Terms Used In Florida Statutes > Chapter 576 - Agricultural Fertilizers

• 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 576.011
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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}
• 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 576.011
• Brand: means a term, design, or trademark used in connection with one or several grades of fertilizer. See Florida Statutes 576.011
• Certified professional: means an individual who holds a certified crop adviser designation issued by the American Society of Agronomy, who has passed the society's Southeast Region Certified Crop Adviser Exam, who holds a 4R Nutrient Management Specialty certification, and whose credentials have been verified by the society's Florida Certified Crop Adviser Board. See Florida Statutes 576.011
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compost: means a substance derived primarily or entirely from decomposition of vegetative or animal organic material, which is sold or offered for sale for the purpose of promoting or stimulating plant growth, and to which no inorganic fertilizer materials have been added other than to promote decomposition. See Florida Statutes 576.011
• 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 576.011
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means any person, other than the manufacturer, who offers for sale, sells, barters, or supplies commercial fertilizer. See Florida Statutes 576.011
• 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 576.011
• Department: means the Department of Agriculture and Consumer Services or its authorized representatives. See Florida Statutes 576.011
• Dependent: A person dependent for support upon another.
• Donor: The person who makes a gift.
• 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.
• Excess: means the amount found by analysis to be over that guaranteed on the label. See Florida Statutes 576.011
• 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 576.011
• Fertilizer material: means a fertilizer that meets one of the following requirements:
  (a) Contains important quantities of no more than one of the primary nutrients: nitrogen (N), phosphate (P2O5), and potash (K2O). See Florida Statutes 576.011
• Fertilizer-pesticide mixture: means a fertilizer containing a pesticide. See Florida Statutes 576.011
• 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 the same terms, order, and percentages as in the guaranteed analysis. See Florida Statutes 576.011
• Guaranteed analysis: means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. See Florida Statutes 576.011
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Investigational allowance: means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of fertilizer. See Florida Statutes 576.011
• 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.
• 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 576.011
• Labeling: means all labels and other written, printed, or graphic matters upon an article or any of its containers or wrappers accompanying such article. See Florida Statutes 576.011
• 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}
• Licensee: means a person who guarantees a fertilizer and receives a license to distribute fertilizer under the provisions of this chapter. See Florida Statutes 576.011
• 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 576.011
• Mixed fertilizer: means a fertilizer containing any combination or mixtures of fertilizers. See Florida Statutes 576.011
• 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.
• 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 576.011
• Official check sample: means a sealed and identified sample taken from the official sample for use in check analysis. See Florida Statutes 576.011
• 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 576.011
• Organic fertilizer: means a material containing carbon and one or more elements, other than hydrogen and oxygen, essential for plant growth. See Florida Statutes 576.011
• percentage: means the percentage by weight. See Florida Statutes 576.011
• 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
• 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
• 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 576.011
• Registrant: means the person who registers specialty fertilizer under the provisions of this chapter. See Florida Statutes 576.011
• 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.
• Site-specific nutrient management: means the application of nutrients in accordance with…. See Florida Statutes 576.011
• Slow release fertilizer: means a fertilizer in a form that releases, or converts to a plant-available form, plant nutrients at a slower rate relative to an appropriate reference soluble product. See Florida Statutes 576.011
• 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 576.011
• Ton: means a net weight of 2,000 pounds avoirdupois. See Florida Statutes 576.011
• Water-insoluble nitrogen: means nitrogen not soluble in water. See Florida Statutes 576.011
• 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