Terms Used In Florida Statutes > Chapter 493 > Part I - General Provisions

• Access center: means a facility that has medical, mental health, and substance abuse professionals to provide emergency screening and evaluation for mental health or substance abuse disorders and may provide transportation to an appropriate facility if an individual is in need of more intensive services. See Florida Statutes 394.455
• Accrediting organizations: means national accreditation organizations that are approved by the Centers for Medicare and Medicaid Services and whose standards incorporate comparable licensure regulations required by the state. See Florida Statutes 395.002
• Addictions receiving facility: is a secure, acute care facility that provides, at a minimum, detoxification and stabilization services; is operated 24 hours per day, 7 days per week; and is designated by the department to serve individuals found to be substance use impaired as described in…. See Florida Statutes 397.311
• Addictions receiving facility: is a secure, acute care facility that, at a minimum, provides emergency screening, evaluation, detoxification, and stabilization services; is operated 24 hours per day, 7 days per week; and is designated by the department to serve individuals found to have substance abuse impairment who qualify for services under this part. See Florida Statutes 394.455
• Administrative Procedures Committee: means a committee designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
• Administrator: means the chief administrative officer of a receiving or treatment facility or his or her designee. See Florida Statutes 394.455
• Adult: means an individual who is 18 years of age or older or who has had the disability of nonage removed under chapter 743. See Florida Statutes 394.455
• 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 an entity that is related through a parent corporation's controlling interest. See Florida Statutes 280.02
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means any official, officer, department, board, commission, division, bureau, section, district, office, authority, committee, or council, or any other unit of organization, however designated, of the executive branch of state government, and the Public Service Commission. See Florida Statutes 283.30
• Agency: means the Agency for Health Care Administration. See Florida Statutes 395.002
• Agency: means the Agency for Health Care Administration. See Florida Statutes 394.67
• Agency: means the Agency for Health Care Administration. See Florida Statutes 395.4001
• Agency: means the Agency for Health Care Administration. See Florida Statutes 395.901
• Agency with jurisdiction: means the entity that releases, upon lawful order or authority, a person who is serving a sentence in the custody of the Department of Corrections, a person who was adjudicated delinquent and is committed to the custody of the Department of Juvenile Justice, a person who was involuntarily committed to the custody of the Department of Children and Families upon an adjudication of not guilty by reason of insanity, or a person who is serving a sentence in a county or municipal jail for a sexually violent offense as defined in paragraph (9)(i). See Florida Statutes 394.912
• Allegation: something that someone says happened.
• Alteration: means any change or addition to the vertical conveyance other than maintenance, repair, or replacement. See Florida Statutes 399.01
• Ambulatory surgical center: means a facility, the primary purpose of which is to provide elective surgical care, in which the patient is admitted to and discharged from such facility within 24 hours, and which is not part of a hospital. See Florida Statutes 395.002
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• At service capacity: means the temporary inability of a hospital to provide a service which is within the service capability of the hospital, due to maximum use of the service at the time of the request for the service. See Florida Statutes 395.002
• Authorized agent of the department: means a person designated by the department to conduct any audit, inspection, monitoring, evaluation, or other duty imposed upon the department pursuant to this chapter. See Florida Statutes 397.311
• Average daily balance: means the average daily balance of public deposits held during the reported month. See Florida Statutes 280.02
• Average monthly balance: means the average monthly balance of public deposits held by the depository during any 12 calendar months. See Florida Statutes 280.02
• Behavioral health: means the prevention and treatment of, and recovery from, any substance use disorder, mental health disorder, or co-occurring disorder. See Florida Statutes 395.901
• Behavioral health professions: means licensed or certified professionals serving the needs of patients with behavioral health disorders, including, but not limited to, psychiatrists licensed under chapter 458 or chapter 459; psychologists licensed under chapter 490; psychiatric nurses licensed under chapter 464; and social workers, marriage and family therapists, and mental health counselors licensed under chapter 491. See Florida Statutes 395.901
• Behavioral health teaching hospital: means a hospital licensed under this chapter and designated as a behavioral health teaching hospital by the agency under…. See Florida Statutes 395.901
• 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}
• Beyond the safe management capabilities of the service provider: refers to an individual who is in need of:
  (a) Supervision;
  (b) Medical care; or
  (c) Services,

  beyond that which the service provider or service component can deliver. See Florida Statutes 397.311

• board: means the board within a district or subdistrict of the department which is established in accordance with ¹s. See Florida Statutes 394.67
• Book-entry form: means that securities are not represented by a paper certificate but represented by an account entry on the records of a depository trust clearing system or, in the case of United States Government securities, a Federal Reserve Bank. See Florida Statutes 280.02
• Certificate of compliance: means a certificate that is issued by a credentialing entity to a recovery residence or a recovery residence administrator. See Florida Statutes 397.311
• Certificate of operation: means a document issued by the department which indicates that the conveyance has had the required safety inspection and tests and that fees have been paid as provided in this chapter. See Florida Statutes 399.01
• Certified elevator inspector: is a natural person registered with and authorized by the division to construct, install, inspect, maintain, or repair any vertical conveyance, after having properly acquired the qualified elevator inspector credential as prescribed by the American Society of Mechanical Engineers. See Florida Statutes 399.01
• Certified elevator technician: means a natural person authorized by the division to construct, install, maintain, or repair any vertical conveyance, after having been issued an elevator certificate of competency by the division. See Florida Statutes 399.01
• Certified recovery residence: means a recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator. See Florida Statutes 397.311
• Certified recovery residence administrator: means a recovery residence administrator who holds a valid certificate of compliance. See Florida Statutes 397.311
• Chambers: A judge's office.
• 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.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Client: means any individual receiving services in any substance abuse or mental health facility, program, or service, which facility, program, or service is operated, funded, or regulated by the agency and the department or regulated by the agency. See Florida Statutes 394.67
• Clinical privileges: means the privileges granted to a physician or other licensed health care practitioner to render patient care services in a hospital, but does not include the privilege of admitting patients. See Florida Statutes 395.002
• Clinical psychologist: means a person licensed to practice psychology under chapter 490 or a psychologist employed by a facility operated by the United States Department of Veterans Affairs that qualifies as a receiving or treatment facility under this part. See Florida Statutes 394.455
• Clinical record: means all parts of the record required to be maintained and includes all medical records, progress notes, charts, and admission and discharge data, and all other information recorded by facility staff which pertains to the patient's hospitalization or treatment. See Florida Statutes 394.455
• Clinical social worker: means a person licensed as a clinical social worker under…. See Florida Statutes 394.455
• Clinical treatment: means a professionally directed, deliberate, and planned regimen of services and interventions that are designed to reduce or eliminate the misuse of drugs and alcohol and promote a healthy, drug-free lifestyle. See Florida Statutes 397.311
• clinical treatment services: include , but are not limited to, the following licensable service components:
  1. See Florida Statutes 397.311
• Collateral-pledging level: means the percentage of collateral required to be pledged by a qualified public depository as provided under…. See Florida Statutes 280.02
• Community facility: means a community service provider that contracts with the department to furnish substance abuse or mental health services under part IV of this chapter. See Florida Statutes 394.455
• Community housing: means a certified recovery residence offered, referred to, or provided by a licensed service provider that provides housing to its patients who are required to reside at the residence while receiving intensive outpatient and higher levels of outpatient care. See Florida Statutes 397.311
• Community mental health center or clinic: means a publicly funded, not-for-profit center that contracts with the department for the provision of inpatient, outpatient, day treatment, or emergency services. See Florida Statutes 394.455
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• component: means a discrete operational entity within a service provider which is subject to licensing as defined by rule. See Florida Statutes 397.311
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conveyance: means an elevator, dumbwaiter, escalator, moving sidewalk, platform lift, or stairway chairlift. See Florida Statutes 399.01
• Convicted of a sexually violent offense: means a person who has been:
  (a) Adjudicated guilty of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere;
  (b) Adjudicated not guilty by reason of insanity of a sexually violent offense; or
  (c) Adjudicated delinquent of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere. See Florida Statutes 394.912
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means the court of legal jurisdiction in the context in which the term is used in this chapter. See Florida Statutes 397.311
• 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.
• Credentialing entity: means a nonprofit organization that develops and administers professional, facility, or organization certification programs according to applicable nationally recognized certification or psychometric standards. See Florida Statutes 397.311
• 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}
• Crisis services: means short-term evaluation, stabilization, and brief intervention services provided to a person who is experiencing an acute mental or emotional crisis, as defined in subsection (18), or an acute substance abuse crisis, as defined in subsection (19), to prevent further deterioration of the person's mental health. See Florida Statutes 394.67
• Crisis stabilization unit: means a program that provides an alternative to inpatient hospitalization and that provides brief, intensive services 24 hours a day, 7 days a week, for mentally ill individuals who are in an acutely disturbed state. See Florida Statutes 394.67
• Current month: means the month immediately following the month for which the monthly report is due from qualified public depositories. See Florida Statutes 280.02
• Custodian: means the Chief Financial Officer or a bank, credit union, savings association, or trust company that:
  (a) Is organized and existing under the laws of this state, any other state, or the United States;
  (b) Has executed all forms required under this chapter or any rule adopted hereunder;
  (c) Agrees to be subject to the jurisdiction of the courts of this state, or of the courts of the United States which are located within this state, for the purpose of any litigation arising out of this chapter; and
  (d) Has been approved by the Chief Financial Officer to act as a custodian. See Florida Statutes 280.02
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day or night treatment: is a service provided in a nonresidential environment, with a structured schedule of treatment and rehabilitative services. See Florida Statutes 397.311
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Default or insolvency: includes , without limitation, the failure or refusal of a qualified public depository to pay a check or warrant drawn upon sufficient and collected funds by a public depositor or to return a deposit on demand or at maturity together with interest as agreed; the issuance of an order by a supervisory authority restraining such depository from making payments of deposit liabilities; or the appointment of a receiver for such depository. See Florida Statutes 280.02
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Management Services. See Florida Statutes 283.30
• Department: means the Department of Business and Professional Regulation. See Florida Statutes 399.01
• Department: means the Department of Health. See Florida Statutes 395.002
• Department: means the Department of Children and Families. See Florida Statutes 397.311
• Department: means the Department of Children and Families. See Florida Statutes 394.455
• Department: means the Department of Children and Families. See Florida Statutes 394.67
• Department: means the Department of Children and Families. See Florida Statutes 394.912
• Department: means the Department of Health. See Florida Statutes 395.4001
• Department: means the Department of Children and Families. See Florida Statutes 395.901
• Department: means the Department of Corrections. See Florida Statutes 397.753
• Dependent: A person dependent for support upon another.
• Designated receiving facility: means a facility approved by the department which may be a public or private hospital, crisis stabilization unit, or addictions receiving facility; which provides, at a minimum, emergency screening, evaluation, and short-term stabilization for mental health or substance abuse disorders; and which may have an agreement with a corresponding facility for transportation and services. See Florida Statutes 394.455
• Detoxification: is a service involving subacute care that is provided on an inpatient or an outpatient basis to assist individuals to withdraw from the physiological and psychological effects of substance abuse and who meet the placement criteria for this component. See Florida Statutes 397.311
• Detoxification facility: means a facility licensed to provide detoxification services under chapter 397. See Florida Statutes 394.455
• Director: means any member of the official board of directors as reported in the organization's annual corporate report to the Florida Department of State, or, if no such report is made, any member of the operating board of directors. See Florida Statutes 395.002
• Director: means the chief administrative or executive officer of a service provider or recovery residence. See Florida Statutes 397.311
• Director: means any member of the official board of directors reported in the organization's annual corporate report to the Florida Department of State, or, if no such report is made, any member of the operating board of directors. See Florida Statutes 394.67
• disclosure: means a communication of identifying information, the affirmative verification of another person's communication of identifying information, or the communication of any information regarding an individual who has received services. See Florida Statutes 397.311
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District administrator: means the person appointed by the Secretary of Children and Families for the purpose of administering a department service district as set forth in ¹s. See Florida Statutes 394.67
• Division: means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. See Florida Statutes 399.01
• Docket: A log containing brief entries of court proceedings.
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Duplicating: means the process of reproducing an image or images from an original to a final substrate through the electrophotographic, xerographic, laser, or offset process or any combination of these processes, by which an operator can make more than one copy without rehandling the original. See Florida Statutes 283.30
• 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}
• Electronic means: means a form of telecommunication which requires all parties to maintain visual as well as audio communication when being used to conduct an examination by a qualified professional. See Florida Statutes 394.455
• Elevator: means one of the following mechanical devices:
  (a) A hoisting and lowering mechanism, equipped with a car and platform that moves in guide rails and serves two or more landings to transport material or passengers or both. See Florida Statutes 399.01
• Elevator certificate of competency: means a credential issued by the division to any individual natural person successfully completing an examination as prescribed by rule and paying a nonrefundable fee of $50. See Florida Statutes 399.01
• Elevator Safety Technical Advisory Committee: means the committee appointed by the secretary of the Department of Business and Professional Regulation. See Florida Statutes 399.01
• Eligible collateral: means securities, Federal Home Loan Bank letters of credit, and cash, as designated in…. See Florida Statutes 280.02
• Emergency medical condition: means :
  (a) A medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:

  1. See Florida Statutes 395.002
• Emergency services and care: means medical screening, examination, and evaluation by a physician, or, to the extent permitted by applicable law, by other appropriate personnel under the supervision of a physician, to determine if an emergency medical condition exists and, if it does, the care, treatment, or surgery by a physician necessary to relieve or eliminate the emergency medical condition, within the service capability of the facility. See Florida Statutes 395.002
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• evaluation: means a systematic measurement of a service provider's achievement of desired individual or service outcomes. See Florida Statutes 397.311
• 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.
• Executor: A male person named in a will to carry out the decedent
• Express and informed consent: means consent voluntarily given in writing, by a competent person, after sufficient explanation and disclosure of the subject matter involved to enable the person to make a knowing and willful decision without any element of force, fraud, deceit, duress, or other form of constraint or coercion. See Florida Statutes 394.455
• Facility: means any hospital, community facility, public or private facility, or receiving or treatment facility providing for the evaluation, diagnosis, care, treatment, training, or hospitalization of persons who appear to have or who have been diagnosed as having a mental illness or substance abuse impairment. See Florida Statutes 394.455
• 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 funds: means funds from federal sources for substance abuse or mental health facilities and programs, exclusive of federal funds that are deemed eligible by the Federal Government, and are eligible through state regulation, for matching purposes. See Florida Statutes 394.67
• Fee system: means a method of establishing charges for services rendered, in accordance with an individual's ability to pay, used by providers that receive state funds. See Florida Statutes 397.311
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means , including, but not limited to, an association, bank, brokerage firm, credit union, industrial savings bank, savings and loan association, trust company, or other type of financial institution organized under the laws of this state or any other state of the United States and doing business in this state or any other state, in the general nature of the business conducted by banks and savings associations. See Florida Statutes 280.02
• 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.
• For profit: means registered as for profit by the Secretary of State and recognized by the Internal Revenue Service as a for-profit entity. See Florida Statutes 397.311
• 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}
• Fraud: Intentional deception resulting in injury to another.
• General hospital: means any facility which meets the provisions of subsection (12) and which regularly makes its facilities and services available to the general population. See Florida Statutes 395.002
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the chief legislative body of a county, a board of county commissioners, or boards of county commissioners in counties acting jointly, or their counterparts in a charter government. See Florida Statutes 394.67
• Governmental unit: means the state or any county, school district, community college district, state university, special district, metropolitan government, or municipality, including any agency, board, bureau, commission, and institution of any of such entities, or any court. See Florida Statutes 280.02
• Governmental unit: means the state or any county, municipality, or other political subdivision, or any department, division, board, or other agency of any of the foregoing. See Florida Statutes 395.002
• 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.
• Guardian: means the natural guardian of a minor, or a person appointed by a court to act on behalf of a ward's person if the ward is a minor or has been adjudicated incapacitated. See Florida Statutes 394.455
• Guardian advocate: means a person appointed by a court to make decisions regarding mental health treatment on behalf of a patient who has been found incompetent to consent to treatment pursuant to this part. See Florida Statutes 394.455
• 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.
• Habitual abuser: means a person who is brought to the attention of law enforcement for being substance impaired, who meets the criteria for involuntary admission in…. See Florida Statutes 397.311
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• hospital: includes a medical office building located on the same premises as a hospital facility, provided the land on which the medical office building is constructed is zoned for use as a hospital; provided the premises were zoned for hospital purposes on January 1, 1992. See Florida Statutes 395.002
• Hospital: means a hospital or hospital-based component licensed under chapter 395. See Florida Statutes 397.311
• Hospital: means a hospital licensed under chapter 395 and part II of chapter 408. See Florida Statutes 394.455
• Hospital bed: means a hospital accommodation which is ready for immediate occupancy, or is capable of being made ready for occupancy within 48 hours, excluding provision of staffing, and which conforms to minimum space, equipment, and furnishings standards as specified by rule of the agency for the provision of services specified in this section to a single patient. See Florida Statutes 395.002
• Hospital-based off-campus emergency department: means a facility that:
  (a) Provides emergency services and care;
  (b) Is owned and operated by a licensed hospital and operates under the license of the hospital; and
  (c) Is located on separate premises from the hospital. See Florida Statutes 395.002
• Identifying information: means the name, address, social security number, fingerprints, photograph, and similar information by which the identity of an individual can be determined with reasonable accuracy directly or by reference to other publicly available information. See Florida Statutes 397.311
• Incapacitated: means that a person has been adjudicated incapacitated pursuant to part V of chapter 744 and a guardian of the person has been appointed. See Florida Statutes 394.455
• Incompetent to consent to treatment: means a state in which a person's judgment is so affected by a mental illness or a substance abuse impairment that he or she lacks the capacity to make a well-reasoned, willful, and knowing decision concerning his or her medical, mental health, or substance abuse treatment. See Florida Statutes 394.455
• 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.
• Individual: means a person who receives alcohol or other drug abuse treatment services delivered by a service provider. See Florida Statutes 397.311
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inmate: means any person committed by a court of competent jurisdiction to the custody of the Department of Corrections, including transfers from federal and state agencies under the Interstate Corrections Compact. See Florida Statutes 397.753
• Inmate substance abuse services: means any service component as defined in…. See Florida Statutes 397.753
• Intensive inpatient treatment: includes a planned regimen of evaluation, observation, medical monitoring, and clinical protocols delivered through an interdisciplinary team approach provided 24 hours per day, 7 days per week, in a highly structured, live-in environment. See Florida Statutes 397.311
• Intensive residential treatment programs for children and adolescents: means a specialty hospital accredited by an accrediting organization as defined in subsection (1) which provides 24-hour care and which has the primary functions of diagnosis and treatment of patients under the age of 18 having psychiatric disorders in order to restore such patients to an optimal level of functioning. See Florida Statutes 395.002
• Interfacility trauma transfer: means the transfer of a trauma victim between two facilities licensed under this chapter, pursuant to this part. See Florida Statutes 395.4001
• International Classification Injury Severity Score: means the statistical method for computing the severity of injuries sustained by trauma patients. See Florida Statutes 395.4001
• Intervention: means structured services directed toward individuals or groups at risk of substance abuse and focused on reducing or impeding those factors associated with the onset or the early stages of substance abuse and related problems. See Florida Statutes 397.311
• Intestate: Dying without leaving a will.
• Involuntary examination: means an examination performed under…. See Florida Statutes 394.455
• Involuntary services: means court-ordered outpatient services or inpatient placement for mental health treatment pursuant to…. See Florida Statutes 394.455
• Involuntary treatment services: means an array of behavioral health services that may be ordered by the court for persons with substance abuse impairment or co-occurring substance abuse impairment and mental health disorders. See Florida Statutes 397.311
• 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.
• Jurisprudence: The study of law and the structure of the legal system.
• Law enforcement officer: means a law enforcement officer as defined in…. See Florida Statutes 397.311
• 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}
• Legislative Auditing Committee: means a committee or committees designated by joint rule of the Legislature, by the President of the Senate or the Speaker of the House of Representatives, or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Level I trauma center: means a trauma center that:
  (a) Has formal research and education programs for the enhancement of trauma care; is verified by the department to be in substantial compliance with Level I trauma center and pediatric trauma center standards; and has been approved by the department to operate as a Level I trauma center. See Florida Statutes 395.4001
• Level II trauma center: means a trauma center that:
  ¹(a) Is verified by the department to be in substantial compliance with Level II trauma center standards and has been approved by the department to operate as a Level II trauma center or is designated pursuant to…. See Florida Statutes 395.4001
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed facility: means a hospital or ambulatory surgical center licensed in accordance with this chapter. See Florida Statutes 395.002
• Licensed facility: means a facility licensed in accordance with this chapter. See Florida Statutes 394.67
• Licensed service provider: means a public agency under this chapter, a private for-profit or not-for-profit agency under this chapter, a physician or any other private practitioner licensed under this chapter, or a hospital that offers substance abuse services through one or more licensed service components. See Florida Statutes 397.311
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lifesafety: means the control and prevention of fire and other life-threatening conditions on a premises for the purpose of preserving human life. See Florida Statutes 395.002
• Likely to engage in acts of sexual violence: means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others. See Florida Statutes 394.912
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local funding contribution: means local municipal, county, or tax district funding exclusive of any patient-specific funds received pursuant to ss. See Florida Statutes 395.4001
• Local matching funds: means funds received from governing bodies of local government, including city commissions, county commissions, district school boards, special tax districts, private hospital funds, private gifts, both individual and corporate, and bequests and funds received from community drives or any other sources. See Florida Statutes 394.67
• Loss to public depositors: means loss of all principal and all interest or other earnings on the principal accrued or accruing as of the date the qualified public depository was declared in default or insolvent. See Florida Statutes 280.02
• Market value: means the value of collateral calculated pursuant to…. See Florida Statutes 280.02
• Marriage and family therapist: means a person licensed to practice marriage and family therapy under…. See Florida Statutes 394.455
• Medical monitoring: means oversight and treatment, 24 hours per day by medical personnel who are licensed under chapter 458, chapter 459, or chapter 464, of individuals whose subacute problems are so severe that the individuals require intensive inpatient treatment by an interdisciplinary team. See Florida Statutes 397.311
• Medical staff: means physicians licensed under chapter 458 or chapter 459 with privileges in a licensed facility, as well as other licensed health care practitioners with clinical privileges as approved by a licensed facility's governing board. See Florida Statutes 395.002
• Medically necessary transfer: means a transfer made necessary because the patient is in immediate need of treatment for an emergency medical condition for which the facility lacks service capability or is at service capacity. See Florida Statutes 395.002
• Mental abnormality: means a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses. See Florida Statutes 394.912
• Mental health counselor: means a person licensed to practice mental health counseling under…. See Florida Statutes 394.455
• Mental health overlay program: means a mobile service that provides an independent examination for voluntary admission and a range of supplemental onsite services to persons with a mental illness in a residential setting such as a nursing home, an assisted living facility, or an adult family-care home or a nonresidential setting such as an adult day care center. See Florida Statutes 394.455
• Mental health services: means those therapeutic interventions and activities that help to eliminate, reduce, or manage symptoms or distress for persons who have severe emotional distress or a mental illness and to effectively manage the disability that often accompanies a mental illness so that the person can recover from the mental illness, become appropriately self-sufficient for his or her age, and live in a stable family or in the community. See Florida Statutes 394.67
• Mental illness: means an impairment of the mental or emotional processes that exercise conscious control of one's actions or of the ability to perceive or understand reality, which impairment substantially interferes with the person's ability to meet the ordinary demands of living. See Florida Statutes 394.455
• Minor: means an individual who is 17 years of age or younger and who has not had the disability of nonage removed pursuant to…. See Florida Statutes 394.455
• minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{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.
• Not for profit: means registered as not for profit by the Secretary of State and recognized by the Internal Revenue Service as a not-for-profit entity. See Florida Statutes 397.311
• Oath: A promise to tell the truth.
• oath: includes affirmations. See Florida Statutes 1.01
• 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.
• Operating subsidiary: means the qualified public depository's 100-percent owned corporation that has ownership of pledged collateral. See Florida Statutes 280.02
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Outpatient treatment: is a service that provides individual, group, or family counseling by appointment during scheduled operating hours for individuals who meet the placement criteria for this component. See Florida Statutes 397.311
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the owner of the freehold estate, subject to assessment pursuant to this chapter, as appears by the deed record. See Florida Statutes 298.005
• 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.
• Patient: means any person, with or without a co-occurring substance abuse disorder, who is held or accepted for mental health treatment. See Florida Statutes 394.455
• Patient fees: means compensation received by a community substance abuse or mental health facility for services rendered to a specific client from any source of funds, including city, county, state, federal, and private sources. See Florida Statutes 394.67
• Pediatric trauma center: means a hospital that is verified by the department to be in substantial compliance with pediatric trauma center standards as established by rule of the department and has been approved by the department to operate as a pediatric trauma center. See Florida Statutes 395.4001
• Peer specialist: means a person who has been in recovery from a substance use disorder or mental illness for at least 2 years who uses his or her personal experience to provide services in behavioral health settings to support others in their recovery, or a person who has at least 2 years of experience as a family member or caregiver of an individual who has a substance use disorder or mental illness. See Florida Statutes 397.311
• Person: means any individual, partnership, corporation, association, or governmental unit. See Florida Statutes 395.002
• Person: means an individual 18 years of age or older who is a potential or actual subject of proceedings under this part. See Florida Statutes 394.912
• person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
• Person who is experiencing an acute mental or emotional crisis: means a child, adolescent, or adult who is experiencing a psychotic episode or a high level of mental or emotional distress which may be precipitated by a traumatic event or a perceived life problem for which the individual's typical coping strategies are inadequate. See Florida Statutes 394.67
• Personal property: All property that is not real property.
• personnel: includes all owners, directors, chief financial officers, staff, and volunteers, including foster parents, of a service provider. See Florida Statutes 397.311
• Physical restraint: includes the physical holding of a person during a procedure to forcibly administer psychotropic medication. See Florida Statutes 394.455
• Physician: means a person licensed under chapter 458 to practice medicine or licensed under chapter 459 to practice osteopathic medicine, and may include, if the context so indicates, an intern or resident enrolled in an intern or resident training program affiliated with an approved medical school, hospital, or other facility through which training programs are normally conducted. See Florida Statutes 397.311
• Physician: means a medical practitioner licensed under chapter 458 or chapter 459 who has experience in the diagnosis and treatment of mental illness or a physician employed by a facility operated by the United States Department of Veterans Affairs or the United States Department of Defense. See Florida Statutes 394.455
• Physician assistant: means a person licensed under chapter 458 or chapter 459 to practice medicine under the supervision of a physician or psychiatrist whose specialty includes substance abuse treatment. See Florida Statutes 397.311
• Physician assistant: means a person licensed under chapter 458 or chapter 459 who has experience in the diagnosis and treatment of mental disorders. See Florida Statutes 394.455
• plan: means the combined district substance abuse and mental health plan approved by the district administrator and governing bodies in accordance with this part. See Florida Statutes 394.67
• 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.
• Pledged collateral: means securities or cash held separately and distinctly by an eligible custodian for the benefit of the Chief Financial Officer to be used as security for Florida public deposits. See Florida Statutes 280.02
• Pledgor: means the qualified public depository and, if one is used, operating subsidiary. See Florida Statutes 280.02
• 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
• Pool figure: means the total average monthly balances of public deposits held by all banks, savings banks, or savings associations or held separately by all credit unions during the immediately preceding 12-month period. See Florida Statutes 280.02
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Premises: means those buildings, beds, and equipment located at the address of the licensed facility and all other buildings, beds, and equipment for the provision of hospital or ambulatory surgical care located in such reasonable proximity to the address of the licensed facility as to appear to the public to be under the dominion and control of the licensee. See Florida Statutes 395.002
• Premises: means those buildings, beds, and facilities located at the main address of the licensee and all other buildings, beds, and facilities for the provision of acute or residential care which are located in such reasonable proximity to the main address of the licensee as to appear to the public to be under the dominion and control of the licensee. See Florida Statutes 394.67
• 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.
• Prevention: means a process involving strategies that are aimed at the individual, family, community, or substance and that preclude, forestall, or impede the development of substance use problems and promote responsible lifestyles. See Florida Statutes 397.311
• Private facility: means a hospital or facility operated by a for-profit or not-for-profit corporation or association which provides mental health or substance abuse services and is not a public facility. See Florida Statutes 394.455
• Private practitioner: means a physician or a physician assistant licensed under chapter 458 or chapter 459, a psychologist licensed under chapter 490, or a clinical social worker, marriage and family therapist, or mental health counselor licensed under chapter 491. See Florida Statutes 397.311
• Private residence: means a separate dwelling or a separate apartment in a multiple dwelling which is occupied by members of a single-family unit. See Florida Statutes 399.01
• Private review agent: means any person or entity which performs utilization review services for third-party payors on a contractual basis for outpatient or inpatient services. See Florida Statutes 395.002
• 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.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Program office: means the Mental Health Program Office of the Department of Children and Families. See Florida Statutes 394.67
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• provider: means a public agency, a private for-profit or not-for-profit agency, a person who is a private practitioner, or a hospital licensed under this chapter or exempt from licensure under this chapter. See Florida Statutes 397.311
• Provisional trauma center: means a hospital that has been verified by the department to be in substantial compliance with the requirements in…. See Florida Statutes 395.4001
• Psychiatric nurse: means an advanced practice registered nurse licensed under…. See Florida Statutes 394.455
• Psychiatrist: means a medical practitioner licensed under chapter 458 or chapter 459 for at least 3 years, inclusive of psychiatric residency. See Florida Statutes 394.455
• Public: means those entities and persons other than subordinate and functionally related or connected federal, state, or local governmental agencies. See Florida Statutes 283.30
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public deposit: means the moneys of the state or of any state university, county, school district, community college district, special district, metropolitan government, or municipality, including agencies, boards, bureaus, commissions, and institutions of any of the foregoing, or of any court, and includes the moneys of all county officers, including constitutional officers, which are placed on deposit in a bank, credit union, savings bank, or savings association. See Florida Statutes 280.02
• Public depositor: means the official custodian of funds for a governmental unit who is responsible for handling public deposits. See Florida Statutes 280.02
• Public deposits program: means the Florida Security for Public Deposits Act contained in this chapter and any rule adopted under this chapter. See Florida Statutes 280.02
• Public facility: means a facility that has contracted with the department to provide mental health services to all persons, regardless of ability to pay, and is receiving state funds for such purpose. See Florida Statutes 394.455
• Publication: means any document, whether produced for public or internal distribution. See Florida Statutes 283.30
• Qualified professional: means a physician or a physician assistant licensed under chapter 458 or chapter 459; a professional licensed under chapter 490 or chapter 491; an advanced practice registered nurse licensed under part I of chapter 464; or a person who is certified through a department-recognized certification process for substance abuse treatment services and who holds, at a minimum, a bachelor's degree. See Florida Statutes 397.311
• Qualified professional: means a physician or a physician assistant licensed under chapter 458 or chapter 459; a psychiatrist licensed under chapter 458 or chapter 459; a psychologist as defined in…. See Florida Statutes 394.455
• Qualified public depository: means a bank, credit union, savings bank, or savings association that:
  (a) Is organized and exists under the laws of the United States, the laws of this state, or the laws of any other state or territory of the United States. See Florida Statutes 280.02
• Quality improvement: means a systematic and organized approach to monitor and continuously improve the quality of services in order to maintain, restore, or improve outcomes in individuals and populations throughout a system of care. See Florida Statutes 397.311
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Receiving facility: means a public or private facility or hospital designated by the department to receive and hold or refer, as appropriate, involuntary patients under emergency conditions for mental health or substance abuse evaluation and to provide treatment or transportation to the appropriate service provider. See Florida Statutes 394.455
• Recess: A temporary interruption of the legislative business.
• Recovery: means a process of personal change through which individuals achieve abstinence from alcohol or drug use and improve health, wellness, and quality of life. See Florida Statutes 397.311
• Recovery residence: means a residential dwelling unit, the community housing component of a licensed day or night treatment facility with community housing, or other form of group housing, which is offered or advertised through any means, including oral, written, electronic, or printed means, by any person or entity as a residence that provides a peer-supported, alcohol-free, and drug-free living environment. See Florida Statutes 397.311
• Recovery residence administrator: means the person responsible for overall management of the recovery residence, including, but not limited to, the supervision of residents and staff employed by, or volunteering for, the residence. See Florida Statutes 397.311
• Recovery support: means services designed to strengthen or assist individuals to regain skills, develop the environmental supports necessary to help the individual thrive in the community, and meet life goals that promote recovery from alcohol and drug use. See Florida Statutes 397.311
• Registered elevator company: means an entity registered with and authorized by the division employing persons to construct, install, inspect, maintain, or repair any vertical conveyance. See Florida Statutes 399.01
• registered mail: includes certified mail with return receipt requested. See Florida Statutes 1.01
• 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.
• Reported month: means the month for which a monthly report is due from qualified public depositories. See Florida Statutes 280.02
• 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).
• Representative: means a person selected to receive notice of proceedings during the time a patient is held in or admitted to a receiving or treatment facility. See Florida Statutes 394.455
• Residential treatment: is a service provided in a structured live-in environment within a nonhospital setting on a 24-hours-per-day, 7-days-per-week basis, and is intended for individuals who meet the placement criteria for this component. See Florida Statutes 397.311
• Residential treatment center for children and adolescents: means a 24-hour residential program, including a therapeutic group home, which provides mental health services to emotionally disturbed children or adolescents as defined in…. See Florida Statutes 394.67
• Residential treatment facility: means a facility providing residential care and treatment to individuals exhibiting symptoms of mental illness who are in need of a 24-hour-per-day, 7-day-a-week structured living environment, respite care, or long-term community placement. See Florida Statutes 394.67
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restraint: means :
  (a) A physical restraint, including any manual method or physical or mechanical device, material, or equipment attached or adjacent to an individual's body so that he or she cannot easily remove the restraint and which restricts freedom of movement or normal access to one's body. See Florida Statutes 394.455
• Rural hospital: means an acute care hospital licensed under this chapter, having 100 or fewer licensed beds and an emergency room, which is:
  1. See Florida Statutes 395.602
• Screening: means the gathering of initial information to be used in determining a person's need for assessment, services, or referral. See Florida Statutes 397.311
• Seclusion: means the physical segregation or involuntary isolation of a person in a room or area from which the person is prevented from leaving. See Florida Statutes 394.455
• Secretary: means the Secretary of Children and Families. See Florida Statutes 394.455
• Secretary: means the secretary of the Department of Children and Families. See Florida Statutes 394.912
• secure facility: includes addictions receiving facilities and facilities authorized by local ordinance for the treatment of habitual abusers. See Florida Statutes 397.311
• service area: means the fewest number of zip codes that account for 75 percent of the hospital's discharges for the most recent 5-year period, based on information available from the hospital inpatient discharge database in the Florida Center for Health Information and Transparency at the agency; or