therapy. See Florida Statutes 620.1103
  • Mental health counselor: means a person licensed under this chapter to practice mental health counseling. See Florida Statutes 620.1103
  • Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, goats, sheep, water buffalo, or other hooved mammals. See Florida Statutes 620.8703
  • Milk distributor: means any person who offers for sale or sells to another person any milk or milk product. See Florida Statutes 620.8703
  • Milk hauler: means any person who transports raw milk or raw milk products to or from a milk plant, receiving station, or transfer station. See Florida Statutes 620.8703
  • Milk plant: means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, aseptically processed, bottled, or prepared for distribution. See Florida Statutes 620.8703
  • Milk plant operator: means any person responsible for receiving, processing, pasteurizing, or packaging milk and milk products, or performing any other related operation. See Florida Statutes 620.8703
  • Milk producer: means any person who operates a dairy farm and provides, sells, or offers for sale milk to a milk plant, receiving station, or transfer station. See Florida Statutes 620.8703
  • Milk products: means products made with milk that is processed in some manner, including being whipped, acidified, cultured, concentrated, lactose-reduced, or sodium-reduced or aseptically processed, or having the addition or subtraction of milkfat, the addition of safe and suitable microbial organisms, or the addition of safe and suitable optional ingredients for protein, vitamin, or mineral fortification. See Florida Statutes 620.8703
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 88.6011
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Net assets: means the amount by which the total statutory assets of an association exceed the total liabilities of the association. See Florida Statutes 634.301
  • 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.
  • oath: includes affirmations. See Florida Statutes 88.6011
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office of 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 88.6011
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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 an individual, company, corporation, association, insurer, agent, and every other legal entity. See Florida Statutes 634.301
  • 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
  • Personal property: All property that is not real property.
  • 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 88.6011
  • 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, psychotherapeutic and marriage and family therapy theories and techniques. See Florida Statutes 620.1103
  • 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 620.1103
  • 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.
  • Premium: means the total consideration received, or to be received, by an insurer or home warranty association for or related to the issuance and delivery of any binder or warranty, including any charges designated as assessments or fees for policies, surveys, inspections, or service or any other charges. See Florida Statutes 634.301
  • 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.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provisional clinical social worker licensee: means a person provisionally licensed under this chapter to provide clinical social work services under supervision. See Florida Statutes 620.1103
  • 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 620.1103
  • Provisional mental health counselor licensee: means a person provisionally licensed under this chapter to provide mental health counseling services under supervision. See Florida Statutes 620.1103
  • Psychotherapist: means a clinical social worker, marriage and family therapist, or mental health counselor licensed pursuant to this chapter. See Florida Statutes 620.1103
  • Quorum: The number of legislators that must be present to do business.
  • Raw milk: means unprocessed milk. See Florida Statutes 620.8703
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receiving station: means any place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and is prepared for further transporting. See Florida Statutes 620.8703
  • 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 620.1103
  • 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 620.1103
  • 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 620.1103
  • Registrant: means the person to whom the registration of a mark under this chapter is issued and the legal representatives, successors, or assigns of such person. See Florida Statutes 620.1602
  • Related company: means any person whose use of a mark is controlled by the owner of the mark with respect to the nature and quality of the goods or services on or in connection with which the mark is used. See Florida Statutes 620.1602
  • 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Sales representative: means any person with whom an insurer or home inspection or warranty association has a contract and who is utilized by such insurer or association for the purpose of selling or issuing home warranties. See Florida Statutes 634.301
  • Service mark: means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the services of such person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. See Florida Statutes 620.1602
  • 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.
  • Social worker: means a person who has a bachelor's, master's, or doctoral degree in social work. See Florida Statutes 620.1103
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testify: Answer questions in court.
  • 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.
  • Trade name: means any name used by a person to identify a business or vocation of such person. See Florida Statutes 620.1602
  • Trademark: means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if the source is unknown. See Florida Statutes 620.1602
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer station: means any place, premises, or establishment where milk or milk products are transferred directly from one milk tank truck to another. See Florida Statutes 620.8703
  • 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.
  • Use: means the bona fide use of a mark in the ordinary course of trade and not used merely for the purpose of reserving a right in a mark. See Florida Statutes 620.1602
  • Venue: The geographical location in which a case is tried.
  • warranty: means any contract or agreement whereby a person undertakes to indemnify the warranty holder against the cost of repair or replacement, or actually furnishes repair or replacement, of any structural component or appliance of a home, necessitated by wear and tear or an inherent defect of any such structural component or appliance or necessitated by the failure of an inspection to detect the likelihood of any such loss. See Florida Statutes 634.301
  • Washing station: means any place, premises, or establishment where milk tank trucks are cleaned and sanitized. See Florida Statutes 620.8703
  • Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
  • 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