§ 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

  • Accessorial services: means any service performed by a mover which results in a charge to the shipper and is incidental to the transportation or shipment of household goods, including, but not limited to, valuation coverage; preparation of written inventory; equipment, including dollies, hand trucks, pads, blankets, and straps; storage, packing, unpacking, or crating of articles; hoisting or lowering; waiting time; carrying articles excessive distances to or from the mover's vehicle, which may be cited as "long carry"; overtime loading and unloading; reweighing; disassembly or reassembly; elevator or stair carrying; boxing or servicing of appliances; and furnishing of packing or crating materials. See Florida Statutes 507.01
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Action: means any civil action or arbitration proceeding for damages or indemnity asserting a claim for damage to or loss of real or personal property caused by an alleged construction defect, but does not include any administrative action or any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out of an alleged construction defect. See Florida Statutes 558.002
  • Active participant: means a member in good standing of an association who attends 4 or more hours of association meetings every year, not including any department-approved continuing education course. See Florida Statutes 626.015
  • Adjuster: means a public adjuster as defined in…. See Florida Statutes 626.015
  • adjusters: as used in this part applies to all licensees defined as any type of adjuster. See Florida Statutes 626.852
  • Advertise: means to advise, announce, give notice of, publish, or call attention by use of oral, written, or graphic statement made in a newspaper or other publication or on radio or television, any electronic medium, or contained in any notice, handbill, sign, including signage on vehicle, flyer, catalog or letter, or printed on or contained in any tag or label attached to or accompanying any good. See Florida Statutes 507.01
  • Advisory organization: means every group, association, or other organization of insurers, whether located within or outside this state, which prepares policy forms or makes underwriting rules incident to but not including the making of rates, rating plans, or rating systems or which collects and furnishes to authorized insurers or rating organizations loss or expense statistics or other statistical information and data and acts in an advisory, as distinguished from a ratemaking, capacity. See Florida Statutes 627.041
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with an applicant or registrant. See Florida Statutes 517.021
  • Affiliated finance company: means a finance company which:
    (a) Is affiliated with or controlled by a manufacturer or wholesale distributor through common ownership, officers, directors, or management; or
    (b) Has a contractual agreement with a manufacturer or wholesale distributor to finance, via sale or lease, motor vehicles produced or distributed by such manufacturer or wholesale distributor. See Florida Statutes 545.01
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agent: includes an insurance producer or producer, but does not include a customer representative, limited customer representative, or service representative. See Florida Statutes 626.015
  • Allegation: something that someone says happened.
  • Amateur: means a person who has never received nor competed for any purse or other article of value, either for the expenses of training or for participating in a match, other than a prize of $50 or less in value. See Florida Statutes 548.002
  • Amateur sanctioning organization: means a business entity organized for sanctioning and supervising matches involving amateurs. See Florida Statutes 548.002
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appointment: means the authority given by an insurer or employer to a licensee to transact insurance or adjust claims on behalf of an insurer or employer. See Florida Statutes 626.015
  • 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
  • Approved safety pool cover: means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM) in compliance with standard F1346-91. See Florida Statutes 515.25
  • 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.
  • Associated person: means :
    (a) With respect to a dealer or investment adviser, any of the following:
  • Association: includes the Florida Association of Insurance Agents (FAIA), the National Association of Insurance and Financial Advisors (NAIFA), the Florida Association of Health Underwriters (FAHU), the Latin American Association of Insurance Agencies (LAAIA), the Florida Association of Public Insurance Adjusters (FAPIA), the Florida Bail Agents Association (FBAA), or the Professional Bail Agents of the United States (PBUS). See Florida Statutes 626.015
  • 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 622.02
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Authorized inspection agency: means :
    (a) Any county, municipality, town, or other governmental subdivision that has adopted into law the Boiler and Pressure Vessel Code of the A. See Florida Statutes 554.1021
  • Automotive-related product: means a motor vehicle service agreement, as defined in…. See Florida Statutes 545.01
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Barrier: means a fence, dwelling wall, or nondwelling wall, or any combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, especially access from the residence or from the yard outside the barrier. See Florida Statutes 515.25
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • bill of lading: means a written document approved by the shipper in writing before the performance of any service which authorizes services from the named mover and lists the services and all costs associated with the household move and accessorial services to be performed. See Florida Statutes 507.01
  • Blaster: means a person employed by a user who detonates or otherwise effects the explosion of an explosive. See Florida Statutes 552.081
  • boiler: includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. See Florida Statutes 554.1021
  • Boiler insurance company: means a company authorized by a subsisting certificate of authority, issued by the Office of Insurance Regulation, to transact boiler and machinery insurance in this state. See Florida Statutes 554.1021
  • Boiler room: means an enterprise in which two or more persons engage in telephone communications with members of the public using two or more telephones at one location, or at more than one location in a common scheme or enterprise. See Florida Statutes 517.021
  • bona fide organization that promotes or encourages the adoption of greyhounds: means any organization that provides evidence of compliance with chapter 496 and possesses a valid exemption from federal taxation issued by the Internal Revenue Service. See Florida Statutes 550.1647
  • borrower: means a person who has incurred either direct or contingent liability to repay a consumer finance loan. See Florida Statutes 516.01
  • Boxing: means the unarmed combat sport of fighting by striking with fists. See Florida Statutes 548.002
  • Branch office: means any location in this state of a dealer or investment adviser at which one or more associated persons regularly conduct the business of rendering investment advice or effecting any transactions in, or inducing or attempting to induce the purchase or sale of, any security or any location that is held out as such. See Florida Statutes 517.021
  • Breaks: means the portion of a pari-mutuel pool which is computed by rounding down to the nearest multiple of 10 cents and is not distributed to the contributors or withheld by the permitholder as takeout. See Florida Statutes 550.002
  • Broadcast: means the broadcast, transmission, simulcast, or exhibition in any medium or manner by means that may include, but are not limited to, community antenna systems that receive and retransmit television or radio signals by wire, cable, or otherwise to television or radio sets, and cable origination networks or programmers that transmit programming to community antenna televisions or closed-circuit systems by wire, cable, satellite, or otherwise. See Florida Statutes 550.002
  • broker: means a person who, for compensation, arranges for another person to load, transport or ship, or unload household goods as part of a household move or who, for compensation, refers a shipper to a mover by telephone, postal or electronic mail, Internet website, or other means. See Florida Statutes 507.01
  • Capital offense: A crime punishable by death.
  • Certificate inspection: means an inspection whose report is used by the chief boiler inspector to determine whether or not a certificate of operation may be issued. See Florida Statutes 554.1021
  • Certificate of competency: means a document issued to a person who has satisfied the minimum competency requirements for boiler inspectors under this chapter. See Florida Statutes 554.1021
  • Certificate of operation: means a document issued to the owner of a boiler which authorizes the owner to operate the boiler, subject to any restrictions endorsed thereon. See Florida Statutes 554.1021
  • 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.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Claimant: means a property owner, including a subsequent purchaser or association, who asserts a claim for damages against a contractor, subcontractor, supplier, or design professional concerning a construction defect or a subsequent owner who asserts a claim for indemnification for such damages. See Florida Statutes 558.002
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commission: means the Financial Services Commission. See Florida Statutes 516.01
  • Commission: means the Financial Services Commission. See Florida Statutes 517.021
  • Commission: means the Florida State Boxing Commission. See Florida Statutes 548.002
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • commodity: shall include any article, product, thing of value, service or output of a service trade. See Florida Statutes 540.01
  • 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.
  • Completion of a building or improvement: means issuance of a certificate of occupancy, whether temporary or otherwise, that allows for occupancy or use of the entire building or improvement, or an equivalent authorization issued by the governmental body having jurisdiction. See Florida Statutes 558.002
  • Construction defect: means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property resulting from:
    (a) Defective material, products, or components used in the construction or remodeling;
    (b) A violation of the applicable codes in effect at the time of construction or remodeling which gives rise to a cause of action pursuant to…. See Florida Statutes 558.002
  • Consumer: means the person last purchasing liquefied petroleum gas in its liquid or vapor state for industrial, commercial, or domestic use. See Florida Statutes 527.01
  • Consumer finance loan: means a loan of money, credit, goods, or choses in action, including, except as otherwise specifically indicated, provision of a line of credit, in an amount or to a value of $25,000 or less for which the lender charges, contracts for, collects, or receives interest at a rate greater than 18 percent per annum. See Florida Statutes 516.01
  • Contest: means a boxing, kickboxing, or mixed martial arts engagement in which persons participating strive to win using strikes and blows to the head or other full-contact maneuvers. See Florida Statutes 548.002
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person, as defined in…. See Florida Statutes 558.002
  • Contributor: means a person who contributes to a pari-mutuel pool by engaging in any pari-mutuel wager pursuant to this chapter. See Florida Statutes 550.002
  • Control person: means an individual, partnership, corporation, trust, or other organization that possesses the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. See Florida Statutes 516.01
  • 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.
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • current race meet: means the conduct of racing or games pursuant to a current year's operating license issued by the division. See Florida Statutes 550.002
  • Customer representative: means an individual appointed by a general lines agent or agency to assist that agent or agency in transacting the business of insurance from the office of that agent or agency. See Florida Statutes 626.015
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: includes any of the following:
  • Dealer: means a franchised motor vehicle dealer, as defined in…. See Florida Statutes 545.01
  • Dealer: means a person engaged in the wholesale or retail business of buying and selling explosives. See Florida Statutes 552.081
  • 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 Department of Agriculture and Consumer Services. See Florida Statutes 527.01
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 531.37
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 548.002
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 550.002
  • Department: means the Department of Financial Services. See Florida Statutes 554.1021
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 507.01
  • Department: means the Department of Health and includes its representative county health departments. See Florida Statutes 513.01
  • Department: means the Department of Health. See Florida Statutes 514.011
  • Department: means the Department of Health. See Florida Statutes 515.25
  • 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.
  • Design professional: means a person, as defined in…. See Florida Statutes 558.002
  • Designated slot machine gaming area: means the area or areas of a facility of a slot machine licensee in which slot machine gaming may be conducted in accordance with the provisions of this chapter. See Florida Statutes 551.102
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distributor: means any person who sells, leases, or offers or otherwise provides, distributes, or services any slot machine or associated equipment for use or play of slot machines in this state. See Florida Statutes 551.102
  • Division: means the Division of Pari-mutuel Wagering within the Department of Business and Professional Regulation. See Florida Statutes 550.002
  • Division: means the Division of Pari-mutuel Wagering of the Department of Business and Professional Regulation. See Florida Statutes 551.102
  • Division: means the Division of State Fire Marshal of the Department of Financial Services. See Florida Statutes 552.081
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible facility: means any licensed pari-mutuel facility located in Miami-Dade County or Broward County existing at the time of adoption of…. See Florida Statutes 551.102
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • 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
  • equity security: when used in this part means:
    (1) Any stock or similar security;
    (2) Any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security;
    (3) Any such warrant or right; or
    (4) Any other security which the commission deems to be of similar nature and considers necessary or appropriate, by such rules as it may prescribe in the public interest or for the protection of investors, to treat as an equity security. See Florida Statutes 625.80
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Estimate: means a written document that sets forth the total costs and describes the basis of those costs, relating to a shipper's household move, including, but not limited to, the loading, transportation or shipment, and unloading of household goods and accessorial services. See Florida Statutes 507.01
  • Event: means one or more matches comprising a show. See Florida Statutes 548.002
  • Event: means a single contest, race, or game within a performance. See Florida Statutes 550.002
  • 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.
  • Exceeded its powers: means the following conditions:
    (a) The insurer has refused to permit examination by the office of its books, papers, accounts, records, or business practices;
    (b) An insurer organized in this state has unlawfully removed from this state books, papers, accounts, or records necessary for an examination of the insurer by the office;
    (c) The insurer has failed to promptly comply with the applicable financial reporting statutes and office requests relating thereto;
    (d) The insurer has neglected or refused to observe an order of the office to correct a deficiency in its capital or surplus; or
    (e) The insurer has unlawfully or in violation of an office order:
  • Exchange: means an exchange established for this state under PPACA. See Florida Statutes 626.9951
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Exhibition: means a boxing, kickboxing, or mixed martial arts engagement in which persons participating show or display their skill without necessarily striving to win using strikes and blows to the head or other full-contact maneuvers. See Florida Statutes 548.002
  • Exit alarm: means a device that makes audible, continuous alarm sounds when any door or window which permits access from the residence to any pool area that is without an intervening enclosure is opened or left ajar. See Florida Statutes 515.25
  • Explosive materials: means explosives, blasting agents, or detonators. See Florida Statutes 552.081
  • explosives: includes , but is not limited to, dynamite, nitroglycerin, trinitrotoluene, other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. See Florida Statutes 552.081
  • Face value: means the dollar value of a ticket equal to the dollar amount that a customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the event. See Florida Statutes 548.002
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal covered adviser: means a person who is registered or required to be registered under…. See Florida Statutes 517.021
  • Federal covered security: means any security that is a covered security under…. See Florida Statutes 517.021
  • 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
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Finance company: means a person engaged in the business of financing the sale or lease of motor vehicles, or engaged in the business of purchasing or acquiring vehicle contracts in this state. See Florida Statutes 545.01
  • Financial services business: means a financial activity regulated by the Department of Financial Services, the Office of Insurance Regulation, or the Office of Financial Regulation. See Florida Statutes 626.9951
  • 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.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Forbearance: A means of handling a delinquent loan. A
  • 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 622.02
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fronton: means a building or enclosure that contains a playing court with three walls designed and constructed for playing the sport of jai alai or pelota. See Florida Statutes 550.002
  • Full contact: means the use of strikes and blows during a match which:
    (a) Are intended to break the plane of the receiving participant's or amateur's body;
    (b) Are delivered to the head, face, neck, or body of the receiving participant or amateur; and
    (c) Cause the receiving participant or amateur to move in response to the strike or blow. See Florida Statutes 548.002
  • Full schedule of live racing or games: means , for a greyhound or jai alai permitholder, the conduct of a combination of at least 100 live evening or matinee performances during the preceding year; for a permitholder who has a converted permit or filed an application on or before June 1, 1990, for a converted permit, the conduct of a combination of at least 100 live evening and matinee wagering performances during either of the 2 preceding years; for a jai alai permitholder who does not operate slot machines in its pari-mutuel facility, who has conducted at least 100 live performances per year for at least 10 years after December 31, 1992, and whose handle on live jai alai games conducted at its pari-mutuel facility has been less than $4 million per state fiscal year for at least 2 consecutive years after June 30, 1992, the conduct of a combination of at least 40 live evening or matinee performances during the preceding year; for a jai alai permitholder who operates slot machines in its pari-mutuel facility, the conduct of a combination of at least 150 performances during the preceding year; for a harness permitholder, the conduct of at least 100 live regular wagering performances during the preceding year; for a quarter horse permitholder at its facility unless an alternative schedule of at least 20 live regular wagering performances is agreed upon by the permitholder and either the Florida Quarter Horse Racing Association or the horsemen's association representing the majority of the quarter horse owners and trainers at the facility and filed with the division along with its annual date application, in the 2010-2011 fiscal year, the conduct of at least 20 regular wagering performances, in the 2011-2012 and 2012-2013 fiscal years, the conduct of at least 30 live regular wagering performances, and for every fiscal year after the 2012-2013 fiscal year, the conduct of at least 40 live regular wagering performances; for a quarter horse permitholder leasing another licensed racetrack, the conduct of 160 events at the leased facility; and for a thoroughbred permitholder, the conduct of at least 40 live regular wagering performances during the preceding year. See Florida Statutes 550.002
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General lines agent: means an agent transacting any one or more of the following kinds of insurance:
    (a) Property insurance. See Florida Statutes 626.015
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • goods: means personal effects or other personal property commonly found in a home, personal residence, or other dwelling, including, but not limited to, household furniture. See Florida Statutes 507.01
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • 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
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guarantor: means a person who agrees in writing, or who holds itself out to the public as agreeing, to pay the indebtedness of another when due, including, without limitation, payments of principal and interest on a bond, debenture, note, or other evidence of indebtedness, without resort by the holder to any other obligor, whether or not such writing expressly states that the person signing is signing as a guarantor. See Florida Statutes 517.021
  • Guaranty: means a writing in which one party either agrees, or holds itself out to the public as agreeing, to pay the indebtedness of another when due, including, without limitation, payments of principal and interest on a bond, debenture, note, or other evidence of indebtedness, without resort by the holder to any other obligor, whether or not such writing expressly states that the person signing is signing as a guarantor. See Florida Statutes 517.021
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guest track: means a track or fronton receiving or accepting an intertrack wager. See Florida Statutes 550.002
  • Handle: means the aggregate contributions to pari-mutuel pools. See Florida Statutes 550.002
  • Harness racing: means a type of horseracing which is limited to standardbred horses using a pacing or trotting gait in which each horse pulls a two-wheeled cart called a sulky guided by a driver. See Florida Statutes 550.002
  • Health agent: means an agent representing a health maintenance organization or, as to health insurance only, an insurer transacting health insurance. See Florida Statutes 626.015
  • Heating boiler: means a steam or vapor boiler operating at pressures not exceeding 15 psig, or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 °F. See Florida Statutes 554.1021
  • Highway: means any public highway in this state, including public streets, alleys, and other thoroughfares, by whatever name, in any municipality. See Florida Statutes 552.081
  • Home state: means the District of Columbia and any state or territory of the United States in which an agent or adjuster maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance agent or adjuster. See Florida Statutes 626.015
  • Home warranty association: means any corporation or any other organization, other than an authorized insurer, issuing home warranties. See Florida Statutes 634.301
  • Horserace permitholder: means any thoroughbred entity permitted under the provisions of this chapter to conduct pari-mutuel wagering meets of thoroughbred racing; any harness entity permitted under this chapter to conduct pari-mutuel wagering meets of harness racing; or any quarter horse entity permitted under this chapter to conduct pari-mutuel wagering meets of quarter horse racing. See Florida Statutes 550.002
  • Host track: means a track or fronton conducting a live or simulcast race or game that is the subject of an intertrack wager. See Florida Statutes 550.002
  • Hot water supply boiler: means a boiler or a lined storage water heater supplying heated water for use external to itself operating at a pressure not exceeding 160 psig or temperature not exceeding 250 °F. See Florida Statutes 554.1021
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Indoor swimming pool: means a swimming pool that is totally contained within a building and surrounded on all four sides by walls of or within the building. See Florida Statutes 515.25
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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 agency: means a business location at which an individual, firm, partnership, corporation, association, or other entity, other than an employee of the individual, firm, partnership, corporation, association, or other entity and other than an insurer as defined by…. See Florida Statutes 626.015
  • Insurance code: means the Florida Insurance Code. See Florida Statutes 634.301
  • insurance contract: means a written contract of, or a written agreement for or effecting, insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements, and papers which are a part thereof. See Florida Statutes 626.9511
  • Insurer: means any property or casualty insurer duly authorized to transact such business in this state. See Florida Statutes 634.301
  • Insurer: means and includes every person as defined in…. See Florida Statutes 624.80
  • 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 the cost of obtaining a consumer finance loan and includes any profit or advantage of any kind whatsoever that a lender may charge, contract for, collect, receive, or in anywise obtain, including by means of any collateral sale, purchase, or agreement, as a condition for a consumer finance loan. See Florida Statutes 516.01
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intermediary: means a natural person residing in the state or a corporation, trust, partnership, association, or other legal entity registered with the Secretary of State to do business in the state, which facilitates the offer or sale of securities under…. See Florida Statutes 517.021
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intertrack wager: means a particular form of pari-mutuel wagering in which wagers are accepted at a permitted, in-state track, fronton, or pari-mutuel facility on a race or game transmitted from and performed live at, or simulcast signal rebroadcast from, another in-state pari-mutuel facility. See Florida Statutes 550.002
  • Investment adviser: includes any person who receives compensation, directly or indirectly, and engages for all or part of her or his time, directly or indirectly, or through publications or writings, in the business of advising others as to the value of securities or as to the advisability of investments in, purchasing of, or selling of securities, except a dealer whose performance of these services is solely incidental to the conduct of her or his business as a dealer and who receives no special compensation for such services. See Florida Statutes 517.021
  • Issuer: means any person who proposes to issue, has issued, or shall hereafter issue any security. See Florida Statutes 517.021
  • 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.
  • Judge: means a person licensed by the commission who evaluates and scores a match using a designated scoring system. See Florida Statutes 548.002
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Kickboxing: means the unarmed combat sport of fighting by striking with the fists, hands, feet, legs, or any combination thereof. See Florida Statutes 548.002
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legislative Auditing Committee: means a committee or committees designated by joint rule of the Legislature, by the President of the Senate or the Speaker of the House of Representatives, or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a permit issued under this chapter to make and collect loans in accordance with this chapter at a single place of business. See Florida Statutes 516.01
  • License: means a document issued by the department or office authorizing a person to be appointed to transact insurance or adjust claims for the kind, line, or class of insurance identified in the document. See Florida Statutes 626.015
  • Licensee: means a person to whom a license is issued. See Florida Statutes 516.01
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life agent: means an individual representing an insurer as to life insurance and annuity contracts, or acting as a viatical settlement broker as defined in…. See Florida Statutes 626.015
  • Limited customer representative: means a customer representative appointed by a general lines agent or agency to assist that agent or agency in transacting only the business of private passenger motor vehicle insurance from the office of that agent or agency. See Florida Statutes 626.015
  • Limited lines insurance: means those categories of business specified in ss. See Florida Statutes 626.015
  • Line of authority: means a kind, line, or class of insurance an agent is authorized to transact. See Florida Statutes 626.015
  • Liquefied petroleum gas: means any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butanes (normal butane or isobutane), and butylenes. See Florida Statutes 527.01
  • 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.
  • Lodging park: means a place set aside and offered by a person, for either direct or indirect remuneration of the operator of the place, in which 75 percent of the mobile homes or recreational vehicles or combination thereof are owned by the operator and offered for rent to the public and which is not licensed under chapter 509. See Florida Statutes 513.01
  • Manager: means a person who, directly or indirectly, controls or administers the boxing, kickboxing, or mixed martial arts affairs of a participant. See Florida Statutes 548.002
  • Managing general agent: means any person managing all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office, and acting as an agent for that insurer, whether known as a managing general agent, manager, or other similar term, who, with or without authority, separately or together with affiliates, produces directly or indirectly, or underwrites an amount of gross direct written premium equal to or more than 5 percent of the policyholder surplus as reported in the last annual statement of the insurer in any single quarter or year and also does one or more of the following:
  • Manufacturer: means a person engaged, directly or indirectly, in the manufacture of motor vehicles. See Florida Statutes 545.01
  • Manufacturer: means any person who manufactures, builds, rebuilds, fabricates, assembles, produces, programs, designs, or otherwise makes modifications to any slot machine or associated equipment for use or play of slot machines in this state for gaming purposes. See Florida Statutes 551.102
  • Manufacturer-distributor: means a person engaged in the manufacture, compounding, combining, production, or distribution of explosives. See Florida Statutes 552.081
  • Market area: means an area within 25 miles of a permitholder's track or fronton. See Florida Statutes 550.002
  • Match: means a contest or exhibition. See Florida Statutes 548.002
  • Matchmaker: means a person who brings together professionals or arranges matches for professionals. See Florida Statutes 548.002
  • Medically frail elderly person: means any person who is at least 65 years of age and has a medical problem that affects balance, vision, or judgment, including, but not limited to, a heart condition, diabetes, or Alzheimer's disease or any related disorder. See Florida Statutes 515.25
  • meeting: means the conduct of live racing or jai alai for any stake, purse, prize, or premium. See Florida Statutes 550.002
  • Member: means an insurer who participates in or is entitled to participate in the management of a rating, advisory, or other organization. See Florida Statutes 627.041
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • Minority leader: See Floor Leaders
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mixed martial arts: means the unarmed combat sport involving the use of a combination of techniques, including, but not limited to, grappling, kicking, striking, and using techniques from different disciplines of the martial arts, including, but not limited to, boxing, kickboxing, Muay Thai, jujitsu, and wrestling. See Florida Statutes 548.002
  • Mobile home: means a residential structure that is transportable in one or more sections, which structure is 8 body feet (2. See Florida Statutes 513.01
  • Mobile home park: means a place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more mobile homes. See Florida Statutes 513.01
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle insurance: means a policy of motor vehicle insurance delivered or issued for delivery in the state by an authorized insurer:
    (a) Insuring a natural person as the named insured or one or more related individuals resident of the same household, or both; and
    (b) Insuring a motor vehicle of the private passenger type or station wagon type, which motor vehicle is not used as public or livery conveyance for passengers or rented to others, or insuring any other four-wheeled motor vehicle having a capacity of 1,500 pounds or less which is not used in the occupation, profession, or business of the insured, other than farming;

    other than any policy issued under an automobile insurance risk apportionment plan or other than any policy covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards. See Florida Statutes 627.041

  • move: means the loading of household goods into a vehicle, moving container, or other mode of transportation or shipment; the transportation or shipment of those household goods; and the unloading of those household goods, when the transportation or shipment originates and terminates at one of the following ultimate locations, regardless of whether the mover temporarily stores the goods while en route between the originating and terminating locations:
    (a) From one dwelling to another dwelling;
    (b) From a dwelling to a storehouse or warehouse that is owned or rented by the shipper or the shipper's agent; or
    (c) From a storehouse or warehouse that is owned or rented by the shipper or the shipper's agent to a dwelling. See Florida Statutes 507.01
  • Mover: means a person who, for compensation, contracts for or engages in the loading, transportation or shipment, or unloading of household goods as part of a household move. See Florida Statutes 507.01
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Navigator: means an individual authorized by an exchange to serve as a navigator, or who works on behalf of an entity authorized by an exchange to serve as a navigator, pursuant to 42 U. See Florida Statutes 626.9951
  • Net 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
  • Net pool pricing: means a method of calculating prices awarded to winning wagers relative to the contribution, net of takeouts, to a pool by each participating jurisdiction or, as applicable, site. See Florida Statutes 550.002
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonredeemable credits: means slot machine operating credits that cannot be redeemed for cash or any other thing of value by a slot machine, kiosk, or the slot machine licensee and that are provided free of charge to patrons. See Florida Statutes 551.102
  • oath: includes affirmations. See Florida Statutes 1.01
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupancy: means the length of time that a recreational vehicle is occupied by a transient guest and not the length of time that such vehicle is located on the leased recreational vehicle site. See Florida Statutes 513.01
  • offer: means any attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security, or an investment or interest in an investment, for value. See Florida Statutes 517.021
  • Office: means the Office of Financial Regulation of the commission. See Florida Statutes 516.01
  • Office: means the Office of Financial Regulation of the commission. See Florida Statutes 517.021
  • Office of Program Policy Analysis and Government Accountability: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
  • Operating day: means a continuous period of 24 hours starting with the beginning of the first performance of a race or game, even though the operating day may start during one calendar day and extend past midnight except that no greyhound race or jai alai game may commence after 1:30 a. See Florida Statutes 550.002
  • Operator: means the owner, operator, keeper, lessor, proprietor, manager, assistant manager, desk clerk, agent, or employee of a mobile home, lodging, or recreational vehicle park or a recreational camp who is designated by the permittee as the individual solely responsible for the daily operation of the park or camp and its compliance with this chapter and the rules adopted under this chapter. See Florida Statutes 513.01
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Package: means any container or wrapping in which any commodity is enclosed for use in the delivery or display of that commodity to purchasers. See Florida Statutes 531.37
  • Pari-mutuel: means a system of betting on races or games in which the winners divide the total amount bet, after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds assigned to particular outcomes. See Florida Statutes 550.002
  • Pari-mutuel facility: means a racetrack, fronton, or other facility used by a permitholder for the conduct of pari-mutuel wagering. See Florida Statutes 550.002
  • Participant: means a professional competing in a boxing, kickboxing, or mixed martial arts match. See Florida Statutes 548.002
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • pelota: means a ball game of Spanish origin played on a court with three walls. See Florida Statutes 550.002
  • Performance: means a series of events, races, or games performed consecutively under a single admission charge. See Florida Statutes 550.002
  • Permittee: means a person who applies for and is granted a permit under this chapter and who is ultimately responsible for the operation of the mobile home, lodging, or recreational vehicle park or the recreational camp and the compliance of the park or camp with this chapter and the rules adopted under this chapter. See Florida Statutes 513.01
  • Person: means any individual, firm, partnership, corporation, company, association, organization, or cooperative. See Florida Statutes 527.01
  • Person: includes both plural and singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations. See Florida Statutes 531.37
  • Person: includes an individual, company, corporation, association, insurer, agent, and every other legal entity. See Florida Statutes 634.301
  • Person: means an individual, firm, corporation, partnership, limited liability company, association, trustee, receiver, or assignee for the benefit of creditors. See Florida Statutes 545.01
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Person: means any natural person, partnership, association, or corporation. See Florida Statutes 552.081
  • Person: means any individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, or business trust or any entity involved in the business of insurance. See Florida Statutes 626.9511
  • Person: means an individual, association, partnership, corporation, or governmental unit. See Florida Statutes 513.01
  • Personal lines agent: means a general lines agent who is limited to transacting business related to property and casualty insurance sold to individuals and families for noncommercial purposes. See Florida Statutes 626.015
  • Personal property: All property that is not real property.
  • Physician: means a person who is approved by the commission, who has a license to practice medicine issued pursuant to chapter 458 or chapter 459, and whose license to practice medicine is unencumbered and in good standing. See Florida Statutes 548.002
  • Pipeline system operator: means any person who owns or operates a liquefied petroleum gas pipeline system that is used to transmit liquefied petroleum gas from a common source to the customer and that serves 10 or more customers. See Florida Statutes 527.01
  • 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.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01
  • Portable pool: means a pool or spa, and related equipment systems of any kind, which is designed or intended to be movable from location to location. See Florida Statutes 514.011
  • Portable spa: means a nonpermanent structure intended for recreational bathing, in which all controls and water-heating and water-circulating equipment are an integral part of the product and which is cord-connected and not permanently electrically wired. See Florida Statutes 515.25
  • Post time: means the time set for the arrival at the starting point of the horses or greyhounds in a race or the beginning of a game in jai alai. See Florida Statutes 550.002
  • Power boiler: means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig. See Florida Statutes 554.1021
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Primary standards: means the physical standards of the state which serve as the legal reference from which all other standards, weights, and measures are derived. See Florida Statutes 531.37
  • Principal: means an executive officer of a corporation, partner of a partnership, sole proprietor of a sole proprietorship, trustee of a trust, or any other person with similar supervisory functions with respect to any organization, whether incorporated or unincorporated. See Florida Statutes 517.021
  • Private pool: means a facility used only by an individual, family, or living unit members and their guests which does not serve any type of cooperative housing or joint tenancy of five or more living units. See Florida Statutes 514.011
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Professional: means a person who has received or competed for a purse or other article of a value greater than $50, either for the expenses of training or for participating in a match. See Florida Statutes 548.002
  • Progressive system: means a computerized system linking slot machines in one or more licensed facilities within this state or other jurisdictions and offering one or more common progressive payouts based on the amounts wagered. See Florida Statutes 551.102
  • Promoter: includes the following:
    (a) Any person who, acting alone or in conjunction with one or more other persons, directly or indirectly takes the initiative in founding and organizing the business or enterprise of an issuer. See Florida Statutes 517.021
  • Promoter: means a person or entity, including an officer, director, trustee, partner, or owner of a corporate promoter or promoter partnership, who produces, arranges, or stages a match involving a professional. See Florida Statutes 548.002
  • property: means land that is improved and the improvements on such land, including fixtures, manufactured housing, or mobile homes and excluding public transportation projects. See Florida Statutes 558.002
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public assembly locations: includes schools, day care centers, community centers, churches, theaters, hospitals, nursing and convalescent homes, stadiums, amusement parks, and other locations open to the general public. See Florida Statutes 554.1021
  • Public bathing place: means a body of water, natural or modified by humans, for swimming, diving, and recreational bathing used by consent of the owner or owners and held out to the public by any person or public body, irrespective of whether a fee is charged for the use thereof. See Florida Statutes 514.011
  • public pool: means a watertight structure of concrete, masonry, or other approved materials which is located either indoors or outdoors, used for bathing or swimming by humans, and filled with a filtered and disinfected water supply, together with buildings, appurtenances, and equipment used in connection therewith. See Florida Statutes 514.011
  • purchase: includes an exchange, barter, gift, or offer to contract to sell or buy. See Florida Statutes 545.01
  • Purse: means the financial guarantee or other remuneration for which a professional is participating in a match and includes the professional's share of any payment received for radio broadcasting and television, including pay-per-view or closed-circuit. See Florida Statutes 548.002
  • Purse: means the cash portion of the prize for which a race or game is contested. See Florida Statutes 550.002
  • Qualified institutional buyer: means any qualified institutional buyer, as defined in United States Securities and Exchange Commission Rule 144A, 17 C. See Florida Statutes 517.021
  • Qualifier: means any person who has passed a competency examination administered by the department and is employed by a licensed category I, category II, or category V business. See Florida Statutes 527.01
  • Quarter horse: means a breed of horse developed in the western United States which is capable of high speed for a short distance and used in quarter horse racing registered with the American Quarter Horse Association. See Florida Statutes 550.002
  • Quorum: The number of legislators that must be present to do business.
  • Racing greyhound: means a greyhound that is or was used, or is being bred, raised, or trained to be used, in racing at a pari-mutuel facility and is registered with the National Greyhound Association. See Florida Statutes 550.002
  • Rate: means the unit charge by which the measure of exposure or the amount of insurance specified in a policy of insurance or covered thereunder is multiplied to determine the premium. See Florida Statutes 627.041
  • Rating organization: means every person, other than an authorized insurer, whether located within or outside this state, who has as his or her object or purpose the making of rates, rating plans, or rating systems. See Florida Statutes 627.041
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recreational camp: means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for five or more resident members of the public and designed and operated for recreational purposes. See Florida Statutes 513.01
  • Recreational vehicle: means a motor vehicle that is designed to provide temporary living quarters for recreational, camping, or travel use and that has its own propulsion or is mounted on or towed by another motor vehicle. See Florida Statutes 527.01
  • Recreational vehicle park: means a place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more recreational vehicles or tents; and the term also includes buildings and sites set aside for group camping and similar recreational facilities. See Florida Statutes 513.01
  • registered mail: include certified mail with return receipt requested. See Florida Statutes 1.01
  • Regular wagering: means contributions to pari-mutuel pools involving wagering on a single entry in a single race, or a single jai alai player or team in a single game, such as the win pool, the place pool, or the show pool. See Florida Statutes 550.002
  • 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.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resident: means an individual whose home state is the State of Florida. See Florida Statutes 626.015
  • Residential: means situated on the premises of a detached one-family or two-family dwelling or a one-family townhouse not more than three stories high. See Florida Statutes 515.25
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • 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
  • Secondary standards: means the physical standards which are traceable to the primary standards through comparisons, using acceptable laboratory procedures. See Florida Statutes 531.37
  • Secretary: means the Secretary of Business and Professional Regulation. See Florida Statutes 548.002
  • Security: includes any of the following:
    (a) A note. See Florida Statutes 517.021
  • sell: means any contract of sale or disposition of any investment, security, or interest in a security, for value. See Florida Statutes 517.021
  • Service: means delivery by certified mail with a United States Postal Service record of evidence of delivery or attempted delivery to the last known address of the addressee, by hand delivery, or by delivery by any courier with written evidence of delivery. See Florida Statutes 558.002
  • service agent: is synonymous with the term "service company" as used in this part. See Florida Statutes 626.895
  • service company: is a ny business entity which has met all the requirements of ss. See Florida Statutes 626.895
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service representative: means an individual employed by an insurer or managing general agent for the purpose of assisting a general lines agent in negotiating and effecting insurance contracts when accompanied by a licensed general lines agent. See Florida Statutes 626.015
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shipper: means a person who uses the services of a mover to transport or ship household goods as part of a household move. See Florida Statutes 507.01
  • Simulcasting: means broadcasting events occurring live at an in-state location to an out-of-state location, or receiving at an in-state location events occurring live at an out-of-state location, by the transmittal, retransmittal, reception, and rebroadcast of television or radio signals by wire, cable, satellite, microwave, or other electrical or electronic means for receiving or rebroadcasting the events. See Florida Statutes 550.002
  • Slot machine: means any mechanical or electrical contrivance, terminal that may or may not be capable of downloading slot games from a central server system, machine, or other device that, upon insertion of a coin, bill, ticket, token, or similar object or upon payment of any consideration whatsoever, including the use of any electronic payment system except a credit card or debit card, is available to play or operate, the play or operation of which, whether by reason of skill or application of the element of chance or both, may deliver or entitle the person or persons playing or operating the contrivance, terminal, machine, or other device to receive cash, billets, tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether the payoff is made automatically from the machine or manually. See Florida Statutes 551.102
  • Slot machine facility: means a facility at which slot machines as defined in this chapter are lawfully offered for play. See Florida Statutes 551.102
  • Slot machine license: means a license issued by the division authorizing a pari-mutuel permitholder to place and operate slot machines as provided by…. See Florida Statutes 551.102
  • Slot machine licensee: means a pari-mutuel permitholder who holds a license issued by the division pursuant to this chapter that authorizes such person to possess a slot machine within facilities specified in…. See Florida Statutes 551.102
  • Slot machine operator: means a person employed or contracted by the owner of a licensed facility to conduct slot machine gaming at that licensed facility. See Florida Statutes 551.102
  • Slot machine revenues: means the total of all cash and property, except nonredeemable credits, received by the slot machine licensee from the operation of slot machines less the amount of cash, cash equivalents, credits, and prizes paid to winners of slot machine gaming. See Florida Statutes 551.102
  • Standardbred horse: means a pacing or trotting horse that is used in harness racing and that has been registered as a standardbred by the United States Trotting Association or by a foreign registry whose stud book is recognized by the United States Trotting Association. See Florida Statutes 550.002
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • statutory accounting principles: means accounting principles as defined in the National Association of Insurance Commissioners Accounting Practices and Procedures Manual as of March 2002 and subsequent amendments thereto if the methodology remains substantially consistent. See Florida Statutes 625.01115
  • Storage: means the temporary warehousing of a shipper's goods while under the care, custody, and control of the mover. See Florida Statutes 507.01
  • Structural component: means the roof, plumbing system, electrical system, foundation, basement, walls, ceilings, or floors of a home. See Florida Statutes 634.301
  • Subcontractor: means a person, as defined in…. See Florida Statutes 558.002
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subscriber: means an insurer which is furnished at its request:
    (a) With rates and rating manuals by a rating organization of which it is not a member; or
    (b) With advisory services by an advisory organization of which it is not a member. See Florida Statutes 627.041
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplier: means a person, as defined in…. See Florida Statutes 558.002
  • Swimming pool: means any structure, located in a residential area, that is intended for swimming or recreational bathing and contains water over 24 inches deep, including, but not limited to, in-ground, aboveground, and on-ground swimming pools; hot tubs; and nonportable spas. See Florida Statutes 515.25
  • Takeout: means the percentage of the pari-mutuel pools deducted by the permitholder prior to the distribution of the pool. See Florida Statutes 550.002
  • Temporary pool: means a pool intended to be used in conjunction with a sanctioned national or international swimming or diving competition event that does not exceed 30 consecutive days of use. See Florida Statutes 514.011
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third-party provider: means a provider of an automotive-related product that is not an affiliated finance company, manufacturer, or wholesale distributor. See Florida Statutes 545.01
  • Thoroughbred: means a purebred horse whose ancestry can be traced back to one of three foundation sires and whose pedigree is registered in the American Stud Book or in a foreign stud book that is recognized by the Jockey Club and the International Stud Book Committee. See Florida Statutes 550.002
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Totalisator: means the computer system used to accumulate wagers, record sales, calculate payoffs, and display wagering data on a display device that is located at a pari-mutuel facility. See Florida Statutes 550.002
  • 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.
  • Transient guest: means any guest registered as provided in…. See Florida Statutes 513.01
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Two-component explosives: means any two inert components which, when mixed, become capable of detonation by a No. See Florida Statutes 552.081
  • Unaffiliated insurance agent: means a licensed insurance agent, except a limited lines agent, who is self-appointed and who practices as an independent consultant in the business of analyzing or abstracting insurance policies, providing insurance advice or counseling, or making specific recommendations or comparisons of insurance products for a fee established in advance by written contract signed by the parties. See Florida Statutes 626.015
  • Unarmed combat: means a form of competition in which a strike or blow is struck that may reasonably be expected to inflict injury. See Florida Statutes 548.002
  • under common control with: means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract, or otherwise. See Florida Statutes 517.021
  • Underwriter: means a person who has purchased from an issuer or an affiliate of an issuer with a view to, or offers or sells for an issuer or an affiliate of an issuer in connection with, the distribution of any security, or participates or has a direct or indirect participation in any such undertaking, or participates or has a participation in the direct or indirect underwriting of any such undertaking; except that a person shall be presumed not to be an underwriter with respect to any security which she or he has owned beneficially for at least 1 year; and, further, a dealer shall not be considered an underwriter with respect to any securities which do not represent part of an unsold allotment to or subscription by the dealer as a participant in the distribution of such securities by the issuer or an affiliate of the issuer; and, further, in the case of securities acquired on the conversion of another security without payment of additional consideration, the length of time such securities have been beneficially owned by a person includes the period during which the convertible security was beneficially owned and the period during which the security acquired on conversion has been beneficially owned. See Florida Statutes 517.021
  • Uniform application: means the uniform application of the National Association of Insurance Commissioners for nonresident agent licensing, effective January 15, 2001, or subsequent versions adopted by rule by the department. See Florida Statutes 626.015
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unsound condition: means that the office has determined that one or more of the following conditions exist with respect to an insurer:
    (a) The insurer's required surplus, capital, or capital stock is impaired to an extent prohibited by law;
    (b) The insurer continues to write new business when it has not maintained the required surplus or capital;
    (c) The insurer attempts to dissolve or liquidate without first having made provisions, satisfactory to the office, for liabilities arising from insurance policies issued by the insurer; or
    (d) The insurer meets one or more of the grounds in…. See Florida Statutes 624.80
  • User: means a dealer or manufacturer-distributor who uses an explosive as an ultimate consumer or a person who, as an ultimate consumer of an explosive, purchases such explosive from a dealer or manufacturer-distributor. See Florida Statutes 552.081
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Vehicle contract: means a conditional sales contract, retail installment sales contract, chattel mortgage, lease agreement, promissory note, or any other financial obligation arising from the retail sale or lease of a motor vehicle. See Florida Statutes 545.01
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 1.01
  • Viatical settlement investment: means an agreement for the purchase, sale, assignment, transfer, devise, or bequest of all or any portion of a legal or equitable interest in a viaticated policy as defined in chapter 626. See Florida Statutes 517.021
  • 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
  • Weights and measures: means all weights and measures of every kind, instruments, and devices for weighing and measuring, and any appliance and accessories associated with any or all such instruments and devices, excluding taximeters, transportation measurement systems, and those weights and measures used for the purpose of inspecting the accuracy of devices used in conjunction with aviation fuel. See Florida Statutes 531.37
  • Wholesale distributor: means a person engaged, directly or indirectly, in the sale or distribution of motor vehicles to agents or to dealers. See Florida Statutes 545.01
  • Wholesaler: means any person, as defined by subsection (2), selling or offering to sell any liquefied petroleum gas for industrial, commercial, or domestic use to any person except the consumer. See Florida Statutes 527.01
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
  • Young child: means any person under the age of 6 years. See Florida Statutes 515.25