Terms Used In Florida Regulations > Chapter 61-30 - Home Inspectors

• Additional Evaluation: Examination and analysis by a qualified professional engineer, contractor, tradesman or service technician beyond that provided by the home inspection. See Florida Regulations 61-30.101
• 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.
• Alarm Systems: Warning devices, installed or free standing, including but not limited to: carbon monoxide detectors, flue gas and other spillage detectors, security equipment, ejector pumps and smoke alarms. See Florida Regulations 61-30.101
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Architectural Service: Any practice involving the art and science of building design for construction of any structure or groupings of structures and the use of space within and surrounding the structures or the design for construction, including but not specifically limited to, schematic design, design development, preparation of construction contract documents, and administration of the construction contract. See Florida Regulations 61-30.101
• Automatic Safety Controls: Devices designed and installed to protect systems and components from unsafe conditions. See Florida Regulations 61-30.101
• 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}
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Component: A part of a system. See Florida Regulations 61-30.101
• Continuing Education Course: A course related to the practice of home inspection. See Florida Regulations 61-30.101
• Continuing Education Provider: An entity and any of its agents approved by the department to engage in providing continuing education courses as required by Fl. See Florida Regulations 61-30.101
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Course Instructor: Any person approved by the department to conduct training for a department approved course. See Florida Regulations 61-30.101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decorative: Ornamental; not required for the operation of the essential systems and components of a home. See Florida Regulations 61-30.101
• 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.
• Describe: To distinguish a system or component by its type or other observed significant characteristics; to distinguish it from other systems or components. See Florida Regulations 61-30.101
• Directly Supervise: To direct and exercise control over the activities of a person by being physically present at the job site. See Florida Regulations 61-30.101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismantle: To take apart or remove any component, device or piece of equipment that would not be taken apart or removed by a homeowner in the course of normal and routine homeowner maintenance. See Florida Regulations 61-30.101
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Engineering Services: Any professional service or creative work requiring engineering education, training and experience and the application of special knowledge of the mathematical, material and engineering services to such professional service or creative work as consultation, investigation, evaluation, planning, design and supervision of construction for the purpose of assuring compliance with the specifications and design, in conjunction with structures, buildings, machines, equipment, works or processes. See Florida Regulations 61-30.101
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Household Appliances: Ranges, cook-tops, built-in dishwashers, food waste disposers, garage door openers, built-in ovens, built-in microwave ovens, refrigerators, freezers, clothes washers, clothes dryers, built-in trash compactors, ceiling fans or whole-house fans, if present and if not excluded in the scope of services disclosure. See Florida Regulations 61-30.101
• Inspect: To examine readily accessible systems and components of a home in accordance with the Standards of Practice adopted by the Department in Rules 61-30. See Florida Regulations 61-30.101
• Installed: Attached such that removal requires tools. See Florida Regulations 61-30.101
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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.
• Normal operating controls: Devices such as thermostats, switches or valves intended to be operated by the homeowner. See Florida Regulations 61-30.101
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Personal property: All property that is not real property.
• 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.
• Prelicensure Education Course: An initial course of study approved by the department which provides the educational experience required to certify an individual for licensure as a home inspector pursuant to Fl. See Florida Regulations 61-30.101
• Prelicensure Education Provider: An entity and any of its agents approved by the department to engage in providing prelicensure education courses as required by this chapter. See Florida Regulations 61-30.101
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Readily Accessible: Available for visual inspection without requiring dismantling or destructive means to gain access, moving of items, including but not limited to, furniture, personal property, stored items, clothing, wall or floor covering, or debris, dismantling, or any action which will likely involve risk to persons or property. See Florida Regulations 61-30.101
• Readily Operable Access Panel: A panel provided for homeowner inspection and maintenance that is within normal reach, can be removed by one person and is not sealed in place. See Florida Regulations 61-30.101
• Recreational Facilities: Spas, saunas, steam baths, swimming pools, exercise, entertainment, athletic, playground or other similar equipment and associated accessories. See Florida Regulations 61-30.101
• Report: To communicate in writing. See Florida Regulations 61-30.101
• Representative Number: One component per room for multiple similar interior components such as window and electric outlets; one component on each side of the home for multiple similar exterior components. See Florida Regulations 61-30.101
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Roof Drainage Systems: Components used to carry water off a roof and away from a home. See Florida Regulations 61-30.101
• Service Life: Service life is the expected lifetime, or the acceptable period of use in service of a particular system or component. See Florida Regulations 61-30.101
• 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.
• Shut Down: A state in which a system or component cannot be operated by normal operating controls. See Florida Regulations 61-30.101
• Significantly Deficient: Not operating in the manner in which the system or component was designed to operate or creates a significant risk of personal injury during normal, day-to-day use. See Florida Regulations 61-30.101
• Solid Fuel Burning Appliances: A hearth and fire chamber or similar prepared place in which a fire may be built and which is built in conjunction with a chimney; or a listed assembly of a fire chamber, its chimney and related factory-made parts designed for unit assembly without requiring field construction. See Florida Regulations 61-30.101
• Structural Component: A component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads). See Florida Regulations 61-30.101
• Subpoena: A command to a witness to appear and give testimony.
• System: A combination of interacting or interdependent components, assembled to carry out one or more functions. See Florida Regulations 61-30.101
• Technically Exhaustive: An investigation that involves dismantling; the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means. See Florida Regulations 61-30.101
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Training Day: The equivalent of 8 hours (an hour being no less than 50 minutes of instruction) including breaks and lunch. See Florida Regulations 61-30.101
• Under-floor Crawl Space: The area within the confines of the foundation and between the ground and the underside of the floor. See Florida Regulations 61-30.101
• Unsafe: A condition in a readily accessible, installed system or component which is judged to be a significant risk of personal injury during normal, day-to-day use. See Florida Regulations 61-30.101
• Wiring Methods: Identification of electrical conductors or wires by their general type, such as ""non-metallic sheathed cable"" (""Romex""), ""armored cable"" (""bx"") or ""knob and tube"" etc. See Florida Regulations 61-30.101