Terms Used In Florida Statutes > Chapter 484 - Dispensing of Optical Devices and Hearing Aids

• Acquired eligible entity: means the domestic or foreign eligible entity that will have all of one or more classes or series of its shares or eligible interests acquired in a share exchange. See Florida Statutes 607.01401
• Acquiring eligible entity: means the domestic or foreign eligible entity that will acquire all of one or more classes or series of shares or eligible interests of the acquired eligible entity in a share exchange. See Florida Statutes 607.01401
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Appraisal: A determination of property value.
• Articles of incorporation: includes original, amended, and restated articles of incorporation, articles of share exchange, and articles of merger, and all amendments thereto. See Florida Statutes 607.01401
• 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.
• Board: means the Board of Hearing Aid Specialists. See Florida Statutes 484.041
• Board: means the Board of Opticianry. See Florida Statutes 484.002
• Board-certified optician: means an optician licensed in this state who:
  (a) Has passed the National Contact Lens Registry Examination;
  (b) Has successfully completed a board-approved course of at least 20 contact hours covering the competencies required in fitting, adapting, and dispensing of contact lenses;
  (c) Has met any other requirements established by the board to assure competence in the fitting, adapting, and dispensing of contact lenses;
  (d) Has completed the application form and remitted a nonrefundable application fee set by the board not to exceed $100; and
  (e) Has been issued a certificate by the department. See Florida Statutes 484.002
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contact lenses: means a prescribed medical device intended to be worn directly against the cornea of the eye to correct vision conditions, act as a therapeutic device, or provide a cosmetic effect. See Florida Statutes 484.002
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Health. See Florida Statutes 484.041
• Department: means the Department of Health. See Florida Statutes 484.002
• Dependent: A person dependent for support upon another.
• Direct supervision: means supervision where the licensee remains on the premises while all work is being done and gives final approval to any work performed by an employee. See Florida Statutes 484.002
• Dispensing prescription hearing aids: means and includes:
  (a) Conducting and interpreting hearing tests for purposes of selecting suitable prescription hearing aids, making earmolds or ear impressions, and providing appropriate counseling. See Florida Statutes 484.041
• Domestic: means , with respect to an entity, an entity governed as to its internal affairs by the laws of this state. See Florida Statutes 607.01401
• domestic corporation: means a corporation for profit, which is not a foreign corporation, incorporated under this chapter. See Florida Statutes 607.01401
• Effective date: means , when referring to a document accepted for filing by the department, the date and time determined in accordance with…. See Florida Statutes 607.01401
• Eligible entity: means :
  1. See Florida Statutes 607.01401
• Eligible interests: means interests or memberships. See Florida Statutes 607.01401
• Entity: includes corporation and foreign corporation; unincorporated association; business trust, estate, limited liability company, partnership, trust, and two or more persons having a joint or common economic interest; and state, United States, and foreign governments. See Florida Statutes 607.01401
• 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.
• Foreign: means , with respect to an entity, an entity governed as to its internal affairs by the organic law of a jurisdiction other than this state. See Florida Statutes 607.01401
• Foreign corporation: means an entity incorporated or organized under laws other than the laws of this state which would be a corporation for profit if incorporated under the laws of this state. See Florida Statutes 607.01401
• Fraud: Intentional deception resulting in injury to another.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hearing aid: means any wearable device designed for, offered for the purpose of, or represented as aiding persons with, or compensating for, impaired hearing. See Florida Statutes 484.041
• Hearing aid establishment: means any establishment in this state which employs a licensed hearing aid specialist who offers, advertises, and performs hearing aid services for the general public. See Florida Statutes 484.041
• Hearing aid specialist: means a person duly licensed in this state to practice the dispensing of prescription hearing aids. See Florida Statutes 484.041
• Interest: means :
  (a) A share in a corporation for profit;
  (b) A membership in a nonprofit corporation;
  (c) A partnership interest in a general partnership, including a limited liability partnership;
  (d) A partnership interest in a limited partnership, including a limited liability limited partnership;
  (e) A membership interest in a limited liability company;
  (f) A share or beneficial interest in a real estate investment trust;
  (g) A member's interest in a limited cooperative association;
  (h) A beneficial interest in a statutory trust, business trust, or common law business trust; or
  (i) A governance interest or distributional interest in another entity. See Florida Statutes 607.01401
• Interest holder: means :
  (a) A shareholder of a corporation for profit;
  (b) A member of a nonprofit corporation;
  (c) A general partner of a general partnership;
  (d) A general partner of a limited partnership;
  (e) A limited partner of a limited partnership;
  (f) A member of a limited liability company;
  (g) A shareholder or beneficial owner of a real estate investment trust;
  (h) A beneficiary or beneficial owner of a statutory trust, business trust, or common law business trust; or
  (i) Another direct holder of an interest. See Florida Statutes 607.01401
• Interest holder liability: means :
  (a) Personal liability for a liability of an entity which is imposed on a person:

  1. See Florida Statutes 607.01401
• 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.
• 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.
• Merger: means a transaction pursuant to…. See Florida Statutes 607.01401
• minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
• 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.
• Optical establishment: means any establishment in the state which offers, advertises, and performs opticianry services for the general public. See Florida Statutes 484.002
• Optician: means any person licensed to practice opticianry pursuant to this part. See Florida Statutes 484.002
• Opticianry: means the preparation and dispensing of lenses, spectacles, eyeglasses, contact lenses, and other optical devices to the intended user or agent thereof, upon the written prescription of a licensed allopathic or osteopathic physician or optometrist who is duly licensed to practice or upon presentation of a duplicate prescription. See Florida Statutes 484.002
• Organic law: means the laws of the jurisdiction in which the entity was formed. See Florida Statutes 607.01401
• Organic rules: means the public organic record and private organic rules of an entity. See Florida Statutes 607.01401
• Over-the-counter hearing aid: means an air-conduction hearing aid that does not require implantation or other surgical intervention and is intended for use by a person 18 years of age or older to compensate for perceived mild to moderate hearing impairment. See Florida Statutes 484.041
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes an individual and an entity. See Florida Statutes 607.01401
• person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01
• Prescription hearing aid: means a hearing aid that satisfies the requirements of this part and is not an over-the-counter hearing aid. See Florida Statutes 484.041
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes a civil suit, a criminal action, an administrative action, and an investigatory action. See Florida Statutes 607.01401
• Quorum: The number of legislators that must be present to do business.
• 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}
• Share exchange: means a transaction pursuant to…. See Florida Statutes 607.01401
• Shareholder: means a record shareholder. See Florida Statutes 607.01401
• Shares: means the units into which the proprietary interests in a corporation are divided. See Florida Statutes 607.01401
• Sponsor: means an active, licensed hearing aid specialist under whose direct supervision one or more trainees are studying prescription hearing aid dispensing for the purpose of qualifying for certification to sit for the licensure examination. See Florida Statutes 484.041
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Trainee: means a person studying prescription hearing aid dispensing under the direct supervision of an active licensed hearing aid specialist for the purpose of qualifying for certification to sit for the licensure examination. See Florida Statutes 484.041
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Florida Statutes 607.01401
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01