§ 634.401 Definitions
§ 634.402 Powers of department, commission, and office; rules
§ 634.4025 Part exclusive; applicability of other laws
§ 634.403 License required; exemptions
§ 634.404 Qualifications for license
§ 634.405 Required deposit or bond
§ 634.4051 Levy upon deposit limited
§ 634.406 Financial requirements
§ 634.4061 Assets and liabilities
§ 634.4062 Prohibited investments and loans
§ 634.4065 Guarantee agreements
§ 634.407 Application for and issuance of license
§ 634.408 License continuance
§ 634.4085 Acquisition
§ 634.409 Grounds for suspension or revocation of license
§ 634.411 Order; notice of suspension or revocation of license; effect; publication
§ 634.412 Duration of suspension; obligations of association during suspension; reinstatement
§ 634.413 Administrative fine in lieu of suspension or revocation
§ 634.414 Forms; required provisions
§ 634.4145 Noncompliant forms
§ 634.415 Tax on premiums; annual statement; reports
§ 634.416 Examination of associations
§ 634.4165 Office records required
§ 634.417 Service of process
§ 634.419 License and appointment required
§ 634.420 License and appointment of sales representatives
§ 634.421 Reporting and accounting for funds
§ 634.422 Grounds for compulsory refusal, suspension, or revocation of license or appointment of sales representatives
§ 634.4225 Rebating; when allowed
§ 634.423 Grounds for discretionary refusal, suspension, or revocation of license or appointment of sales representatives
§ 634.424 Procedure for refusal, suspension, or revocation of license or appointment of sales representatives
§ 634.425 Duration of suspension or revocation
§ 634.426 Administrative fine in lieu of suspension or revocation of license or appointment
§ 634.427 Disposition of taxes and fees
§ 634.428 Insurance business not authorized
§ 634.429 Fronting not permitted
§ 634.430 Dissolution or liquidation
§ 634.431 Penalty for violation
§ 634.433 Civil remedy
§ 634.435 Unfair methods of competition and unfair or deceptive acts or practices prohibited
§ 634.436 Unfair methods of competition and unfair or deceptive acts or practices defined
§ 634.437 Power of department and office to examine and investigate
§ 634.438 Prohibited practices; hearings; procedure; service of process
§ 634.4385 Unauthorized entities; gifts and grants
§ 634.439 Cease and desist and penalty orders
§ 634.44 Appeals from orders of the department or office
§ 634.441 Penalty for violation of cease and desist order
§ 634.442 Injunctive proceedings
§ 634.443 Civil liability
§ 634.444 Investigatory records

Terms Used In Florida Statutes > Chapter 634 > Part III

  • 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 624.1055
  • 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 626.9894
  • 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
  • Additive: means any foreign substance which, when added to any citrus fruit juice, will change the amount of total soluble solids or anhydrous citric acid therein, or the color or taste thereof, or act as an artificial preservative thereof. See Florida Statutes 627.754
  • 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 624.1055
  • Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of fertilizer. See Florida Statutes 627.561
  • Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this law. See Florida Statutes 627.6041
  • 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, owns at least 10 percent but less than 25 percent of the financial guaranty insurance corporation or that is at least 10 percent but less than 25 percent, directly or indirectly, owned by a financial guaranty insurance corporation. See Florida Statutes 627.971
  • 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 624.4392
  • Affiliate: means any entity which exercises control over or is controlled by, the service warranty association or insurer, directly or indirectly, through:
    (a) Equity ownership of voting securities;
    (b) Common managerial control; or
    (c) Collusive participation by the management of the service warranty association or insurer or the affiliate. See Florida Statutes 634.401
  • Affiliated company: means a company in the same corporate system as a parent, an industrial insured, or a member organization by virtue of common ownership, control, operation, or management. See Florida Statutes 628.901
  • 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 626.641
  • 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: means any person selling or distributing nursery stock under the partial or full control of a nurseryman. See Florida Statutes 627.629
  • 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
  • Agent: means any person who, on behalf of any citrus fruit dealer, negotiates the consignment, purchase, or sale of citrus fruit, or weighs citrus fruit so that the weight thereof may be used in computing the amount to be paid therefor. See Florida Statutes 627.754
  • Agricultural seed: includes the seed of grass, forage, cereal and fiber crops, and chufas and any other seed commonly recognized within the state as agricultural seed, lawn seed, and combinations of such seed, and may include identified noxious weed seed when the department determines that such seed is being used as agricultural seed. See Florida Statutes 627.6041
  • 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 626.7354
  • Amateur sanctioning organization: means a business entity organized for sanctioning and supervising matches involving amateurs. See Florida Statutes 626.7354
  • 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.
  • Apiary: means a beeyard or site where honeybee hives, honeybees, or honeybee equipment is located. See Florida Statutes 627.6571
  • 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 624.4095
  • Aquatic plant: means any plant, including a floating, immersed, submersed, or ditch bank species, growing in or closely associated with an aquatic environment, and includes any part or seed of such plant. See Florida Statutes 627.629
  • Arrest: Taking physical custody of a person by lawful authority.
  • Arthropod: means any segmented invertebrate animal having jointed appendages and an exoskeleton, including insects, spiders, ticks, mites, and scorpions, but excluding crustaceans for the purpose of this chapter. See Florida Statutes 627.629
  • Articles of conversion: means the articles of conversion required under…. See Florida Statutes 628.351
  • Articles of domestication: means the articles of domestication required under…. See Florida Statutes 628.351
  • Articles of interest exchange: means the articles of interest exchange required under…. See Florida Statutes 628.351
  • Articles of merger: means the articles of merger required under…. See Florida Statutes 628.351
  • Articles of organization: means the articles of organization required under…. See Florida Statutes 628.351
  • 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: means any person, other than an authorized insurer, issuing service warranties. See Florida Statutes 634.401
  • Association: includes the Florida Association of Insurance Agents (FAIA), the National Association of Insurance and Financial Advisors (NAIFA), the Florida Association of Health Underwriters (FAHU), the Latin American Association of Insurance Agencies (LAAIA), the Florida Association of Public Insurance Adjusters (FAPIA), the Florida Bail Agents Association (FBAA), or the Professional Bail Agents of the United States (PBUS). See Florida Statutes 626.015
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: as used in this chapter , refers to the attorney in fact of a reciprocal insurer. See Florida Statutes 636.006
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • 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 626.9511
  • Authorized representative: means any designated employee, inspector, or collaborator of the division or the United States Department of Agriculture. See Florida Statutes 627.629
  • Authorized representative: means :
    (a) In the case of the formation of a limited liability company, a person authorized by a prospective member of the limited liability company to form the company by executing and filing its articles of organization with the department. See Florida Statutes 628.351
  • Automotive-related product: means a motor vehicle service agreement, as defined in…. See Florida Statutes 626.641
  • Average annual debt service: means the amount of insured unpaid principal and interest on an issue of obligations, multiplied by the number of the insured obligations in the issue, each obligation representing a $1,000 par value, divided by an amount equal to the aggregate life of all the obligations in the issue. See Florida Statutes 627.971
  • 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 624.4095
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beekeeping equipment: means honeybee hives, frames, supers, pallets, queen excluders, and other equipment which is used in the cultivation of honeybees and the harvesting of products produced by honeybees. See Florida Statutes 627.6571
  • 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.
  • Best management practices: means practices or combinations of practices determined by research or field testing in representative sites to be the most effective and practicable methods of fertilization designed to meet nitrate groundwater quality standards, including economic and technological considerations. See Florida Statutes 627.561
  • 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 624.1055
  • Blaster: means a person employed by a user who detonates or otherwise effects the explosion of an explosive. See Florida Statutes 626.907
  • Blend: means seed consisting of more than one variety of one kind, each present in excess of 5 percent by weight of the whole. See Florida Statutes 627.6041
  • 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 626.9511
  • 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 626.9511
  • 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 624.4392
  • 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 626.851
  • borrower: means a person who has incurred either direct or contingent liability to repay a consumer finance loan. See Florida Statutes 624.416
  • Boxing: means the unarmed combat sport of fighting by striking with fists. See Florida Statutes 626.7354
  • 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 624.4392
  • Brand: means a term, design, or trademark used in connection with one or several grades of fertilizer. See Florida Statutes 627.561
  • Brand: means a distinguishing word, name, symbol, number, or design used to identify seed produced, packaged, advertised, or offered for sale by a particular person. See Florida Statutes 627.6041
  • Brand name: means any word, name, symbol, or device, or combination thereof, identifying the commercial feed of a distributor and distinguishing it from the commercial feed of others. See Florida Statutes 627.615
  • 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 626.8414
  • Breeder seed: means a class of certified seed directly controlled by the originating or sponsoring plant breeding institution or person, or designee thereof, and is the source for the production of seed of the other classes of certified seed. See Florida Statutes 627.6041
  • 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 626.8414
  • Broadcast burning: means the burning of agricultural or natural vegetation by allowing fire to move across a predetermined area of land. See Florida Statutes 627.6841
  • 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 624.1055
  • Broker: means any person engaged in the business of negotiating the sale or purchase of citrus fruit for others. See Florida Statutes 627.754
  • Business day: means Monday through Friday, excluding any day that a national banking association is not open for normal business transactions. See Florida Statutes 628.351
  • Buyer: means a person who purchases agricultural, vegetable, flower, tree, or shrub seed in packaging of 1,000 seeds or more by count. See Florida Statutes 627.6041
  • Canning plant: means any building, structure, or place where citrus fruit or the juice thereof is canned or prepared for canning at a concentration that does not exceed 20 degrees Brix for market or shipment. See Florida Statutes 627.754
  • Capital offense: A crime punishable by death.
  • Captive insurance company: means a domestic insurer established under this part. See Florida Statutes 628.901
  • Captive reinsurance company: means a reinsurance company that is formed and licensed under this part and is wholly owned by a qualifying reinsurance parent company. See Florida Statutes 628.901
  • Category I liquefied petroleum gas dealer: means any person selling or offering to sell by delivery or at a stationary location any liquefied petroleum gas to the consumer for industrial, commercial, or domestic use; any person leasing or offering to lease, or exchanging or offering to exchange, any apparatus, appliances, and equipment for the use of liquefied petroleum gas; any person installing, servicing, altering, or modifying apparatus, piping, tubing, appliances, and equipment for the use of liquefied petroleum or natural gas; any person installing carburetion equipment; or any person requalifying cylinders. See Florida Statutes 624.80
  • Category III liquefied petroleum gas cylinder exchange operator: means any person operating a storage facility used for the purpose of storing filled propane cylinders of not more than 43. See Florida Statutes 624.80
  • Category IV dealer in appliances and equipment: means any person selling or offering to sell, or leasing or offering to lease, apparatus, appliances, and equipment for the use of liquefied petroleum gas. See Florida Statutes 624.80
  • certificate: includes label, rubber stamp imprint, tag, permit, written statement, or any form of inspection and certification document which accompanies the movement of inspected and certified plant material and plant products. See Florida Statutes 627.629
  • 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 626.9511
  • 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 626.9511
  • Certificate of inspection: means an official document stipulating compliance with the requirements of this chapter. See Florida Statutes 627.629
  • 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 626.9511
  • Certificate of registration: means an official document issued by the division to nurseries, stock dealers, agents, and plant brokers as evidence of being properly registered with the division in compliance with the requirements of this chapter and of any of the rules promulgated hereunder. See Florida Statutes 627.629
  • Certified honey: means honey that is sampled, analyzed, and certified by the department to be primarily of one type from a principal nectar source. See Florida Statutes 627.6571
  • Certified seed: means a class of seed which is the progeny of breeder, foundation, or registered seed. See Florida Statutes 627.6041
  • Certifying agency: means :
    (a) An agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and which has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified; or
    (b) An agency of a foreign country that the United States Secretary of Agriculture has determined as adhering to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (a). See Florida Statutes 627.6041
  • 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.
  • Citrus: means all plants, plant parts, and plant products, including seed and fruit, of all genera, species, and varieties of the Rutaceous subfamilies Aurantioideae, Rutoideae, and Toddalioideae, unless specifically excluded by the rules of the department. See Florida Statutes 627.629
  • Citrus fruit: means all varieties and regulated hybrids of citrus fruit and also means processed citrus products containing 20 percent or more citrus fruit or citrus fruit juice. See Florida Statutes 627.754
  • Citrus fruit dealer: means any consignor, commission merchant, consignment shipper, cash buyer, broker, association, cooperative association, express or gift fruit shipper, or person who in any manner makes or attempts to make money or other thing of value on citrus fruit in any manner whatsoever, other than of growing or producing citrus fruit. See Florida Statutes 627.754
  • Citrus hybrids: includes , but is not limited to, hybrids between or among sour orange (C. See Florida Statutes 627.754
  • 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 626.9894
  • 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.
  • Coated seed: means seed that has been covered by a layer of materials that obscures the original shape and size of the seed and substantially increases the weight of the product. See Florida Statutes 627.6041
  • Collateral: means :
    (a) Cash;
    (b) The market value of investment grade securities, other than securities evidencing an interest in the projects financed with the proceeds of the insured obligations;
    (c) The scheduled cash flow from investment grade obligations scheduled to be received on or prior to the date of scheduled debt service on the insured obligation;
    (d) A conveyance or mortgage of real property; or
    (e) A letter of credit;

    if deposited with or held by the corporation; held in trust by a trustee, acceptable to the office, for the benefit of the corporation; or held in trust, pursuant to the bond indenture, by a trustee acceptable to the office, for the benefit of bondholders in the form of sinking funds or other reserves which may be used solely for the payment of debt service. See Florida Statutes 627.971

  • Colony: means a distinguishable localized population of honeybees in which one or more life stages may be present. See Florida Statutes 627.6571
  • Coloring matter: means any dye, or any liquid or concentrate or material containing a dye or materials that react to form a dye, used or intended to be used for the purpose of enhancing the color of citrus fruit by the addition of artificial color to the peel thereof. See Florida Statutes 627.754
  • Commercial feed: means all materials or combinations of materials that are distributed or intended to be distributed for use as feed or for mixing in a feed for animals other than humans, except:
    (a) Unmixed whole seeds, including physically altered entire unmixed seeds, when such seeds are not chemically changed or are not adulterated within the meaning of…. See Florida Statutes 627.615
  • Commission: means the Financial Services Commission. See Florida Statutes 624.416
  • Commission: means the Financial Services Commission. See Florida Statutes 624.4392
  • Commission: means the Florida State Boxing Commission. See Florida Statutes 626.7354
  • Commission: means the Florida Citrus Commission as head of the department. See Florida Statutes 627.754
  • Commissioner: means the Commissioner of Agriculture. See Florida Statutes 627.64195
  • Commissioner: means the Commissioner of Agriculture. See Florida Statutes 627.727
  • 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.
  • 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 626.9894
  • Compliance agreement: means a written agreement between the department and any person engaged in growing, handling, or moving articles, plants, or plant products regulated under this chapter, wherein the person agrees to comply with stipulated requirements. See Florida Statutes 627.629
  • Compliance agreement: means a written agreement between the department and any person engaged in purchasing, assembling, exchanging, processing, utilizing, treating, or moving beekeeping equipment or honeybees wherein the person agrees to comply with stipulated requirements. See Florida Statutes 627.6571
  • Concentrated products: means :
    (a) Frozen citrus fruit juice that has a concentration that exceeds 20 degrees Brix and is kept at a sufficiently freezing temperature to ensure preservation of the product; or
    (b) Citrus fruit juice that is sealed in hermetically sealed containers at a concentration that exceeds 20 degrees Brix and is sufficiently processed by heat to ensure preservation of the product. See Florida Statutes 627.754
  • Concentrating plant: means any building, structure, or place where citrus fruit is canned, frozen, or prepared for canning or freezing at a concentration that exceeds 20 degrees Brix for market or shipment. See Florida Statutes 627.754
  • Coning: means the formation of a pyramidal pile or cone of dry bulk mixed fertilizer such as may occur while being loaded into a holding hopper or transport vehicle and cause separation and segregation of the fertilizer components. See Florida Statutes 627.561
  • Consolidation: means any transaction in which a financial institution or servicer makes its premium collection services available to its mortgage debtors in connection with a particular insurer's ("new insurer") offer of mortgage insurance, which offer is made to debtors who, immediately prior to the offer, had mortgage insurance with another insurer ("old insurer") and were paying premiums for that insurance with their monthly mortgage payments. See Florida Statutes 627.982
  • Consolidation: means any transaction in which a financial institution or servicer makes its premium collection services available to its debtors in connection with a particular insurer's ("new insurer") offer of credit insurance, which offer is made to debtors who, immediately prior to the offer, had credit insurance with another insurer ("old insurer") and were paying premiums for that insurance on a monthly or other regular basis. See Florida Statutes 627.677
  • 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 626.9894
  • Consumer: means the person last purchasing liquefied petroleum gas in its liquid or vapor state for industrial, commercial, or domestic use. See Florida Statutes 624.80
  • 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 624.416
  • 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 626.7354
  • Contingency reserve: means an additional liability reserve established to protect policyholders against the effects of adverse economic cycles or other unforeseen circumstances. See Florida Statutes 627.971
  • 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 626.9894
  • 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 624.416
  • Conversion: means a transaction authorized under ss. See Florida Statutes 628.351
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative: means any corporation organized under the provisions of chapter 618 or chapter 619 for the mutual benefit of its members who are producers of milk, and which sells, distributes, or provides feed for dairy cows or feed ingredients for such feed only to its members. See Florida Statutes 627.615
  • 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.
  • Council: means the Soil and Water Conservation Council. See Florida Statutes 627.64195
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • 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 disability insurance: means insurance under which a borrower of money or a purchaser or a lessee of goods is insured in connection with a specific loan or credit transaction against loss of time resulting from accident or sickness. See Florida Statutes 627.677
  • Credit life insurance: means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction. See Florida Statutes 627.677
  • 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
  • Creditor agent: means any lending or financing institution or other creditor, or a representative of such an institution or creditor, which writes credit life or disability insurance on the life or health of a debtor. See Florida Statutes 627.677
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • 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 626.8414
  • customer: means the person who purchases or receives commercial feed or feedstuff for feeding to animals. See Florida Statutes 627.615
  • 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
  • Customer-formula feed: means a commercial feed consisting of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final customer, is distributed only to that customer, and is not redistributed. See Florida Statutes 627.615
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Date of test: means the month and year the percentage of germination appearing on the label was obtained by laboratory test. See Florida Statutes 627.6041
  • Day: means a calendar day. See Florida Statutes 628.351
  • Dealer: is synonymous with the term "retail tobacco products dealer. See Florida Statutes 627.458
  • Dealer: means any person, other than the manufacturer, who offers for sale, sells, barters, or supplies commercial fertilizer. See Florida Statutes 627.561
  • Dealer: means any person who sells or offers for sale any agricultural, vegetable, flower, tree, or shrub seed for seeding purposes, and includes farmers who sell cleaned, processed, packaged, and labeled seed. See Florida Statutes 627.6041
  • Dealer: includes any of the following:
  • Dealer: means a franchised motor vehicle dealer, as defined in…. See Florida Statutes 626.641
  • Dealer: means a person engaged in the wholesale or retail business of buying and selling explosives. See Florida Statutes 626.907
  • Debtor in bankruptcy: means a person who is the subject of:
    (a) An order for relief under Title 11 of the United States Code or a successor statute of general application; or
    (b) A comparable order under federal, state, or foreign law governing insolvency. See Florida Statutes 628.351
  • Decedent: A deceased person.
  • 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.
  • Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed which may result from lack of nutrient ingredients or from lack of uniformity. See Florida Statutes 627.561
  • Degreening room: means any room or place where citrus fruit is placed, with or without the use of heat or any gas, for the purpose of bringing out the natural color of the fruit. See Florida Statutes 627.754
  • Department: means the Department of Agriculture and Consumer Services or its authorized representatives. See Florida Statutes 627.561
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 624.1055
  • Department: means the Department of Health and includes its representative county health departments. See Florida Statutes 624.19
  • Department: means the Department of Health. See Florida Statutes 624.320
  • Department: means the Department of Health. See Florida Statutes 624.4095
  • Department: means the Department of Agriculture and Consumer Services or its authorized representative. See Florida Statutes 627.6041
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 627.615
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 624.80
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 625.172
  • Department: means the Department of Agriculture and Consumer Services of the state or its authorized representative. See Florida Statutes 627.629
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 626.7354
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 627.64195
  • Department: means the Department of Agriculture and Consumer Services of the state or its authorized representative. See Florida Statutes 627.6571
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 626.8414
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 627.727
  • Department: means the Department of Citrus. See Florida Statutes 627.754
  • Department: means the Department of Financial Services. See Florida Statutes 626.9511
  • Department: means the Department of State. See Florida Statutes 628.351
  • Department of Agriculture: means the Department of Agriculture and Consumer Services. See Florida Statutes 627.754
  • 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 626.9894
  • 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 626.886
  • Devise: To gift property by will.
  • Director: means the director of the Division of Plant Industry. See Florida Statutes 627.629
  • 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:
  • Distribute: means to offer for sale, sell, barter, or exchange commercial feed or feedstuff or to supply, furnish, or otherwise provide commercial feed or feedstuff for use by any consumer or customer in the state. See Florida Statutes 627.615
  • Distribution: means a transfer of money or other property from a limited liability company to a person on account of a transferable interest or in the person's capacity as a member. See Florida Statutes 628.351
  • Distribution: means the movement of nursery stock from the property where it is grown or kept to any other noncontiguous property, regardless of the ownership of the properties concerned. See Florida Statutes 627.629
  • Distributor: means any person who distributes commercial feed or feedstuff. See Florida Statutes 627.615
  • 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 626.886
  • district: when used in this chapter means and includes a "soil and water conservation district. See Florida Statutes 627.64195
  • Division: means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation. See Florida Statutes 627.458
  • Division: means the Division of Plant Industry of the Department of Agriculture and Consumer Services. See Florida Statutes 627.629
  • Division: means the Division of Pari-mutuel Wagering within the Department of Business and Professional Regulation. See Florida Statutes 626.8414
  • Division: means the Division of Pari-mutuel Wagering of the Department of Business and Professional Regulation. See Florida Statutes 626.886
  • Division: means the Division of State Fire Marshal of the Department of Financial Services. See Florida Statutes 626.907
  • Docket: A log containing brief entries of court proceedings.
  • Domestication: means a transaction authorized under ss. See Florida Statutes 628.351
  • Donor: The person who makes a gift.
  • Dormant seed: refers to viable seed, other than hard seed, which neither germinate nor decay during the prescribed test period and under the prescribed test conditions. See Florida Statutes 627.6041
  • Drug: means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans and articles other than feed intended to affect the structure or any function of the animal body. See Florida Statutes 627.615
  • 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 626.886
  • 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.
  • Entity: means :
  • 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 624.1055
  • Event: means one or more matches comprising a show. See Florida Statutes 626.7354
  • Event: means a single contest, race, or game within a performance. See Florida Statutes 626.8414
  • 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:
  • Excess: means the amount found by analysis to be over that guaranteed on the label. See Florida Statutes 627.561
  • 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 626.7354
  • 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 624.4095
  • Explosive materials: means explosives, blasting agents, or detonators. See Florida Statutes 626.907
  • 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 626.907
  • 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 626.7354
  • 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 624.4392
  • Federal covered security: means any security that is a covered security under…. See Florida Statutes 624.4392
  • 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
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Feedstuff: means edible materials, other than commercial feed, which are distributed for animal consumption and which contribute energy or nutrients, or both, to an animal diet. See Florida Statutes 627.615
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fertilizer: means any substance which:
    (a) Contains one or more recognized plant nutrients and promotes plant growth, or
    (b) Controls soil acidity or alkalinity, or
    (c) Provides other soil enrichment, or
    (d) Provides other corrective measures to the soil. See Florida Statutes 627.561
  • Fertilizer-pesticide mixture: means a fertilizer containing a pesticide. See Florida Statutes 627.561
  • 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 626.641
  • Financial guaranty insurance: means a surety bond, insurance policy, an indemnity contract issued by an insurer, or any similar guaranty, under which loss is payable upon proof of occurrence of financial loss to an insured claimant, obligee, or indemnitee as a result of:
  • Financial guaranty insurance corporation: means a stock or mutual insurer licensed to transact financial guaranty insurance business in this state. See Florida Statutes 627.971
  • 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
  • Fire management services: means presuppression fireline plowing, prescribed burning assistance, contract prescribed burning, prescribed and wildfire management training, and other activities associated with prevention, detection, and suppression of wildfires. See Florida Statutes 627.6841
  • 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).
  • Flower seed: includes seed of herbaceous plants grown for blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower or wildflower seed in this state. See Florida Statutes 627.6041
  • 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 limited liability company: means an unincorporated entity that was formed in a jurisdiction other than this state and is denominated by that law as a limited liability company. See Florida Statutes 628.351
  • 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
  • Foundation seed: means a class of certified seed which is the progeny of breeder or other foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this part, for producing foundation seed, for the purpose of maintaining genetic purity and identity. See Florida Statutes 627.6041
  • 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 626.8414
  • Fuel reduction: means the application of techniques that reduce vegetative fuels, and may include prescribed burning, manual and mechanical clearing, and the use of herbicides. See Florida Statutes 627.6841
  • 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 626.7354
  • 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
  • Germination: means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions. See Florida Statutes 627.6041
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good management practices: means procedures for manufacture, distribution, transportation, sampling, inspection, and analysis of feed which are designed to prevent contamination of the feed by toxins, drugs, bacteria, or other harmful substances. See Florida Statutes 627.615
  • 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 624.1055
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grade: means the percentages in fertilizer of total nitrogen expressed as N, available phosphorus expressed as P2O5, and soluble potassium expressed as K2O, stated in whole numbers in that order. See Florida Statutes 627.561
  • 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.
  • Grapefruit: means the fruit Citrus paradisi Macf. See Florida Statutes 627.754
  • Gross written premiums: means the total amount of premiums, paid or to be paid by the consumer for the entire period of the service warranty inclusive of commissions, for which the association is obligated under service warranties issued. See Florida Statutes 634.401
  • group health insurance policy: include plans of self-insurance providing health insurance benefits. See Florida Statutes 627.652
  • group life insurance policy: include plans of self-insurance providing death benefits. See Florida Statutes 627.551
  • Guaranteed analysis: means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. See Florida Statutes 627.561
  • 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 624.4392
  • 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 624.4392
  • 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 626.8414
  • Handle: means the aggregate contributions to pari-mutuel pools. See Florida Statutes 626.8414
  • Handler: means any person engaged within this state in the business of distributing citrus fruit in the primary channel of trade or any person engaged as a processor in the business of processing citrus fruit. See Florida Statutes 627.754
  • 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 626.8414
  • Hazardous financial condition: means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able:
    (a) To meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or
    (b) To pay other obligations in the normal course of business. See Florida Statutes 627.942
  • 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 626.9511
  • Highway: means any public highway in this state, including public streets, alleys, and other thoroughfares, by whatever name, in any municipality. See Florida Statutes 626.907
  • 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
  • Honey: means the natural food product resulting from the harvest of nectar or honeydew by honeybees and the natural activities of the honeybees in processing nectar or honeydew. See Florida Statutes 627.6571
  • Honeybee pest: means an insect, mite, or other arthropod or a bacterium, fungus, virus, microsporidium, nematode, or other organism that damages or causes abnormalities to honeybees, colonies of honeybees, or beeswax. See Florida Statutes 627.6571
  • Honeybee products: means honey, beeswax, pollen, propolis, and other products resulting from the activities of honeybees. See Florida Statutes 627.6571
  • 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 626.8414
  • 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 626.8414
  • 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 626.9511
  • Impaired: means having liabilities in excess of assets. See Florida Statutes 634.401
  • 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.
  • Industrial insured: means an insured that:
    (a) Has gross assets in excess of $50 million;
    (b) Procures insurance through the use of a full-time employee of the insured who acts as an insurance manager or buyer or through the services of a person licensed as a property and casualty insurance agent, broker, or consultant in such person's state of domicile;
    (c) Has at least 100 full-time employees; and
    (d) Pays annual premiums of at least $200,000 for each line of insurance purchased from the industrial insured captive insurance company or at least $75,000 for any line of coverage in excess of at least $25 million in the annual aggregate. See Florida Statutes 628.901
  • Industrial insured captive insurance company: means a company that provides insurance only to the industrial insureds that are its stockholders or members, and affiliates thereof, or to the stockholders, and affiliates thereof, of its parent corporation. See Florida Statutes 628.901
  • Inert matter: means all matter that is not a full seed. See Florida Statutes 627.6041
  • Ingredient: means each of the constituent materials used to make a commercial feed. See Florida Statutes 627.615
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insolvent: means unable to pay debts as they become due in the usual course of business. See Florida Statutes 634.401
  • insurance: include the death benefits provided under a plan of self-insurance. See Florida Statutes 627.551
  • insurance: include the benefits provided under a plan of self-insurance. See Florida Statutes 627.652
  • 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 as defined in…. See Florida Statutes 634.401
  • 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
  • insured: as used in this part , shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits, and rights provided therein. See Florida Statutes 627.631
  • Insurer: means any property or casualty insurer duly authorized to transact such business in this state. See Florida Statutes 634.401
  • Insurer: means and includes every person as defined in…. See Florida Statutes 624.80
  • Insurer: includes any person or governmental unit providing a plan of self-insurance. See Florida Statutes 627.551
  • insurer: includes any person or governmental unit providing a plan of self-insurance. See Florida Statutes 627.652
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Integrated poultry operation: means a business enterprise that owns all stages of poultry production and manufactures and distributes commercial feed or feedstuff for consumption by animals owned by the business enterprise. See Florida Statutes 627.615
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest: means :
    (a) A share in a business corporation;
    (b) A membership in a nonprofit corporation;
    (c) A partnership interest in a general partnership;
    (d) A partnership interest in a limited partnership;
    (e) A membership interest in a limited liability company;
    (f) A share or beneficial interest in a real estate investment trust;
    (g) A member's interest in a limited cooperative association;
    (h) A beneficial interest in a statutory trust, business trust, or common law business trust; or
    (i) A governance interest or distributional interest in another entity. See Florida Statutes 628.351
  • 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 624.416
  • Interest exchange: means a transaction authorized under ss. See Florida Statutes 628.351
  • 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 624.4392
  • Intermediate holding company: means :
    (a) A holding company that is a subsidiary of a mutual insurance holding company, and which directly or through a subsidiary intermediate holding company owns a majority of the voting shares of the capital stock of one or more subsidiary insurance companies; or
    (b) A holding company that is a not-for-profit corporation and a subsidiary of a mutual insurance holding company, of which a majority of the voting membership interests entitled to elect the board of directors of such corporation are owned, directly or through a subsidiary intermediate holding company, by the mutual insurance holding company. See Florida Statutes 628.703
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • 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 626.8414
  • Intestate: Dying without leaving a will.
  • Invasive plant: means a naturalized plant that disrupts naturally occurring native plant communities. See Florida Statutes 627.629
  • Investigational allowance: means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of fertilizer. See Florida Statutes 627.561
  • 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 624.4392
  • Issuer: means any person who proposes to issue, has issued, or shall hereafter issue any security. See Florida Statutes 624.4392
  • 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 626.7354
  • 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 626.7354
  • Kind: means one or more related species or subspecies which singly or collectively is known by one common name; e. See Florida Statutes 627.6041
  • Label: means a display of written, printed, or graphic matter upon the immediate container of any fertilizer or accompanying any fertilizer when moved in bulk. See Florida Statutes 627.561
  • Label: means the display or displays of written or printed material upon or attached to a container of seed. See Florida Statutes 627.6041
  • Label: means a display of written, printed, or graphic matter upon or affixed to the container in which a product is distributed, or on the invoice accompanying the product. See Florida Statutes 627.615
  • Labeling: means all labels and other written, printed, or graphic matters upon an article or any of its containers or wrappers, or accompanying such article. See Florida Statutes 627.561
  • Labeling: includes all labels and other written, printed, or graphic representations, in any form, accompanying and pertaining to any seed, whether in bulk or in containers, and includes invoices and other bills of shipment when sold in bulk. See Florida Statutes 627.6041
  • Labeling: means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers, or accompanying commercial feed or feedstuff. See Florida Statutes 627.615
  • 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 representative: means , with respect to a natural person, the personal representative, executor, guardian, or conservator or any other person who is empowered by applicable law with the authority to act on behalf of the natural person, and, with respect to a person other than a natural person, a person who is empowered by applicable law with the authority to act on behalf of the person. See Florida Statutes 628.351
  • 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 88.6011
  • 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.
  • Liability: means legal liability for damages, including costs of defense, legal costs and fees, and other claims expenses, because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from or arising out of:
    (a) Any business, whether for profit or nonprofit, trade, product, services (including professional services), premises, or operations; or
    (b) Any activity of any state or local government, or any agency or political subdivision thereof. See Florida Statutes 627.942
  • 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 624.416
  • 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 who guarantees a fertilizer and receives a license to distribute fertilizer under the provisions of this chapter. See Florida Statutes 627.561
  • Licensee: means a person to whom a license is issued. See Florida Statutes 624.416
  • 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 624.80
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan transfer: means a transaction in which the servicing of a block of mortgage loans is transferred from one servicer to another. See Florida Statutes 627.982
  • Loan transfer: means a transaction in which the servicing of a block of loans or credit obligations is transferred from one servicer to another. See Florida Statutes 627.677
  • 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 624.19
  • Lot: means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling. See Florida Statutes 627.6041
  • majority of the voting shares of the capital stock: means the shares of the capital stock of such company which carry the right to cast a majority of the votes entitled to be cast by all of the outstanding shares of the capital stock for the election of directors. See Florida Statutes 628.703
  • Majority-in-interest: means those members who hold more than 50 percent of the then-current percentage or other interest in the profits of the limited liability company owned by all of its members; however, as used in ss. See Florida Statutes 628.351
  • Manager: means a person who, under the operating agreement of a manager-managed limited liability company, is responsible, alone or in concert with others, for performing the management functions stated in ss. See Florida Statutes 628.351
  • 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 626.7354
  • Manager-managed limited liability company: means a limited liability company that is manager-managed by virtue of the operation of…. See Florida Statutes 628.351
  • Managing general agent: means any person managing all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office, and acting as an agent for that insurer, whether known as a managing general agent, manager, or other similar term, who, with or without authority, separately or together with affiliates, produces directly or indirectly, or underwrites an amount of gross direct written premium equal to or more than 5 percent of the policyholder surplus as reported in the last annual statement of the insurer in any single quarter or year and also does one or more of the following:
  • Manufacture: means the grinding, mixing, or blending, or further processing, of a commercial feed for distribution. See Florida Statutes 627.615
  • Manufacturer: means a person engaged in the business of importing, preparing, mixing, blending, or manufacturing fertilizer for sale, either direct to consumers or by or through other media of distribution, and the word "manufacture" means preparation, mixing, blending, or manufacturing for the purpose of distribution. See Florida Statutes 627.561
  • Manufacturer: means a person engaged, directly or indirectly, in the manufacture of motor vehicles. See Florida Statutes 626.641
  • Manufacturer: means any entity or its affiliate which:
    (a) Derives a majority of its revenues from products manufactured, built, assembled, constructed, or produced under a product name wholly controlled by the applicant or an affiliate thereof;
    (b) Issues service warranties only for consumer products manufactured, built, assembled, constructed, or produced under a product name wholly controlled by the applicant or an affiliate thereof;
    (c) Is listed and traded on a recognized stock exchange, is listed in NASDAQ (National Association of Security Dealers Automated Quotation system) and publicly traded in the over-the-counter securities markets, is required to file either of Form 10-K, Form 10-Q, or Form 20-G with the United States Securities and Exchange Commission, or whose American Depository Receipts are listed on a recognized stock exchange and publicly traded;
    (d) Maintains outstanding debt obligations, if any, rated in the top four rating categories by a recognized rating service;
    (e) Has and maintains at all times, a minimum net worth of at least $10 million as evidenced by certified financial statements prepared by an independent certified public accountant in accordance with generally accepted accounting principles; and
    (f) Is authorized to do business in this state. See Florida Statutes 634.401
  • 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 626.886
  • Manufacturer: means any person who manufactures, sells or offers for sale, or licenses or offers for license for use any coloring matter, or any soaps, oils, waxes, gases, gas-forming material, or other similar compositions, or the component parts thereof on or in the processing of citrus fruits. See Florida Statutes 627.754
  • Manufacturer-distributor: means a person engaged in the manufacture, compounding, combining, production, or distribution of explosives. See Florida Statutes 626.907
  • Market area: means an area within 25 miles of a permitholder's track or fronton. See Florida Statutes 626.8414
  • Match: means a contest or exhibition. See Florida Statutes 626.7354
  • Matchmaker: means a person who brings together professionals or arranges matches for professionals. See Florida Statutes 626.7354
  • 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 624.4095
  • Medicated feed: means a commercial feed or customer-formula feed that contains a drug. See Florida Statutes 627.615
  • meeting: means the conduct of live racing or jai alai for any stake, purse, prize, or premium. See Florida Statutes 626.8414
  • Member: means a person who:
    (a) Is a member of a limited liability company under…. See Florida Statutes 628.351
  • 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
  • Member-managed limited liability company: means a limited liability company that is not a manager-managed limited liability company. See Florida Statutes 628.351
  • Merger: means a transaction authorized under ss. See Florida Statutes 628.351
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 88.6011
  • 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 fertilizer: means a fertilizer containing any combination or mixtures of fertilizers. See Florida Statutes 627.561
  • 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 626.7354
  • mixture: means seed consisting of more than one kind, each present in excess of 5 percent by weight of the whole. See Florida Statutes 627.6041
  • Mobile home: means a residential structure that is transportable in one or more sections, which structure is 8 body feet (2. See Florida Statutes 624.19
  • 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 624.19
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage insurance: means life, accidental death, or disability insurance, or any combination thereof, designed to pay off all or a part of a mortgage loan in the event of the insured's death or disability. See Florida Statutes 627.982
  • mortgage loan: means an indebtedness of more than 10 years' duration which is secured by a first real estate mortgage and which is not subject to part IX. See Florida Statutes 627.982
  • 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 624.1055
  • Move: means to ship, offer for shipment, receive for transportation, carry, or otherwise transport. See Florida Statutes 627.629
  • 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 624.1055
  • Mulch: means a protective covering of any suitable substance placed with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aid in the prevention of the evaporation of soil moisture, the control of weeds, and the prevention of erosion. See Florida Statutes 627.6041
  • Municipal bonds: means municipal obligation bonds and industrial development bonds. See Florida Statutes 627.971
  • Mutual insurance holding company: means an incorporated entity without permanent capital stock which is organized under this part and whose members are determined in accordance with this part. See Florida Statutes 628.703
  • 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 total statutory assets in excess of liabilities, except that assets pledged to secure debts not reflected on the books of the service warranty association shall not be included in net assets. See Florida Statutes 634.401
  • 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 626.8414
  • new plan: means the mortgage insurance coverage or mortgage insurance plan for which the financial institution collects premiums beginning on the effective date of consolidation. See Florida Statutes 627.982
  • new plan: means the credit insurance coverage or credit insurance plan for which the financial institution collects premiums beginning on the effective date of consolidation. See Florida Statutes 627.677
  • Nitrogen breakdown: means the classification of forms of nitrogen guaranteed in percent by weight, the sum of which equals the total nitrogen guarantee. See Florida Statutes 627.561
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonprofit health care plan: means a not-for-profit domestic or foreign hospital or medical and surgical service plan or corporation that is licensed in one or more states, issues no capital stock, and is engaged in the business of providing prepaid indemnity or health care benefits. See Florida Statutes 628.703
  • Noxious aquatic plant: means any part, including, but not limited to, seeds or reproductive parts, of an aquatic plant that has the potential to hinder the growth of beneficial plants, interfere with irrigation or navigation, or adversely affect the public welfare or the natural resources of this state. See Florida Statutes 627.629
  • Noxious weed: means any living stage, including, but not limited to, seeds and productive parts, of a parasitic or other plant of a kind, or subdivision of a kind, which may be a serious agricultural threat in Florida or have a negative impact on the plant species protected under…. See Florida Statutes 627.629
  • Noxious weed seed: means seed in one of two classes of seed:
    (a) "Prohibited noxious weed seed" means the seed of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides. See Florida Statutes 627.6041
  • Nursery: means any grounds or premises on or in which nursery stock is grown, propagated, or held for sale or distribution, except where aquatic plant species are tended for harvest in the natural environment. See Florida Statutes 627.629
  • Nursery stock: means all plants, trees, shrubs, vines, bulbs, cuttings, grafts, scions, or buds grown or kept for or capable of propagation or distribution, unless specifically excluded by the rules of the department. See Florida Statutes 627.629
  • Nurseryman: means any person engaged in the production of nursery stock for sale or distribution. See Florida Statutes 627.629
  • 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.
  • 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 624.19
  • 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 624.4392
  • Office: means the Office of Insurance Regulation. See Florida Statutes 628.901
  • Office: means the Office of Financial Regulation of the commission. See Florida Statutes 624.416
  • Office: means the Office of Financial Regulation of the commission. See Florida Statutes 624.4392
  • 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
  • Official check sample: means a sealed and identified sample taken from the official sample for use in check analysis. See Florida Statutes 627.561
  • Official organ: means a printed document published by the division for notification to the public and industries in matters relating to division activities and in which official announcements may be made. See Florida Statutes 627.629
  • Official sample: means any sample of fertilizer taken by the department in accordance with the provisions of this law or rules adopted hereunder, and designated as "official" by the department. See Florida Statutes 627.561
  • old plan: means the mortgage insurance coverage or mortgage insurance plan the insured debtor had or participated in immediately prior to the consolidation. See Florida Statutes 627.982
  • old plan: means the credit insurance coverage or credit insurance plan the insured debtor had or participated in immediately prior to the consolidation. See Florida Statutes 627.677
  • Open burning: means any outdoor fire or open combustion of material that produces visible emissions. See Florida Statutes 627.6841
  • Operating agreement: means an agreement, whether referred to as an operating agreement or not, which may be oral, implied, in a record, or in any combination thereof, of the members of a limited liability company, including a sole member, concerning the matters described in…. See Florida Statutes 628.351
  • 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 624.19
  • Oranges: means the fruit Citrus sinensis Osbeck, commonly called sweet oranges. See Florida Statutes 627.754
  • Origin: means the state, District of Columbia, Puerto Rico, or possession of the United States, or the foreign country where the seed were grown, except for native species, where the term means the county or collection zone and the state where the seed were grown. See Florida Statutes 627.6041
  • Other crop seed: includes all seed of plants grown in this state as crops, other than the kind or kind and variety included in the pure seed, when not more than 5 percent of the whole of a single kind or variety is present, unless designated as weed seed. See Florida Statutes 627.6041
  • 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 625.172
  • Packet seed: means seed prepared for use in home gardens and household plantings packaged in labeled, sealed containers of less than 8 ounces and typically sold from seed racks or displays in retail establishments, via the Internet, or through mail order. See Florida Statutes 627.6041
  • Packinghouse: means any building, structure, or place where citrus fruit is packed or otherwise prepared for market or shipment in fresh form. See Florida Statutes 627.754
  • Paid premiums: means all premiums paid for insurance by a member of a mutual insurance holding company to a subsidiary insurance company. See Florida Statutes 628.703
  • Parent: means any corporation, limited liability company, partnership, or individual that directly or indirectly owns, controls, or holds with power to vote more than 50 percent of the outstanding voting interests of a captive insurance company. See Florida Statutes 628.901
  • 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 626.8414
  • Pari-mutuel facility: means a racetrack, fronton, or other facility used by a permitholder for the conduct of pari-mutuel wagering. See Florida Statutes 626.8414
  • Participant: means a professional competing in a boxing, kickboxing, or mixed martial arts match. See Florida Statutes 626.7354
  • 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 626.8414
  • percentage: means the percentage by weight. See Florida Statutes 627.561
  • percentage: means percentage by weight. See Florida Statutes 627.615
  • Performance: means a series of events, races, or games performed consecutively under a single admission charge. See Florida Statutes 626.8414
  • Permit: is synonymous with the term "retail tobacco products dealer permit. See Florida Statutes 627.458
  • 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 624.19
  • Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or another legal or commercial entity. See Florida Statutes 628.351
  • Person: means an individual, association, partnership, corporation, or governmental unit. See Florida Statutes 624.19
  • Person: means any individual, firm, partnership, corporation, company, association, organization, or cooperative. See Florida Statutes 624.80
  • Person: includes both plural and singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations. See Florida Statutes 625.172
  • Person: includes an individual, company, corporation, association, insurer, agent, and any other legal entity. See Florida Statutes 634.401
  • 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
  • Person: means an individual, firm, corporation, partnership, limited liability company, association, trustee, receiver, or assignee for the benefit of creditors. See Florida Statutes 626.641
  • 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 any natural person, partnership, association, corporation, trust, estate, or other legal entity. See Florida Statutes 627.754
  • Person: means any natural person, partnership, association, or corporation. See Florida Statutes 626.907
  • 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 626.7354
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means a plan of merger, plan of interest exchange, plan of conversion, or plan of domestication, as appropriate in the particular context. See Florida Statutes 628.351
  • Plan of conversion: means a plan under…. See Florida Statutes 628.351
  • Plan of domestication: means a plan under…. See Florida Statutes 628.351
  • Plan of interest exchange: means a plan under…. See Florida Statutes 628.351
  • Plan of merger: means a plan under…. See Florida Statutes 628.351
  • Plan of operation or a feasibility study: means an analysis which presents the expected activities and results of a risk retention group, including, at a minimum:
    (a) For each state in which it intends to operate, the coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to offer. See Florida Statutes 627.942
  • Plant broker: means a person who transacts the transfer of plants from a seller to a buyer and who may or may not be in actual physical possession of the plants. See Florida Statutes 627.629
  • Plant pest: means any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or their reproductive parts, or viruses, or any organisms similar to or allied with any of the foregoing, including any genetically engineered organisms, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants or plant parts or any processed, manufactured, or other plant products. See Florida Statutes 627.629
  • Plants and plant products: means trees, shrubs, vines, forage and cereal plants, and all other plants and plant parts, including cuttings, grafts, scions, buds, fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all products made from them, unless specifically excluded by the rules of the department. See Florida Statutes 627.629
  • 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.
  • Policy: means a written contract of insurance or written agreement for or effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements, and papers that are a part thereof. See Florida Statutes 627.402
  • 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
  • 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 624.320
  • 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 624.4095
  • 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 626.8414
  • Power boiler: means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig. See Florida Statutes 626.9511
  • 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
  • PPACA: means the Patient Protection and Affordable Care Act, Pub. See Florida Statutes 627.402
  • 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 charge, as specified by rule of the commission, which is made by a title insurer for a title insurance policy, including the charge for performance of primary title services by a title insurer or title insurance agent or agency, and incurring the risks incident to such policy, under the several classifications of title insurance contracts and forms. See Florida Statutes 627.7711
  • Premium: means the total amount paid by the consumer, including any charges designated as assessments or fees for membership, policy, survey, inspection, finance, service, or other charges by the association. See Florida Statutes 634.401
  • Premium: means the consideration paid or to be paid to an insurer for the issuance and delivery of any binder or policy of insurance. See Florida Statutes 627.041
  • 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 channel of trade: means the routes through which citrus fruit is marketed. See Florida Statutes 627.754
  • Primary plant nutrient: means total nitrogen expressed as N, available phosphorus expressed as P2O5, and soluble potassium expressed as K2O, or any combination of these substances. See Florida Statutes 627.561
  • 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 625.172
  • 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 624.4392
  • Principal office: means the principal executive office of a limited liability company or foreign limited liability company, regardless of whether the office is located in this state. See Florida Statutes 628.351
  • 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 624.320
  • 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.
  • Processing: means conditioning, cleaning, scarifying, or blending to obtain uniform quality and other operations which would change the purity or germination of the seed and, therefore, require retesting to determine the quality of the seed. See Florida Statutes 627.6041
  • Processor: means any person engaged within this state in the business of canning, concentrating, or otherwise processing citrus fruit for market other than for shipment in fresh fruit form. See Florida Statutes 627.754
  • Producer: means any person growing or producing citrus in this state for market. See Florida Statutes 627.754
  • Product liability: means liability for damages because of any personal injury, death, emotional harm, consequential economic damage, or property damage, including damages resulting from the loss of use of property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of such a person when the incident giving rise to the claim occurred. See Florida Statutes 627.942
  • Product name: means the name of the commercial feed which identifies it as to kind, class, or specific use. See Florida Statutes 627.615
  • 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 626.7354
  • Program: means any one or more of the school food and nutrition service programs that the department has responsibility over including, but not limited to, the National School Lunch Program, the Special Milk Program, the School Breakfast Program, the Summer Food Service Program, the Fresh Fruit and Vegetable Program, and any other program that relates to school nutrition. See Florida Statutes 627.727
  • 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 626.886
  • 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 624.4392
  • 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 626.7354
  • 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 626.9894
  • Property: means all property, whether real, personal, mixed, tangible, or intangible, or a right or interest therein. See Florida Statutes 628.351
  • 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 626.9511
  • 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 624.320
  • 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 624.320
  • purchase: includes an exchange, barter, gift, or offer to contract to sell or buy. See Florida Statutes 626.641
  • Purchasing group: means any group which:
    (a) Has as one of its purposes the purchase of liability insurance on a group basis. See Florida Statutes 627.942
  • Pure captive insurance company: means a company that insures risks of its parent, affiliated companies, controlled unaffiliated businesses, or a combination thereof. See Florida Statutes 628.901
  • Pure seed: means the seed, exclusive of inert matter, of the kind or kind and variety of seed declared on the label or tag. See Florida Statutes 627.6041
  • 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 626.7354
  • Purse: means the cash portion of the prize for which a race or game is contested. See Florida Statutes 626.8414
  • Qualified institutional buyer: means any qualified institutional buyer, as defined in United States Securities and Exchange Commission Rule 144A, 17 C. See Florida Statutes 624.4392
  • 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 624.80
  • Quarantine: means an official order issued by the department that regulates the movement of articles, plants, or plant products to prevent the spread of disease or pests. See Florida Statutes 627.629
  • 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 626.8414
  • 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 626.8414
  • 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 Estate Settlement Procedures Act: Federal law that, among other things, requires lenders to provide "good faith" estimates of settlement costs and make other disclosures regarding the mortgage loan. RESPA also limits the amount of funds held in escrow for real estate taxes and insurance. Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: includes the symbol identifying the seed as to origin, amount, processing, testing, labeling, and distribution, and any other document or instrument pertaining to the purchase, sale, or handling of agricultural, vegetable, flower, tree, or shrub seed. See Florida Statutes 627.6041
  • 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 624.19
  • 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 624.19
  • Registered foreign limited liability company: means a foreign limited liability company that has a certificate of authority to transact business in this state pursuant to a record filed with the department. See Florida Statutes 628.351
  • registered mail: include certified mail with return receipt requested. See Florida Statutes 88.6011
  • Registered seed: means a class of certified seed which is the progeny of breeder or foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this part, for the purpose of maintaining genetic purity and identity. See Florida Statutes 627.6041
  • Registrant: means the person who registers specialty fertilizer under the provisions of this chapter. See Florida Statutes 627.561
  • Registrant: means any person issued a master registration by the department. See Florida Statutes 627.615
  • Regulated article: means any article capable of transporting a honeybee pest or an unwanted race of honeybees. See Florida Statutes 627.6571
  • Reinsurance: means cessions qualifying for credit under…. See Florida Statutes 627.971
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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 624.4095
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restricted noxious weed seed: means weed seeds that are objectionable in agricultural crops, lawns, and gardens of this state and which can be controlled by good agricultural practices or the use of herbicides. See Florida Statutes 627.6041
  • Retail tobacco products dealer: means the holder of a retail tobacco products dealer permit. See Florida Statutes 627.458
  • Retail tobacco products dealer permit: means a permit issued by the division pursuant to…. See Florida Statutes 627.458
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • right of contribution: means property or a benefit described in…. See Florida Statutes 628.351
  • Risk retention group: means any corporation or other limited liability association:
    (a) Whose primary activity consists of assuming and spreading all or any portion of the liability exposure of its group members. See Florida Statutes 627.942
  • Sales representative: means any person, retail store, corporation, partnership, or sole proprietorship utilized by an insurer or service warranty association for the purpose of selling or issuing service warranties. See Florida Statutes 634.401
  • School breakfast program: means a program authorized by…. See Florida Statutes 627.727
  • School district: means any of the 67 county school districts, including the respective district school board. See Florida Statutes 627.727
  • Secondary standards: means the physical standards which are traceable to the primary standards through comparisons, using acceptable laboratory procedures. See Florida Statutes 625.172
  • Secretary: means the Secretary of Business and Professional Regulation. See Florida Statutes 626.7354
  • Security: includes any of the following:
    (a) A note. See Florida Statutes 624.4392
  • sell: means any contract of sale or disposition of any investment, security, or interest in a security, for value. See Florida Statutes 624.4392
  • 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 626.9894
  • 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
  • Service warranty: means any warranty, guaranty, extended warranty or extended guaranty, maintenance service contract equal to or greater than 1 year in length or which does not meet the exemption in paragraph (a), 1contract agreement, or other written promise for a specific duration to perform the repair, replacement, or maintenance of a consumer product, or for indemnification for repair, replacement, or maintenance, for operational or structural failure due to a defect in materials or workmanship, normal wear and tear, power surge, or accidental damage from handling in return for the payment of a segregated charge by the consumer; however:
    (a) Maintenance service contracts written for less than 1 year which do not contain provisions for indemnification and which do not provide a discount to the consumer for any combination of parts and labor in excess of 20 percent during the effective period of such contract, motor vehicle service agreements, transactions exempt under…. See Florida Statutes 634.401
  • servicer: means any entity or organization that services mortgage loans by collecting and accounting for monthly mortgage payments. See Florida Statutes 627.982
  • servicer: means any entity or organization that services loans or credit obligations by collecting and accounting for payments. See Florida Statutes 627.677
  • 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 624.1055
  • Shipper: means any person engaged in shipping, or causing to be shipped, citrus fruit or the canned or concentrated products thereof in intrastate, interstate, or foreign commerce, whether as owner, agent, or otherwise. See Florida Statutes 627.754
  • shipping: means to move, or cause to be moved, citrus fruit or the canned or concentrated products thereof in intrastate, interstate, or foreign commerce by rail, truck, boat, airplane, or any other means. See Florida Statutes 627.754
  • Shipping season: means that period beginning August 1 of one year and ending July 31 of the following year. See Florida Statutes 627.754
  • Shrub seed: means seed of a woody plant that is smaller than a tree and has several main stems arising at or near the ground. See Florida Statutes 627.6041
  • Sign: means , with present intent to authenticate or adopt a record:
    (a) To execute or adopt a tangible symbol; or
    (b) To attach or logically associate an electronic symbol, sound, or process to or with a record, and includes a manual, facsimile, conformed, or electronic signature. See Florida Statutes 628.351
  • 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 626.8414
  • 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 626.886
  • Slot machine facility: means a facility at which slot machines as defined in this chapter are lawfully offered for play. See Florida Statutes 626.886
  • 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 626.886
  • 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 626.886
  • 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 626.886
  • 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 626.886
  • soil and water conservation district: means a governmental subdivision of this state and a body corporate and politic, organized in accordance with the provisions of this chapter for the purpose, with the powers, and subject to the provisions set forth in this chapter. See Florida Statutes 627.64195
  • Special purpose captive insurance company: means a captive insurance company that is formed or licensed under this chapter that does not meet the definition of any other type of captive insurance company defined in this section. See Florida Statutes 628.901
  • Specialty fertilizer: means any fertilizer packaged, marketed, and distributed for home and garden use and packaged in containers or bags such that the net weight is 49 pounds or less. See Florida Statutes 627.561
  • Sponsor: means any entity that is conducting a program under a current agreement with the department. See Florida Statutes 627.727
  • Standard-packed box: means 13/5 bushels of citrus fruit, whether in bulk or containers. See Florida Statutes 627.754
  • 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 626.8414
  • State: means any state of the United States or the District of Columbia. See Florida Statutes 627.942
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or a territory or insular possession subject to the jurisdiction of the United States. See Florida Statutes 628.351
  • 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
  • Stock dealer: means any person not a grower of nursery stock in this state who buys or otherwise acquires nursery stock for the purpose of reselling independently of any control of a nurseryman, agent, or plant broker, and who at any time maintains physical possession of such nursery stock. See Florida Statutes 627.629
  • Stop-sale: means any written or printed notice or order issued by the department to the owner or custodian of any lot of agricultural, vegetable, flower, tree, or shrub seed in the state, directing the owner or custodian not to sell or offer for sale seed designated by the order within the state until the requirements of this law are complied with and a written release has been issued; except that the seed may be released to be sold for feed. See Florida Statutes 627.6041
  • Storage: means the temporary warehousing of a shipper's goods while under the care, custody, and control of the mover. See Florida Statutes 624.1055
  • Subcontractor: means a person, as defined in…. See Florida Statutes 626.9894
  • 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
  • Subsidiary insurance company: means :
    (a) A stock insurance company, of which the majority of the voting shares of the capital stock are at all times owned by a mutual insurance holding company. See Florida Statutes 628.703
  • Summer nutrition program: means one or more of the programs authorized under 42 U. See Florida Statutes 627.727
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisor: means a member of the governing body of a district who is elected in accordance with the provisions of this chapter. See Florida Statutes 627.64195
  • Supplier: means a person, as defined in…. See Florida Statutes 626.9894
  • Surviving entity: means the entity that continues in existence after or is created by a merger. See Florida Statutes 628.351
  • 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 624.4095
  • Takeout: means the percentage of the pari-mutuel pools deducted by the permitholder prior to the distribution of the pool. See Florida Statutes 626.8414
  • Tangerines: means the fruit Citrus reticulata Blanco, commonly called tangerines. See Florida Statutes 627.754
  • 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 624.320
  • 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 626.641
  • 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 626.8414
  • Title insurer: means any domestic company organized and authorized to do business under the provisions of chapter 624, for the purpose of issuing title insurance, or any insurer organized under the laws of another state, the District of Columbia, or a foreign country and holding a certificate of authority to transact business in this state, for the purpose of issuing title insurance. See Florida Statutes 627.7711
  • Title search: means the compiling of title information from official or public records. See Florida Statutes 627.7711
  • Tobacco products: includes loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing. See Florida Statutes 627.458
  • Ton: means a net weight of 2,000 pounds avoirdupois. See Florida Statutes 627.561
  • Ton: means a net weight of 2,000 pounds avoirdupois. See Florida Statutes 627.615
  • 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 626.8414
  • 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: includes :
    (a) An assignment. See Florida Statutes 628.351
  • Transferable interest: means the right, as initially owned by a person in the person's capacity as a member, to receive distributions from a limited liability company in accordance with the operating agreement, whether the person remains a member or continues to own a part of the right. See Florida Statutes 628.351
  • Transferee: means a person to which all or part of a transferable interest is transferred, whether or not the transferor is a member. See Florida Statutes 628.351
  • Transient guest: means any guest registered as provided in…. See Florida Statutes 624.19
  • Treasury rates: means the United States Treasury STRIPS asked yield as published in the Wall Street Journal as of a balance sheet date. See Florida Statutes 628.901
  • Treated: means that the seed has been given an application of a material or subjected to a process designed to control or repel disease organisms, insects, or other pests attacking seed or seedlings grown therefrom to improve its planting value or to serve any other purpose. See Florida Statutes 627.6041
  • Tree seed: means seed of a woody perennial plant typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground. See Florida Statutes 627.6041
  • 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 626.907
  • Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Florida Statutes 627.6041
  • Type of entity: means a generic form of entity that is:
    (a) Recognized at common law; or
    (b) Formed under an organic law, whether or not some of the entities formed under that organic law are subject to provisions of that law which create different categories of the form of entity. See Florida Statutes 628.351
  • 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 626.7354
  • 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 624.4392
  • 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
  • Universal school breakfast program: means a program that makes breakfast available at no cost to all students regardless of their household income. See Florida Statutes 627.727
  • 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
  • Unwanted race of honeybees: means those natural, genetically isolated subspecies of honeybees which beyond a reasonable doubt can inflict damage to people or animals greater than managed or feral honeybees commonly utilized in North America. See Florida Statutes 627.6571
  • 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 626.907
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Variety: means a subdivision of a kind which is distinct in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; uniform in the sense that the variations in essential and distinctive characteristics are describable; and stable in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted. See Florida Statutes 627.6041
  • Vegetable seed: means the seed of those crops that are grown in gardens or on truck farms, and are generally known and sold under the name of vegetable seed or herb seed in this state. See Florida Statutes 627.6041
  • 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 626.641
  • 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 88.6011
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • 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 624.4392
  • Warrantor: means any person engaged in the sale of service warranties and deriving not more than 50 percent of its gross income from the sale of service warranties. See Florida Statutes 634.401
  • Warranty seller: means any person engaged in the sale of service warranties and deriving more than 50 percent of its gross income from the sale of service warranties. See Florida Statutes 634.401
  • Water-insoluble nitrogen: means nitrogen not soluble in water. See Florida Statutes 627.561
  • Weed seed: includes the seed of all plants generally recognized as weeds within this state, and includes prohibited and restricted noxious weed seed, bulblets, tubers, and any other vegetative propagules. See Florida Statutes 627.6041
  • 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 625.172
  • 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 626.641
  • 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 624.80
  • Wild land: means any public or private managed or unmanaged forest, urban/interface, pasture or range land, recreation lands, or any other land at risk of wildfire. See Florida Statutes 627.6841
  • Wildfire: means any vegetative fire that threatens to destroy life, property, or natural resources. See Florida Statutes 627.6841
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writing: means printing, typewriting, electronic communication, or other intentional communication that is reducible to a tangible form. See Florida Statutes 628.351
  • 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
  • Young child: means any person under the age of 6 years. See Florida Statutes 624.4095