Florida Statutes > Chapter 497 – Funeral, Cemetery, and Consumer Services


Part I	General Provisions	497.001 – 497.172
Part II	Cemetery Regulation	497.260 – 497.287
Part III	Funeral Directing, Embalming, and Related Services	497.365 – 497.393
Part IV	Preneed Sales	497.450 – 497.469
Part V	Monument Establishments	497.550 – 497.555
Part VI	Cremation, Crematories, and Direct Disposition	497.601 – 497.609

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Terms Used In Florida Statutes > Chapter 497 - Funeral, Cemetery, and Consumer Services

Accepted: means that the agency has found that a report or data submitted by a health care facility or a health care provider contains all schedules and data required by the agency and has been prepared in the format specified by the agency, and otherwise conforms to applicable rule or Florida Hospital Uniform Reporting System manual requirements regarding reports in effect at the time such report was submitted, and the data are mathematically reasonable and accurate. See Florida Statutes 408.07
Accountable care organization: means an entity qualified as an accountable care organization in accordance with federal regulations, and which meets the requirements of a provider service network as described in…. See Florida Statutes 409.962
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Act: means the Rehabilitation Act of 1973, as amended. See Florida Statutes 413.20
Adjusted admission: means the sum of acute and intensive care admissions divided by the ratio of inpatient revenues generated from acute, intensive, ambulatory, and ancillary patient services to gross revenues. See Florida Statutes 408.07
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
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Aeronautical study: means a Federal Aviation Administration study, conducted in accordance with the standards of Florida Statutes 333.01
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.
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 the Agency for Health Care Administration. See Florida Statutes 408.07
Agency: means the Agency for Health Care Administration, which is the licensing agency under this part. See Florida Statutes 408.803
Agency: means the Agency for Health Care Administration. See Florida Statutes 409.962
agent: means a person charged by the entity with the responsibility of navigating and operating the personal delivery device. See Florida Statutes 316.003
Agreement materials: means those materials licensed by the state, under agreement with the United States Nuclear Regulatory Commission or its successor agency, which include byproduct, source, or special nuclear materials in a quantity not sufficient to form a critical mass, as defined by the Atomic Energy Act of 1954, as amended. See Florida Statutes 404.031
Agreement state: means any state which has consummated an agreement with the United States Nuclear Regulatory Commission under the authority of…. See Florida Statutes 404.031
Airboat: means a vessel that is primarily designed for use in shallow waters and powered by an internal combustion engine with an airplane-type propeller mounted above the stern and used to push air across a set of rudders. See Florida Statutes 327.02
Airport: means any area of land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose. See Florida Statutes 333.01
Airport hazard: means an obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities. See Florida Statutes 333.01
Airport land use compatibility zoning: means airport zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of airports. See Florida Statutes 333.01
Airport layout plan: means a set of scaled drawings that provides a graphic representation of the existing and future development plan for the airport and demonstrates the preservation and continuity of safety, utility, and efficiency of the airport. See Florida Statutes 333.01
Airport master plan: means a comprehensive plan of an airport which typically describes current and future plans for airport development designed to support existing and future aviation demand. See Florida Statutes 333.01
Airport protection zoning regulations: means airport zoning regulations governing airport hazards. See Florida Statutes 333.01
Alcohol: means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol. See Florida Statutes 322.01
Alcohol concentration: means :
(a) The number of grams of alcohol per 100 milliliters of blood;
(b) The number of grams of alcohol per 210 liters of breath; or
(c) The number of grams of alcohol per 67 milliliters of urine. See Florida Statutes 322.01
Alcohol or chemical dependency treatment center: means an organization licensed under chapter 397. See Florida Statutes 408.07
Allegation: something that someone says happened.
alliance: means the group of stakeholders, community leaders, client representatives, and funders of human services established pursuant to…. See Florida Statutes 409.986
Alternative container: means an unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and that is made of fiberboard, pressed wood, composition materials (with or without an outside covering), or like materials. See Florida Statutes 497.005
Ambulatory care center: means an organization which employs or contracts with licensed health care professionals to provide diagnosis or treatment services predominantly on a walk-in basis and the organization holds itself out as providing care on a walk-in basis. See Florida Statutes 408.07
Ambulatory surgical center: means a facility licensed as an ambulatory surgical center under chapter 395. See Florida Statutes 408.07
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.
Anatomical board: means the anatomical board of the state headquartered at the University of Florida Health Science Center. See Florida Statutes 406.49
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.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicant: means an individual, corporation, partnership, firm, association, or governmental entity that submits an application for a license to the agency. See Florida Statutes 408.803
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Arrest: Taking physical custody of a person by lawful authority.
Assessment for determining eligibility and vocational rehabilitation needs: means a review of existing data to determine whether an individual is eligible for vocational rehabilitation services and to assign the priority, and, to the extent additional data is necessary to make such determination and assignment, a preliminary assessment of such data, including the provision of goods and services during such assessment. See Florida Statutes 413.20
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Assistance services: means those assessments, individualized therapies, and other medical, educational, and social services designed to enhance the environment for the high-risk or handicapped preschool child, in order to achieve optimum growth and development. See Florida Statutes 411.202
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
ATV: means any motorized off-highway or all-terrain vehicle 55 inches or less in width which has a dry weight of 1,500 pounds or less, is designed to travel on three or more nonhighway tires, and is manufactured for recreational use by one or more persons. See Florida Statutes 317.0003
Authorized representative: means an individual who has the legal authority to make decisions on behalf of a Medicaid recipient or potential Medicaid recipient in matters related to the managed care plan or the screening or eligibility process. See Florida Statutes 409.962
Autonomous vehicle: means any vehicle equipped with an automated driving system. See Florida Statutes 316.003
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.
Bank of belowground crypts: means any construction unit of belowground crypts that is acceptable to the department and that a cemetery uses to initiate its belowground crypt program or to add to existing belowground crypt structures. See Florida Statutes 497.005
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Barge: means a vessel that does not have living quarters, is not propelled by its own power, and is designed to be pushed or pulled by another vessel. See Florida Statutes 327.02
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Belowground crypts: consist of interment space in preplaced chambers, either side by side or multiple depth, covered by earth and sod and known also as "lawn crypts" "westminsters" or "turf-top crypts. See Florida Statutes 497.005
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}
Beneficiary: means a natural person expressly identified in a preneed contract as the person for whom funeral merchandise or services are intended. See Florida Statutes 497.005
Bequest: Property gifted by will.
Biological waste: means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. See Florida Statutes 403.703
Biomedical waste: means any solid waste or liquid waste that may present a threat of infection to humans. See Florida Statutes 403.703
Birth center: means an organization licensed under…. See Florida Statutes 408.07
Board: means the Board of Funeral, Cemetery, and Consumer Services. See Florida Statutes 497.005
Boating accident: means a collision, accident, or casualty involving a vessel in or upon, or entering into or exiting from, the water, including capsizing, collision with another vessel or object, sinking, personal injury, death, disappearance of a person from on board under circumstances that indicate the possibility of death or injury, or property damage to any vessel or dock. See Florida Statutes 327.02
Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
Burial right: means the right to use a grave space, mausoleum, columbarium, ossuary, or scattering garden for the interment, entombment, inurnment, or other disposition of human remains or cremated remains. See Florida Statutes 497.005
Byproduct material: means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. See Florida Statutes 404.031
Cancellation: means the act of declaring a driver license void and terminated but does not include a downgrade. See Florida Statutes 322.01
Canoe: means a light, narrow vessel with curved sides and with both ends pointed. See Florida Statutes 327.02
Cardiac catheterization laboratory: means a freestanding facility that employs or contracts with licensed health care professionals to provide diagnostic or therapeutic services for cardiac conditions such as cardiac catheterization or balloon angioplasty. See Florida Statutes 408.07
Care: means services of any kind which are designed to facilitate a child remaining safely in his or her own home, returning safely to his or her own home if he or she is removed from the home, or obtaining an alternative permanent home if he or she cannot remain at home or be returned home. See Florida Statutes 409.986
Care and maintenance: means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments in a well-cared-for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community. See Florida Statutes 497.005
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Case management: means those activities aimed at assessing the needs of the high-risk child and his or her family; planning and linking the service system to the child and his or her family, based on child and family outcome objectives; coordinating and monitoring service delivery; and evaluating the effect of the service delivery system. See Florida Statutes 411.202
Casket: means a rigid container that is designed for the encasement of human remains and that is usually constructed of wood or metal, ornamented, and lined with fabric. See Florida Statutes 497.005
Cemetery: means a place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains. See Florida Statutes 497.005
Cemetery company: means any legal entity that owns or controls cemetery lands or property. See Florida Statutes 497.005
Center for independent living: means a consumer-controlled, community-based, cross-disability, nonresidential, private, nonprofit organization designed and operated within a local community by persons who have disabilities to provide an array of independent living services. See Florida Statutes 413.20
Centralized embalming facility: means a facility in which embalming takes place that operates independently of a funeral establishment licensee and that offers embalming services to funeral directors for a fee. See Florida Statutes 497.005
Certificate of title: means the record that is evidence of ownership of a vehicle, whether a paper certificate authorized by the department or a certificate consisting of information that is stored in an electronic form in the department's database. See Florida Statutes 319.001
Certification: means certification as a Medicare or Medicaid provider of the services that require licensure, or certification pursuant to the federal Clinical Laboratory Improvement Amendment (CLIA). See Florida Statutes 408.803
Chambers: A judge's office.
Change of ownership: means :
(a) An event in which the licensee sells or otherwise transfers its ownership to a different individual or entity as evidenced by a change in federal employer identification number or taxpayer identification number; or
(b) An event in which 51 percent or more of the ownership, shares, membership, or controlling interest of a licensee is in any manner transferred or otherwise assigned. See Florida Statutes 408.803
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.
Child care: means the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care. See Florida Statutes 402.302
Child care facility: includes any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. See Florida Statutes 402.302
Child care personnel: means all owners, operators, employees, and volunteers working in a child care facility. See Florida Statutes 402.302
Child welfare provider: means a licensed child-caring or child-placing agency. See Florida Statutes 402.302
Cinerator: means a facility where dead human bodies are subjected to cremation. See Florida Statutes 497.005
Clean debris: means any solid waste that is virtually inert, that is not a pollution threat to groundwater or surface waters, that is not a fire hazard, and that is likely to retain its physical and chemical structure under expected conditions of disposal or use. See Florida Statutes 403.703
Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
Client: means any person receiving services from a provider listed in…. See Florida Statutes 408.803
Closure: means the cessation of operation of a solid waste management facility and the act of securing such facility so that it will pose no significant threat to human health or the environment and includes long-term monitoring and maintenance of a facility if required by department rule. See Florida Statutes 403.703
Columbarium: means a structure or building that is substantially exposed above the ground and that is intended to be used for the inurnment of cremated remains. See Florida Statutes 497.005
Commercial driver license: means a Class A, Class B, or Class C driver license issued in accordance with the requirements of this chapter. See Florida Statutes 322.01
Commercial fishing vessel: means a vessel primarily engaged in the taking or landing of saltwater fish or saltwater products or freshwater fish or freshwater products, or a vessel licensed pursuant to…. See Florida Statutes 327.02
Commercial low-level radioactive waste management facility: means a parcel of land, together with the structures, equipment, and improvements thereon or appurtenant thereto, which is used or is being developed by a person for the treatment, storage, or disposal of low-level radioactive waste other than that person's own generated waste. See Florida Statutes 404.031
Commercial low-level radioactive waste management license: means a specific license issued, after application, to a person to construct, operate, or provide for the closure and stabilization of a treatment, storage, or disposal facility in order to treat, store, or dispose of low-level radioactive waste other than that person's own generated waste. See Florida Statutes 404.031
Commercial motor vehicle: means any motor vehicle or motor vehicle combination used on the streets or highways, which:
(a) Has a gross vehicle weight rating of 26,001 pounds or more;
(b) Is designed to transport more than 15 persons, including the driver; or
(c) Is transporting hazardous materials and is required to be placarded in accordance with Florida Statutes 322.01
Commercial parasailing: means providing or offering to provide, for consideration, any activity involving the towing of a person by a motorboat if:
(a) One or more persons are tethered to the towing vessel;
(b) The person or persons ascend above the water; and
(c) The person or persons remain suspended under a canopy, chute, or parasail above the water while the vessel is underway. See Florida Statutes 327.02
Commercial sexual exploitation: means the use of any person under the age of 18 years for sexual purposes in exchange for money, goods, or services or the promise of money, goods, or services. See Florida Statutes 409.016
Commission: means the Fish and Wildlife Conservation Commission. See Florida Statutes 327.02
Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
Common business enterprise: means a group of two or more business entities that share common ownership in excess of 50 percent. See Florida Statutes 497.005
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Community rehabilitation program: means a program that provides directly or facilitates the provision of one or more services to persons who have disabilities to enable them to maximize their opportunities for employment, including career advancement. See Florida Statutes 413.20
Community-based local contractor: means any unit of county or local government, any for-profit or not-for-profit organization, or a school district. See Florida Statutes 411.202
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Comprehensive long-term care plan: means a managed care plan, including a Medicare Advantage Special Needs Plan organized as a preferred provider organization, provider-sponsored organization, health maintenance organization, or coordinated care plan, that provides services described in…. See Florida Statutes 409.962
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Construction and demolition debris: means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. See Florida Statutes 403.703
Consumer: means any person other than a person who administers health activities, is a member of the governing body of a health care facility, provides health services, has a fiduciary interest in a health facility or other health agency or its affiliated entities, or has a material financial interest in the rendering of health services. See Florida Statutes 408.07
Continuance: Putting off of a hearing ot trial until a later time.
Continuing care facility: means a facility licensed under chapter 651. See Florida Statutes 408.07
Contract: A legal written agreement that becomes binding when signed.
Control: means the power to direct the management and policies of a person, whether through ownership of voting securities or otherwise. See Florida Statutes 324.021
Control: means the possession, directly or indirectly, through the ownership of voting shares, by contract, arrangement, understanding, relationship, or otherwise, of the power to direct or cause the direction of the management and policies of a person or entity. See Florida Statutes 497.005
Controlled substance: means any substance classified as such under Florida Statutes 322.01
Controlling interest: means :
(a) The applicant or licensee;
(b) A person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the applicant or licensee; or
(c) A person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the management company or other entity, related or unrelated, with which the applicant or licensee contracts to manage the provider. See Florida Statutes 408.803
Convenience service: means any means whereby an individual conducts a transaction with the department other than in person. See Florida Statutes 322.01
Conviction: A judgement of guilt against a criminal defendant.
Conviction: means a conviction of an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, including an admission or determination of a noncriminal traffic infraction pursuant to…. See Florida Statutes 322.01
corporate sponsorship: means a payment, donation, gratuity, in-kind service, or other benefit provided to or derived by a person in relation to the underlying activity, other than the display of product or corporate names, logos, or other graphic information on the property being transported. See Florida Statutes 322.01
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.
Counterclaim: A claim that a defendant makes against a plaintiff.
Court: means any tribunal in this state or any other state, or any federal tribunal, which has jurisdiction over any civil, criminal, traffic, or administrative action. See Florida Statutes 322.01
Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Cremated remains: means all the remains of the human body recovered after the completion of the cremation process, including processing or pulverization that leaves only bone fragments reduced to unidentifiable dimensions and may include the residue of any foreign matter, including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Florida Statutes 497.005
Cremation: means any mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments. See Florida Statutes 497.005
Cremation chamber: means the enclosed space within which the cremation process takes place. See Florida Statutes 497.005
Cremation container: means the casket or alternative container in which the human remains are transported to and placed in the cremation chamber for a cremation. See Florida Statutes 497.005
Cremation interment container: means a rigid outer container that, subject to a cemetery's rules and regulations, is composed of concrete, steel, fiberglass, or some similar material in which an urn is placed prior to being interred in the ground and that is designed to support the earth above the urn. See Florida Statutes 497.005
Critical access hospital: means a hospital that meets the definition of "critical access hospital" in…. See Florida Statutes 408.07
Cross-subsidization: means that the revenues from one type of hospital service are sufficiently higher than the costs of providing such service as to offset some of the costs of providing another type of service in the hospital. See Florida Statutes 408.07
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
dead human bodies: means the body of a deceased human person for which a death certificate or fetal death certificate is required under chapter 382 and includes the body in any stage of decomposition. See Florida Statutes 497.005
Dealer: means any person authorized by the Department of Revenue to buy, sell, resell, or otherwise distribute off-highway vehicles. See Florida Statutes 317.0003
Dealer: means a person authorized by the Department of Revenue to buy, sell, resell, or otherwise distribute vessels. See Florida Statutes 327.02
Decedent: A deceased person.
deductions from revenue: means reductions from gross revenue resulting from inability to collect payment of charges. See Florida Statutes 408.07
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Defense attorney: Represent defendants in criminal matters.
Department: means the Department of Highway Safety and Motor Vehicles. See Florida Statutes 317.0003
Department: means Department of Highway Safety and Motor Vehicles, defined in…. See Florida Statutes 318.13
Department: means the Department of Highway Safety and Motor Vehicles. See Florida Statutes 319.001
Department: means the Department of Highway Safety and Motor Vehicles acting directly or through its duly authorized representatives. See Florida Statutes 322.01
Department: means the Department of Transportation as created under…. See Florida Statutes 333.01
Department: means the Department of Children and Families. See Florida Statutes 402.302
Department: means the Department of Health. See Florida Statutes 404.031
Department: means the Department of Environmental Protection. See Florida Statutes 403.281
Department: means the Department of Financial Services. See Florida Statutes 497.005
Department: means the Department of Environmental Protection or any successor agency performing a like function. See Florida Statutes 403.703
Department: means the Department of Children and Families. See Florida Statutes 409.962
Department: means the Department of Education. See Florida Statutes 413.20
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Developmental assistance: means individualized therapies and services needed to enhance both the high-risk child's growth and development and family functioning. See Florida Statutes 411.202
Devise: To gift property by will.
Diagnostic-imaging center: means a freestanding outpatient facility that provides specialized services for the diagnosis of a disease by examination and also provides radiological services. See Florida Statutes 408.07
Direct disposal establishment: means a facility licensed under this chapter where a direct disposer practices direct disposition. See Florida Statutes 497.005
Direct disposer: means any person licensed under this chapter to practice direct disposition in this state. See Florida Statutes 497.005
Direct supervision: means supervision by a licensed:
(a) Funeral director who provides initial direction and periodic inspection of the arrangements and who is physically present or on the premises of the funeral establishment at all times when the tasks, functions, and duties relating to funeral directing are performed; or
(b) Embalmer who provides initial direction and instruction regarding the preservation of a dead human body in its entirety or in part and who is physically present or on the premises of the funeral establishment or embalming facility at all times when the tasks, functions, and duties relating to embalming are performed. See Florida Statutes 497.005
Director: means the director of the Division of Funeral, Cemetery, and Consumer Services. See Florida Statutes 497.005
Disability: means a physical or mental impairment that constitutes or results in a substantial impediment to employment. See Florida Statutes 413.20
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Disinterment: means removal of a dead human body from earth interment or aboveground interment. See Florida Statutes 497.005
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or upon any land or water so that such solid waste or hazardous waste or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including groundwaters, or otherwise enter the environment. See Florida Statutes 403.703
Disqualification: means a prohibition, other than an out-of-service order, that precludes a person from driving a commercial motor vehicle. See Florida Statutes 322.01
Division: means the Division of Law Enforcement of the Fish and Wildlife Conservation Commission. See Florida Statutes 327.02
Division: means the Division of Funeral, Cemetery, and Consumer Services within the Department of Financial Services. See Florida Statutes 497.005
Division: means the Division of Vocational Rehabilitation of the Department of Education. See Florida Statutes 413.20
Docket: A log containing brief entries of court proceedings.
Donor: The person who makes a gift.
Drive: means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. See Florida Statutes 322.01
Driver license: means a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator's license as defined in Florida Statutes 322.01
Early assistance: means any sustained and systematic effort designed to prevent or reduce the assessed level of health, educational, biological, environmental, or social risk for a high-risk child and his or her family. See Florida Statutes 411.202
Educational facility: means any structure, land, or use that includes a public or private kindergarten through 12th grade school, charter school, magnet school, college campus, or university campus. See Florida Statutes 333.01
Effective means of propulsion for safe navigation: means a vessel, other than a barge, that is equipped with:
(a) A functioning motor, controls, and steering system; or
(b) Rigging and sails that are present and in good working order, and a functioning steering system. See Florida Statutes 327.02
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Eligible plan: means a health insurer authorized under chapter 624, an exclusive provider organization authorized under chapter 627, a health maintenance organization authorized under chapter 641, or a provider service network authorized under…. See Florida Statutes 409.962
Embalmer: means any person licensed under this chapter to practice embalming in this state. See Florida Statutes 497.005
Emergency: means any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency, and further means any condition existing within or outside the jurisdictional confines of a facility licensed by the department and arising from byproduct material, source material, special nuclear materials, or other radioactive materials, which is endangering, or could reasonably be expected to endanger, the health and safety of the public or to contaminate the environment. See Florida Statutes 404.031
Employment outcome: means , with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market to the greatest extent practicable, supported employment, or any other type of employment, including self-employment, telework, or business ownership, that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. See Florida Statutes 413.20
Endorsement: means a special authorization which permits a driver to drive certain types of vehicles or to transport certain types of property or a certain number of passengers. See Florida Statutes 322.01
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.
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.
evidence-based program: means a program that satisfies the requirements of at least two of the following:
a. See Florida Statutes 316.193
Ex officio: Literally, by virtue of one's office.
Executive session: A portion of the Senate's daily session in which it considers executive business.
Extended services: means one or more ongoing support services and other appropriate services needed to support and maintain a person who has a most significant disability in supported employment and to assist an eligible person in maintaining integrated and competitive employment. See Florida Statutes 413.20
Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Fair market value: means the fair market value of assets held by a trust as of a specific date, assuming all assets of the trust are sold on that specific date. See Florida Statutes 497.005
Family day care home: means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. See Florida Statutes 402.302
Farm tractor: means a motor vehicle that is:
(a) Operated principally on a farm, grove, or orchard in agricultural or horticultural pursuits and that is operated on the roads of this state only incidentally for transportation between the owner's or operator's headquarters and the farm, grove, or orchard or between one farm, grove, or orchard and another; or
(b) Designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. See Florida Statutes 322.01
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Felony: means any offense under state or federal law that is punishable by death or by a term of imprisonment exceeding 1 year. See Florida Statutes 322.01
Fiduciary: A trustee, executor, or administrator.
Final disposition: means the final disposal of a dead human body by earth interment, aboveground interment, cremation, burial at sea, anatomical donation, or delivery to a medical institution for lawful dissection if the medical institution or entity receiving the anatomical donation assumes responsibility for disposition after use pursuant to…. See Florida Statutes 497.005
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.
Floating structure: means a floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement to real property. See Florida Statutes 327.02
Florida Intracoastal Waterway: means the Atlantic Intracoastal Waterway, the Georgia state line north of Fernandina to Miami; the Port Canaveral lock and canal to the Atlantic Intracoastal Waterway; the Atlantic Intracoastal Waterway, Miami to Key West; the Okeechobee Waterway, Stuart to Fort Myers; the St. See Florida Statutes 327.02
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}
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.
Freestanding: means that a health facility bills and receives revenue which is not directly subject to the hospital assessment for the Public Medical Assistance Trust Fund as described in…. See Florida Statutes 408.07
Freestanding radiation therapy center: means a facility where treatment is provided through the use of radiation therapy machines that are registered under…. See Florida Statutes 408.07
Front-end assembly: means fenders, hood, grill, and bumper. See Florida Statutes 319.001
Fully autonomous vehicle: means a vehicle equipped with an automated driving system designed to function without a human operator. See Florida Statutes 316.003
Funeral director: means any person licensed under this chapter to practice funeral directing in this state. See Florida Statutes 497.005
Funeral establishment: means a facility licensed under this chapter where a funeral director or embalmer practices funeral directing or embalming. See Florida Statutes 497.005
funeral service: means the observances, services, or ceremonies held to commemorate the life of a specific deceased human being and at which the human remains are present. See Florida Statutes 497.005
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Gasification: means a process through which post-use polymers are heated and converted to synthesis gas in an oxygen-deficient atmosphere, and then converted to crude oil, fuels, or chemical feedstocks. See Florida Statutes 403.703
General supervision: means supervision by a licensed:
(a) Funeral director who is reasonably available and in a position to provide direction and guidance by being physically present, being on the premises of the funeral establishment, or being in proximity to the funeral establishment and available telephonically or by electronic communication at all times when the tasks, functions, and duties relating to funeral directing are performed; or
(b) Embalmer who is reasonably available and in a position to provide direction and guidance by being physically present, being on the premises of the funeral establishment or embalming facility, or being in proximity to the funeral establishment or embalming facility and available telephonically or by electronic communication at all times when the tasks, functions, and duties relating to embalming are performed. See Florida Statutes 497.005
Generation: means the act or process of producing solid or hazardous waste. See Florida Statutes 403.703
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
Grantor: The person who establishes a trust and places property into it.
Grave space: means a space of ground in a cemetery intended to be used for the interment in the ground of human remains. See Florida Statutes 497.005
Gross revenue: means the sum of daily hospital service charges, ambulatory service charges, ancillary service charges, and other operating revenue. See Florida Statutes 408.07
Gross vehicle weight rating: means the value specified by the manufacturer as the maximum loaded weight of a single, combination, or articulated vehicle. See Florida Statutes 322.01
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
Guarantor: means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this part. See Florida Statutes 403.703
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.
Handicapped child: means a preschool child who is developmentally disabled, mentally handicapped, speech impaired, language impaired, deaf or hard of hearing, blind or partially sighted, physically handicapped, health impaired, or emotionally handicapped; a preschool child who has a specific learning disability; or any other child who has been classified under rules of the State Board of Education as eligible for preschool special education services, with the exception of those who are classified solely as gifted. See Florida Statutes 411.202
Hazardous materials: means any material that has been designated as hazardous under Florida Statutes 322.01
Hazardous substance: means any substance that is defined as a hazardous substance in the United States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 94 Stat. See Florida Statutes 403.703
Hazardous waste: means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. See Florida Statutes 403.703
Hazardous waste facility: means any building, site, structure, or equipment at or by which hazardous waste is disposed of, stored, or treated. See Florida Statutes 403.703
Hazardous waste management: means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, recycling, and disposal of hazardous waste. See Florida Statutes 403.703
Health care facility: means an ambulatory surgical center, a hospice, a nursing home, a hospital, a diagnostic-imaging center, a freestanding or hospital-based therapy center, a clinical laboratory, a home health agency, a cardiac catheterization laboratory, a medical equipment supplier, an alcohol or chemical dependency treatment center, a physical rehabilitation center, a lithotripsy center, an ambulatory care center, a birth center, or a nursing home component licensed under chapter 400 within a continuing care facility licensed under chapter 651. See Florida Statutes 408.07
Health care provider: means a health care professional licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 463, chapter 464, chapter 465, chapter 466, part I, part III, part IV, part V, or part X of chapter 468, chapter 483, chapter 484, chapter 486, chapter 490, or chapter 491. See Florida Statutes 408.07
Health insurer: means any insurance company authorized to transact health insurance in the state, any insurance company authorized to transact health insurance or casualty insurance in the state that is offering a minimum premium plan or stop-loss coverage for any person or entity providing health care benefits, any self-insurance plan as defined in…. See Florida Statutes 408.07
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.
Home health agency: means an organization licensed under part III of chapter 400. See Florida Statutes 408.07
Homemade vessel: means a vessel built after October 31, 1972, for which a federal hull identification number is not required to be assigned by the manufacturer pursuant to federal law, or a vessel constructed or assembled before November 1, 1972, by an entity other than a licensed manufacturer for its own use or the use of a specific person. See Florida Statutes 327.02
Hospice: means an organization licensed under part IV of chapter 400. See Florida Statutes 408.07
Hospital: means a health care institution licensed by the Agency for Health Care Administration as a hospital under chapter 395. See Florida Statutes 408.07
Houseboat: means a vessel that is used primarily as a residence for at least 21 days during any 30-day period in a county of this state if such residential use of the vessel is to the preclusion of its use as a means of transportation. See Florida Statutes 327.02
Human-powered vessel: means a vessel powered only by its occupant or occupants, including, but not limited to, a vessel powered only by the occupants' hands or feet, oars, or paddles. See Florida Statutes 327.02
Identification card: means a personal identification card issued by the department which conforms to the definition in Florida Statutes 322.01
immobilization agencies: means any person, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity of any kind whatsoever that meets all of the conditions of subsection (13). See Florida Statutes 316.193
immobilize: means the act of installing a vehicle antitheft device on the steering wheel of a vehicle, the act of placing a tire lock or wheel clamp on a vehicle, or a governmental agency's act of taking physical possession of the license tag and vehicle registration rendering a vehicle legally inoperable to prevent any person from operating the vehicle pursuant to an order of impoundment or immobilization under subsection (6). See Florida Statutes 316.193
impound: means the act of storing a vehicle at a storage facility pursuant to an order of impoundment or immobilization under subsection (6) where the person impounding the vehicle exercises control, supervision, and responsibility over the vehicle. See Florida Statutes 316.193
Income: means earnings on trust assets, including interest, dividends, and other income earned on the principal. See Florida Statutes 497.005
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}
Independent living core services: means informational and referral services; independent living skills training; peer counseling, including cross-disability peer counseling; and individual and systems advocacy. See Florida Statutes 413.20
Independent living services: means any appropriate rehabilitation service that will enhance the ability of a person who has a significant disability to live independently, to function within her or his family and community and, if appropriate, to secure and maintain employment. See Florida Statutes 413.20
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.
Indigent person: means a person whose family income does not exceed 100 percent of the current federal poverty guidelines prescribed for the family's household size by the United States Department of Health and Human Services. See Florida Statutes 406.49
individual: includes both natural persons and legal entities. See Florida Statutes 497.005
Individual and family service plan: means a written individualized plan describing the developmental status of the high-risk child and the therapies and services needed to enhance both the high-risk child's growth and development and family functioning, and shall include the contents of the written individualized family service plan as defined in part H of Pub. See Florida Statutes 411.202
Infraction: means a noncriminal violation that may require community service hours under…. See Florida Statutes 318.13
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Inter vivos: Transfer of property from one living person to another living person.
Interdisciplinary team: means a team that may include the physician, psychologist, educator, social worker, nursing staff, physical or occupational therapist, speech pathologist, parents, developmental intervention and parent support and training program director, case manager for the child and family, and others who are involved with the individual and family service plan. See Florida Statutes 411.202
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
Intestate: Dying without leaving a will.
Ionizing radiation: means gamma rays and X rays, alpha and beta particles, high-speed electrons, protons, neutrons, and other nuclear particles, but not sound or radio waves or infrared, ultraviolet, or visible light. See Florida Statutes 404.031
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
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.
kitesurfing: means an activity in which a kiteboard or surfboard is tethered to a kite so as to harness the power of the wind and propel the board across a body of water. See Florida Statutes 327.02
Land disposal: means any placement of hazardous waste in or on the land and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt bed formation, salt dome formation, or underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes. See Florida Statutes 403.703
Landfill: means any solid waste land disposal area for which a permit, other than a general permit, is required by…. See Florida Statutes 403.703
Large family child care home: means an occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises during the hours of operation. See Florida Statutes 402.302
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.
lead agency: means a single entity with which the department has a contract for the provision of care for children in the child protection and child welfare system in a community that is no smaller than a county and no larger than two contiguous judicial circuits. See Florida Statutes 409.986
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}
Legally authorized person: means , in the priority listed:
1. See Florida Statutes 497.005
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).
Length: means the measurement from end to end over the deck parallel to the centerline, excluding sheer. See Florida Statutes 327.02
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: includes all authorizations required or issued under this chapter, except where expressly indicated otherwise, and shall be understood to include authorizations previously referred to as registrations or certificates of authority in chapters 470 and 497 as those chapters appeared in the 2004 edition of the Florida Statutes. See Florida Statutes 497.005
License: means any permit, registration, certificate, or license issued by the agency. See Florida Statutes 408.803
Licensee: means the person or entity holding any license or other authorization issued under this chapter, except where expressly indicated otherwise. See Florida Statutes 497.005
Licensee: means an individual, corporation, partnership, firm, association, governmental entity, or other entity that is issued a permit, registration, certificate, or license by the agency. See Florida Statutes 408.803
Lien: A claim against real or personal property in satisfaction of a debt.
Lien: means a security interest that is reserved or created by a written agreement recorded with the Department of Highway Safety and Motor Vehicles pursuant to…. See Florida Statutes 327.02
Lienholder: means a person holding a security interest in a vessel, which interest is recorded with the Department of Highway Safety and Motor Vehicles pursuant to…. See Florida Statutes 327.02
Lithotripsy center: means a freestanding facility that employs or contracts with licensed health care professionals to provide diagnosis or treatment services using electro-hydraulic shock waves. See Florida Statutes 408.07
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Live-aboard vessel: means :
(a) A vessel used solely as a residence and not for navigation;
(b) A vessel for which a declaration of domicile has been filed pursuant to…. See Florida Statutes 327.02
Livery vessel: means a vessel leased, rented, or chartered to another for consideration. See Florida Statutes 327.02
Local health council: means the agency defined in…. See Florida Statutes 408.07
Low-risk provider: means a nonresidential provider, including a nurse registry, a home medical equipment provider, or a health care clinic. See Florida Statutes 408.803
Managed care plan: means an eligible plan under contract with the agency to provide services in the Medicaid program. See Florida Statutes 409.962
Management functions: means :
(a) Planning, directing, organizing, coordinating, and carrying out oversight duties of the lead agency; or
(b) Contracting for officer or director level staffing in performance of the planning, directing, organizing, coordinating, and carrying out of oversight duties of the lead agency. See Florida Statutes 409.016
Manifest: means the recordkeeping system used for identifying the concentration, quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, storage, or treatment. See Florida Statutes 403.703
Marina: means a licensed commercial facility that provides secured public moorings or dry storage for vessels on a leased basis. See Florida Statutes 327.02
Marine sanitation device: means equipment, other than a toilet, for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage. See Florida Statutes 327.02
Marker: means a channel mark or other aid to navigation, an information or regulatory mark, an isolated danger mark, a safe water mark, a special mark, an inland waters obstruction mark, or mooring buoy in, on, or over the waters of the state or the shores thereof, and includes, but is not limited to, a sign, beacon, buoy, or light. See Florida Statutes 327.02
Market basket index: means the Florida hospital input price index (FHIPI), which is a statewide market basket index used to measure inflation in hospital input prices weighted for the Florida-specific experience which uses multistate regional and state-specific price measures, when available. See Florida Statutes 408.07
Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
Materials recovery facility: means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. See Florida Statutes 403.703
Mausoleum: means a structure or building that is substantially exposed above the ground and that is intended to be used for the entombment of human remains. See Florida Statutes 497.005
Mausoleum section: means any construction unit of a mausoleum that is acceptable to the department and that a cemetery uses to initiate its mausoleum program or to add to its existing mausoleum structures. See Florida Statutes 497.005
Medicaid: means the medical assistance program authorized by Title XIX of the Social Security Act, 42 U. See Florida Statutes 409.962
Medical equipment supplier: means an organization that provides medical equipment and supplies used by health care providers and health care facilities in the diagnosis or treatment of disease. See Florida Statutes 408.07
merchandise: means any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains, including, but not limited to, caskets, outer burial containers, alternative containers, cremation containers, cremation interment containers, urns, monuments, private mausoleums, flowers, benches, vases, acknowledgment cards, register books, memory folders, prayer cards, and clothing. See Florida Statutes 497.005
minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
Minority leader: See Floor Leaders
Monument: means any product used for identifying a grave site and cemetery memorials of all types, including monuments, markers, and vases. See Florida Statutes 497.005
Monument establishment: means a facility that operates independently of a cemetery or funeral establishment and that offers to sell monuments or monument services to the public for placement in a cemetery. See Florida Statutes 497.005
Moored ballooning: means the operation of a moored balloon pursuant to Florida Statutes 327.02
Moratorium: means a prohibition on the acceptance of new clients. See Florida Statutes 408.803
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.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Motor vehicle: means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and electric bicycles as defined in…. See Florida Statutes 322.01
Motor vehicle combination: means a motor vehicle operated in conjunction with one or more other vehicles. See Florida Statutes 322.01
Motorboat: means a vessel equipped with machinery for propulsion, irrespective of whether the propulsion machinery is in actual operation. See Florida Statutes 327.02
Motorcycle: means a motor vehicle powered by a motor with a displacement of more than 50 cubic centimeters, having a seat or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, tri-vehicle, or moped. See Florida Statutes 322.01
Muffler: means an automotive-style sound-suppression device or system designed to effectively abate the sound of exhaust gases emitted from an internal combustion engine and prevent excessive sound when installed on such an engine. See Florida Statutes 327.02
Narcotic drugs: means coca leaves, opium, isonipecaine, cannabis, and every substance neither chemically nor physically distinguishable from them, and any and all derivatives of same, and any other drug to which the narcotics laws of the United States apply, and includes all drugs and derivatives thereof known as barbiturates. See Florida Statutes 322.01
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
natural barrier: when used with reference to the possession of real estate includes any cliff, river, sea, gulf, lake, slough, marsh, swamp, bay, lagoon, creek, saw grass area, or the like. See Florida Statutes 1.01
Navigation rules: means , for vessels on:
(a) Waters outside established navigational lines of demarcation as specified in Florida Statutes 327.02
Net income: means , in relation to a trust, ordinary income minus any income distributions for items such as trust expenses. See Florida Statutes 497.005
Net worth: means total assets minus total liabilities pursuant to generally accepted accounting principles. See Florida Statutes 497.005
New hospital: means a hospital in its initial year of operation as a licensed hospital and does not include any facility which has been in existence as a licensed hospital, regardless of changes in ownership, for over 1 calendar year. See Florida Statutes 408.07
New mobile home: means a mobile home the equitable or legal title to which has never been transferred by a manufacturer, distributor, importer, or dealer to an ultimate purchaser. See Florida Statutes 319.001
New motor vehicle: means a motor vehicle the equitable or legal title to which has never been transferred by a manufacturer, distributor, importer, or dealer to an ultimate purchaser; however, when legal title is not transferred but possession of a motor vehicle is transferred pursuant to a conditional sales contract or lease and the conditions are not satisfied and the vehicle is returned to the motor vehicle dealer, the motor vehicle may be resold by the motor vehicle dealer as a new motor vehicle, provided the selling motor vehicle dealer gives the following written notice to the purchaser: "THIS VEHICLE WAS DELIVERED TO A PREVIOUS PURCHASER. See Florida Statutes 319.001
Niche: means a compartment or cubicle for the memorialization or permanent placement of a container or urn containing cremated remains. See Florida Statutes 497.005
nighttime: means at any other hour. See Florida Statutes 316.003
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.
Nonresident: means a citizen of the United States who has not established residence in this state and has not continuously resided in this state for 1 year and in one county for the 6 months immediately preceding the initiation of a vessel titling or registration action. See Florida Statutes 327.02
Nontransplant anatomical donation organization: means a tissue bank or other organization that facilitates nontransplant anatomical donation, including referral, obtaining informed consent or authorization, acquisition, traceability, transport, assessing donor acceptability, preparation, packaging, labeling, storage, release, evaluating intended use, distribution, and final disposition of nontransplant anatomical donations. See Florida Statutes 406.49
Nursing home: means a facility licensed under…. See Florida Statutes 408.07
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.
Obstruction: means any existing or proposed object, terrain, or structure construction or alteration that exceeds the federal obstruction standards contained in Florida Statutes 333.01
Off-highway vehicle: means any ATV, two-rider ATV, ROV, or OHM that is used off the roads or highways of this state and that is not registered and licensed for highway use pursuant to chapter 320. See Florida Statutes 317.0003
Office of Economic and Demographic Research: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
Office of Program Policy Analysis and Government Accountability: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
Officer: includes any individual employed by a sheriff's department or the police department of a chartered municipality who is acting as a traffic infraction enforcement officer as provided in…. See Florida Statutes 318.13
Official: means any judge authorized by law to preside over a court or hearing adjudicating traffic infractions. See Florida Statutes 318.13
Ongoing support services: means services provided at a twice-monthly minimum to persons who have a most significant disability, to:
(a) Make an assessment regarding the employment situation at the worksite of each individual in supported employment or, under special circumstances at the request of the individual, offsite. See Florida Statutes 413.20
Operate: means to be in charge of, in command of, or in actual physical control of a vessel upon the waters of this state, to exercise control over or to have responsibility for a vessel's navigation or safety while the vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state. See Florida Statutes 327.02
Operating expenses: means total expenses excluding income taxes. See Florida Statutes 408.07
ordinary income: means , in relation to a trust, any earnings on trust assets, including interest and dividends received on property derived from the use of the trust principal, but does not include capital gains or capital losses. See Florida Statutes 497.005
Ossuary: means a receptacle used for the communal placement of cremated remains without benefit of an urn or any other container in which cremated remains may be commingled with other cremated remains and are nonrecoverable. See Florida Statutes 497.005
Other operating revenue: means all revenue generated from hospital operations other than revenue directly associated with patient care. See Florida Statutes 408.07
Out-of-service order: means a prohibition issued by an authorized local, state, or Federal Government official which precludes a person from driving a commercial motor vehicle. See Florida Statutes 322.01
Outer burial container: means an enclosure into which a casket is placed and includes, but is not limited to, vaults made of concrete, steel, fiberglass, or copper; sectional concrete enclosures; crypts; and wooden enclosures. See Florida Statutes 497.005
Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means a person, other than a lienholder, having the property in or title to an off-highway vehicle, including a person entitled to the use or possession of an off-highway vehicle subject to an interest held by another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security. See Florida Statutes 317.0003
Owner: means the person who holds the legal title to a vehicle. See Florida Statutes 322.01
Owner: means a person, other than a lienholder, having the property in or title to a vessel. See Florida Statutes 327.02
Parent support and training: means a range of services for families of high-risk or handicapped preschool children, including family counseling; financial planning; agency referral; development of parent-to-parent support groups; education relating to growth and development, developmental assistance, and objective measurable skills, including abuse avoidance skills; training of parents to advocate for their child; and bereavement counseling. See Florida Statutes 411.202
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.
Passenger vehicle: means a motor vehicle designed to transport more than 15 persons, including the driver, or a school bus designed to transport more than 15 persons, including the driver. See Florida Statutes 322.01
Permit: means a document authorizing the temporary operation of a motor vehicle within this state subject to conditions established in this chapter. See Florida Statutes 322.01
Person: means any individual, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity of any kind whatsoever. See Florida Statutes 316.193
Person: means an individual, partnership, firm, corporation, association, or other entity. See Florida Statutes 327.02
Person: means any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. See Florida Statutes 333.01
Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, or any successor thereto, and other than Federal Government agencies licensed by the United States Nuclear Regulatory Commission, or any successors thereto. See Florida Statutes 404.031
Person: includes any public or private corporation. See Florida Statutes 403.281
Person: when used without qualification such as "natural" or "individual" includes both natural persons and legal entities. See Florida Statutes 497.005
Person: means any and all persons, natural or artificial, including any individual, firm, or association; any municipal or private corporation organized or existing under the laws of this state or any other state; any county of this state; and any governmental agency of this state or the Federal Government. See Florida Statutes 403.703
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 has a disability: means an individual who has a physical or mental impairment that, for the individual, constitutes or results in a substantial impediment to employment and who can benefit in terms of an employment outcome from vocational rehabilitation services. See Florida Statutes 413.20
Person who has a most significant disability: means a person who has a significant disability who meets the designated administrative unit's criteria for a person who has a most significant disability. See Florida Statutes 413.20
Person who has a significant disability: means an individual who has a disability that is a severe physical or mental impairment that seriously limits one or more functional capacities, such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills, in terms of an employment outcome; whose vocational rehabilitation may be expected to require multiple vocational rehabilitation services over an extended period of time; and who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorder, neurological disorder, including stroke and epilepsy, paraplegia, quadriplegia, or other spinal cord condition, sickle-cell anemia, specific learning disability, end-stage renal disease, or another disability or a combination of disabilities that is determined, after an assessment for determining eligibility and vocational rehabilitation needs, to cause comparable substantial functional limitation. See Florida Statutes 413.20
Personal assistance services: means a range of services, provided by one or more individuals, designed to assist a person who has a disability to perform daily living activities, on or off the job, that the person would typically perform if the person did not have a disability. See Florida Statutes 413.20
Personal property: All property that is not real property.
Personal residence: means any residential building in which one temporarily or permanently maintains her or his abode, including, but not limited to, an apartment or a hotel, motel, nursing home, convalescent home, home for the aged, or a public or private institution. See Florida Statutes 497.005
Personal watercraft: means a vessel less than 16 feet in length which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. See Florida Statutes 327.02
Physical and mental restoration: means any medical, surgical, or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that is stable or slowly progressive and constitutes an impediment to employment, but is of such nature that the treatment can reasonably be expected to correct or modify such impediment to employment within a reasonable length of time, including, but not limited to, medical, psychiatric, dental, and surgical treatment, nursing services, hospital care in connection with surgery or treatment, convalescent home care, drugs, medical and surgical supplies, and prosthetic and orthotic devices. See Florida Statutes 413.20
Physical rehabilitation center: means an organization that employs or contracts with health care professionals licensed under part I or part III of chapter 468 or chapter 486 to provide speech, occupational, or physical therapy services on an outpatient or ambulatory basis. See Florida Statutes 408.07
Plaintiff: The person who files the complaint in a civil lawsuit.
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.
Political subdivision: means the local government of any county, municipality, town, village, or other subdivision or agency thereof, or any district or special district, port commission, port authority, or other such agency authorized to establish or operate airports in the state. See Florida Statutes 333.01
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
Post-use polymer: means a plastic polymer that is derived from any domestic, commercial, or municipal activity and which might otherwise become waste if not converted to manufacture crude oil, fuels, or other raw materials or intermediate or final products using gasification or pyrolysis. See Florida Statutes 403.703
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}
Practice of direct disposition: means the cremation of human remains without preparation of the human remains by embalming and without any attendant services or rites such as funeral or graveside services or the making of arrangements for such final disposition. See Florida Statutes 497.005
Practice of embalming: means disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing certain body fluids with preserving and disinfecting chemicals. See Florida Statutes 497.005
Practice of funeral directing: means the performance by a licensed funeral director of any of those functions authorized by…. See Florida Statutes 497.005
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.
Preemployment transition services: means the services of job exploration counseling, work-based learning experiences, counseling on comprehensive transition or postsecondary education programs, workplace readiness training, and instruction in self-advocacy as required by the Workforce Innovation and Opportunity Act of 2014, which may be provided to students with disabilities who are eligible or potentially eligible for vocational rehabilitation services. See Florida Statutes 413.20
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Prenatal: means the time period from pregnancy to delivery. See Florida Statutes 411.202
Preneed: means any arrangement or method, of which the provider of funeral merchandise or services has actual knowledge, whereby any person agrees to furnish funeral merchandise or service in the future. See Florida Statutes 497.005
Preneed contract: means any arrangement or method for which the provider of funeral merchandise or services receives any payment in advance for funeral or burial merchandise and services after the death of the contract beneficiary. See Florida Statutes 497.005
Preneed sales agent: means any person who is licensed under this chapter to sell preneed burial or funeral service and merchandise contracts or direct disposition contracts in this state. See Florida Statutes 497.005
Prepaid plan: means a managed care plan that is licensed or certified as a risk-bearing entity, or qualified pursuant to…. See Florida Statutes 409.962
Preschool child: means a child from birth to 5 years of age, including a child who attains 5 years of age before September 1. See Florida Statutes 411.202
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 any program, service, or sustained activity designed to eliminate or reduce high-risk conditions in pregnant women, to eliminate or ameliorate handicapping or high-risk conditions in infants, toddlers, or preschool children, or to reduce sexual activity or the risk of unwanted pregnancy in teenagers. See Florida Statutes 411.202
Preventive health care: means periodic physical examinations, immunizations, and assessments for hearing, vision, nutritional deficiencies, development of language, physical growth, small and large muscle skills, and emotional behavior, as well as age-appropriate laboratory tests. See Florida Statutes 411.202
Principal: means and includes the sole proprietor of a sole proprietorship; all partners of a partnership; all members of a limited liability company; regarding a corporation, all directors and officers, and all stockholders controlling more than 10 percent of the voting stock; and all other persons who can exercise control over the person or entity. See Florida Statutes 497.005
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Processing: means the reduction of identifiable bone fragments after the completion of the cremation process to unidentifiable bone fragments by manual means. See Florida Statutes 497.005
Processing: means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport; amenable to recovery, storage, or recycling; safe for disposal; or reduced in volume or concentration. See Florida Statutes 403.703
Prohibited activity: means activity that will impede or disturb navigation or creates a safety hazard on waterways of this state. See Florida Statutes 327.02
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Prospective payment arrangement: means a financial agreement negotiated between a hospital and an insurer, health maintenance organization, preferred provider organization, or other third-party payor which contains, at a minimum, the elements provided for in…. See Florida Statutes 408.07
Provider: means any activity, service, agency, or facility regulated by the agency and listed in…. See Florida Statutes 408.803
Provider service network: means an entity qualified pursuant to…. See Florida Statutes 409.962
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public lands: means lands within the state that are available for public use and that are owned, operated, or managed by a federal, state, county, or municipal governmental entity. See Florida Statutes 317.0003
Public-use airport: means an airport, publicly or privately owned, licensed by the state, which is open for use by the public. See Florida Statutes 333.01
Pulverization: means the reduction of identifiable bone fragments after the completion of the cremation and processing to granulated particles by manual or mechanical means. See Florida Statutes 497.005
Purchaser: means a person who executes a preneed or an at-need contract with a licensee for merchandise or services. See Florida Statutes 497.005
Pyrolysis: means a process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed, and then cooled, condensed, and converted to any of the following:
(a) Crude oil, diesel, gasoline, home heating oil, or another fuel. See Florida Statutes 403.703
Pyrolysis facility: means a facility that receives, separates, stores, and converts post-use polymers, using gasification or pyrolysis. See Florida Statutes 403.703
qualified sobriety and drug monitoring program: means an evidence-based program, approved by the department, in which participants are regularly tested for alcohol and drug use. See Florida Statutes 316.193
Quorum: The number of legislators that must be present to do business.
Radiation: means ionizing radiation. See Florida Statutes 404.031
Radiation machine: means any device designed to produce, or which produces, radiation or nuclear particles when the associated control devices of the machine are operated. See Florida Statutes 404.031
Radioactive material: means any solid, liquid, or gas which emits ionizing radiation spontaneously; however, this definition does not include radioactive wastes regulated pursuant to the hazardous waste management sections of the federal Resource Conservation and Recovery Act of 1976 or the Department of Environmental Protection's assumption of that program. See Florida Statutes 404.031
Radioactive waste: means any equipment or materials which are radioactive or have radioactive contamination and which are required pursuant to any governing laws, regulations, or licenses to be stored, treated, or disposed of as radioactive waste. See Florida Statutes 404.031
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Rear body section: means both quarter panels, decklid, bumper, and floor pan. See Florida Statutes 319.001
recipient: means an individual who the department or, for Supplemental Security Income, the Social Security Administration determines is eligible pursuant to federal and state law to receive medical assistance and related services for which the agency may make payments under the Medicaid program. See Florida Statutes 409.962
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}
Recovered materials: means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but the term does not include materials destined for any use that constitutes disposal. See Florida Statutes 403.703
Recovered materials processing facility: means a facility engaged solely in the storage, processing, resale, or reuse of recovered materials. See Florida Statutes 403.703
Recyclable material: means those materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste. See Florida Statutes 403.703
Recycling: means any process by which solid waste, or materials that would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or intermediate or final products. See Florida Statutes 403.703
Refrigeration facility: means a facility that is operated independently of a funeral establishment, crematory, or direct disposal establishment, that maintains space and equipment for the storage and refrigeration of dead human bodies, and that offers its service to funeral directors, funeral establishments, direct disposers, direct disposal establishments, or crematories for a fee. See Florida Statutes 497.005
registered mail: includes certified mail with return receipt requested. See Florida Statutes 1.01
Registration: means a state operating license on a vessel which is issued with an identifying number, an annual certificate of registration, and a decal designating the year for which a registration fee is paid. See Florida Statutes 327.02
Registration: means the registering of a radiation machine with the department in accordance with the rules promulgated pursuant to this chapter. See Florida Statutes 404.031
Related services: includes , but is not limited to, family preservation, independent living, emergency shelter, residential group care, foster care, therapeutic foster care, intensive residential treatment, foster care supervision, case management, coordination of mental health services, postplacement supervision, permanent foster care, and family reunification. See Florida Statutes 409.986
Relative: means an individual who is the father, mother, stepfather, stepmother, son, daughter, brother, sister, grandmother, grandfather, great-grandmother, great-grandfather, grandson, granddaughter, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister of a patient or client. See Florida Statutes 408.803
Religious institution: means an organization formed primarily for religious purposes that has qualified for exemption from federal income tax as an exempt organization under the provisions of…. See Florida Statutes 497.005
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
remote human operator: means a natural person who is not physically present in a vehicle equipped with an automated driving system who engages or monitors the vehicle from a remote location. See Florida Statutes 316.003
Removal service: means any service that operates independently of a funeral establishment or a direct disposal establishment, that handles the initial removal of dead human bodies, and that offers its service to funeral establishments and direct disposal establishments for a fee. See Florida Statutes 497.005
rental company: includes only an entity that is engaged in the business of renting or leasing motor vehicles to the general public and that rents or leases a majority of its motor vehicles to persons with no direct or indirect affiliation with the rental company. See Florida Statutes 324.021
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Rescreening: means the use of a screening tool to conduct annual screenings or screenings due to a significant change which determine an individual's placement and continuation on the wait list. See Florida Statutes 409.962
Resident: means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months, has registered to vote, has made a statement of domicile pursuant to…. See Florida Statutes 322.01
Resource recovery: means the process of recovering materials or energy from solid waste, excluding those materials or solid waste under the control of the Nuclear Regulatory Commission. See Florida Statutes 403.703
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Restriction: means a prohibition against operating certain types of motor vehicles or a requirement that a driver comply with certain conditions when driving a motor vehicle. See Florida Statutes 322.01
Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
Revocation: means the termination of a licensee's privilege to drive. See Florida Statutes 322.01
roadway: refers to any such roadway separately, but not to all such roadways collectively. See Florida Statutes 316.003
ROV: means any motorized recreational off-highway vehicle 80 inches or less in width which has a dry weight of 3,500 pounds or less, is designed to travel on four or more nonhighway tires, and is manufactured for recreational use by one or more persons. See Florida Statutes 317.0003
Rules: refers to rules adopted under this chapter unless expressly indicated to the contrary. See Florida Statutes 497.005
Rural hospital: means an acute care hospital licensed under chapter 395, having 100 or fewer licensed beds and an emergency room, and which is:
(a) The sole provider within a county with a population density of no greater than 100 persons per square mile;
(b) An acute care hospital, in a county with a population density of no greater than 100 persons per square mile, which is at least 30 minutes of travel time, on normally traveled roads under normal traffic conditions, from another acute care hospital within the same county;
(c) A hospital supported by a tax district or subdistrict whose boundaries encompass a population of 100 persons or fewer per square mile;
(d) A hospital with a service area that has a population of 100 persons or fewer per square mile. See Florida Statutes 408.07
Satisfaction of lien: means full payment of a debt or release of a debtor from a lien by the lienholder. See Florida Statutes 319.001
Scattering garden: means a location set aside, within a cemetery, that is used for the spreading or broadcasting of cremated remains that have been removed from their container and can be mixed with or placed on top of the soil or ground cover or buried in an underground receptacle on a commingled basis and that are nonrecoverable. See Florida Statutes 497.005
school: includes all preelementary, elementary, secondary, and postsecondary schools. See Florida Statutes 316.003
school: includes all preelementary, elementary, secondary, and postsecondary schools. See Florida Statutes 322.01
School bus: means a motor vehicle that is designed to transport more than 15 persons, including the driver, and that is used to transport students to and from a public or private school or in connection with school activities, but does not include a bus operated by a common carrier in the urban transportation of school children. See Florida Statutes 322.01
Screening: means the act of assessing the background of child care personnel, in accordance with state and federal law, and volunteers and includes, but is not limited to:
(a) Employment history checks, including documented attempts to contact each employer that employed the applicant within the preceding 5 years and documentation of the findings. See Florida Statutes 402.302
Screening: means the use of an information-collection tool to determine a priority score for placement on the wait list. See Florida Statutes 409.962
Secretary: means the Secretary of Children and Families. See Florida Statutes 402.302
Secretary: means the secretary of the Department of Children and Families. See Florida Statutes 409.016
service: means any service offered or provided in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains. See Florida Statutes 497.005
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 for Health Care Administration; or

(e) A critical access hospital. See Florida Statutes 408.07

Service of process: The service of writs or summonses to the appropriate party.

Service provider: means a person or entity who provides, pursuant to this part, employment services, supported employment services, independent living services, self-employment services, personal assistance services, vocational evaluation or tutorial services, or rehabilitation technology services on a contractual or fee-for-service basis to vulnerable persons as defined in…. See Florida Statutes 413.20

Services that require licensure: means those services, including residential services, that require a valid license before those services may be provided in accordance with authorizing statutes and agency rules. See Florida Statutes 408.803

Servicing agent: means any person acting as an independent contractor whose fiduciary responsibility is to assist both the trustee and licensee in administrating their responsibilities pursuant to this chapter. See Florida Statutes 497.005

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.

Significant change: means change in an individual's health status after an accident or illness, an actual or anticipated change in the individual's living situation, a change in the caregiver relationship, loss of or damage to the individual's home or deterioration of his or her home environment, or loss of the individual's spouse or caregiver. See Florida Statutes 409.962

Sludge: includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. See Florida Statutes 403.703

Solicitation: means any communication that directly or implicitly requests an immediate oral response from the recipient. See Florida Statutes 497.005

Solid waste: means sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. See Florida Statutes 403.703

Solid waste disposal facility: means any solid waste management facility that is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. See Florida Statutes 403.703

Solid waste management: means the process by which solid waste is collected, transported, stored, separated, processed, or disposed of in any other way according to an orderly, purposeful, and planned program, which includes closure. See Florida Statutes 403.703

Solid waste management facility: means any solid waste disposal area, volume reduction plant, transfer station, materials recovery facility, or other facility, the purpose of which is resource recovery or the disposal, recycling, processing, or storage of solid waste. See Florida Statutes 403.703

Source material: means :

(a) Uranium, thorium, or any other material which the department declares to be source material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such; or

(b) Ores containing one or more of the foregoing materials in such concentration to be source material. See Florida Statutes 404.031

Source separated: means that the recovered materials are separated from solid waste at the location where the recovered materials and solid waste are generated. See Florida Statutes 403.703

Sources of radiation: means , collectively, radioactive material and radiation machines. See Florida Statutes 404.031

Special nuclear material: means :

(a) Plutonium, uranium 233, uranium 235, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the department declares to be a special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such, but does not include source material; or

(b) Any material artificially enriched by any of the foregoing, but does not include source material. See Florida Statutes 404.031

Special study: means a nonrecurring data-gathering and analysis effort designed to aid the agency in meeting its responsibilities pursuant to this chapter. See Florida Statutes 408.07

Special wastes: means solid wastes that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, yard trash, and biological wastes. See Florida Statutes 403.703

Specialty plan: means a managed care plan that serves Medicaid recipients who meet specified criteria based on age, medical condition, or diagnosis. See Florida Statutes 409.962

Specific license: means a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing, byproduct material, source material, special nuclear material, or other radioactive material occurring naturally or produced artificially. See Florida Statutes 404.031

State: means a state or possession of the United States, and, for the purposes of this chapter, includes the District of Columbia. See Florida Statutes 322.01

State plan: means the state plan approved by the Federal Government as qualifying for federal funds under the Rehabilitation Act of 1973, as amended. See Florida Statutes 413.20

Statute: A law passed by a legislature.

Statutory accounting: means generally accepted accounting principles, except as modified by this chapter. See Florida Statutes 497.005

Storage: means the containment or holding of a hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. See Florida Statutes 403.703

Storm-generated yard trash: means vegetative matter that:

1. See Florida Statutes 403.703

Strategic plan: means a report that analyzes existing programs, services, resources, policy, and needs and sets clear and consistent direction for programs and services for high-risk pregnant women and for preschool children, with emphasis on high-risk and handicapped children, by establishing goals and child and family outcomes, and strategies to meet them. See Florida Statutes 411.202

Structure: means any object constructed, erected, altered, or installed, including, but not limited to, buildings, towers, smokestacks, utility poles, power generation equipment, and overhead transmission lines. See Florida Statutes 333.01

Subpoena: A command to a witness to appear and give testimony.

Subpoena duces tecum: A command to a witness to produce documents.

substance abuse: means the abuse of alcohol or any substance named or described in Schedules I through V of…. See Florida Statutes 316.193

Summons: Another word for subpoena used by the criminal justice system.

Supported employment: means competitive work in integrated working settings for persons who have most significant disabilities and for whom competitive employment has not traditionally occurred or for whom competitive employment has been interrupted or is intermittent as a result of such a disability. See Florida Statutes 413.20

Supported employment services: means ongoing support services and other appropriate services needed to support and maintain a person who has a most significant disability in supported employment. See Florida Statutes 413.20

Suspension: means that a licensee's privilege to drive a motor vehicle is temporarily withdrawn. See Florida Statutes 318.13

Suspension: means the temporary withdrawal of a licensee's privilege to drive a motor vehicle. See Florida Statutes 322.01

Suspension or revocation equivalent status: is a designation for a person who does not have a driver license or driving privilege but would qualify for suspension or revocation of his or her driver license or driving privilege if licensed. See Florida Statutes 322.01

Sustained wind speed: means a wind speed determined by averaging the observed wind speed rounded up to the nearest mile per hour over a 2-minute period. See Florida Statutes 327.02

Tank vehicle: means a vehicle that is designed to transport any liquid or gaseous material within a tank either permanently or temporarily attached to the vehicle, if such tank has a designed capacity of 1,000 gallons or more. See Florida Statutes 322.01

Temporary container: means a receptacle for cremated remains usually made of cardboard, plastic, or similar material designated to hold the cremated remains until an urn or other permanent container is acquired. See Florida Statutes 497.005

temporary identification card: means a certificate issued by the department which, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator's license, as defined in Florida Statutes 322.01

Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

Testate: To die leaving a will.

Testify: Answer questions in court.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Third-party coverage: means any claim for, right to receive payment for or any coverage for, the payment of any vocational rehabilitation and related services. See Florida Statutes 413.20

Third-party payment: means any and all payments received or due as a result of any third-party coverage. See Florida Statutes 413.20

toddler: means any child from birth to 3 years of age. See Florida Statutes 411.202

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Total return withdrawal percentage: means a percentage, not to exceed 5 percent, of the fair market value of a trust. See Florida Statutes 497.005

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Transfer station: means a site the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility. See Florida Statutes 403.703

Transition services: means a coordinated set of activities for a student, designed within an outcome-oriented process, that promote movement from school to postschool activities, including postsecondary education; vocational training; integrated employment; supported employment; continuing and adult education; adult services; independent living; or community participation. See Florida Statutes 413.20

Transport: means the movement of hazardous waste from the point of generation or point of entry into the state to any offsite intermediate points and to the point of offsite ultimate disposal, storage, treatment, or exit from the state. See Florida Statutes 403.703

transportation protection agreement: means an agreement that exclusively provides or arranges for services related to the preparation for the purpose of transportation and subsequent transportation of human remains or cremated remains. See Florida Statutes 497.005

Transuranic waste: means waste material containing transuranic elements with contamination levels greater than 10 nanocuries per gram of waste. See Florida Statutes 404.031

Treatment: when used in connection with hazardous waste, means any method, technique, or process, including neutralization, which is designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize it or render it nonhazardous, safe for transport, amenable to recovery, amenable to storage or disposal, or reduced in volume or concentration. See Florida Statutes 403.703

Tri-vehicle: means an enclosed three-wheeled passenger vehicle that:

(a) Is designed to operate with three wheels in contact with the ground;

(b) Has a minimum unladen weight of 900 pounds;

(d) Is produced in a minimum quantity of 300 in any calendar year;

(e) Is capable of a speed greater than 60 miles per hour on level ground; and

(f) Is equipped with:

1. See Florida Statutes 322.01

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}

Trustee: A person or institution holding and administering property in trust.

Unclaimed remains: means human remains that are not claimed by a legally authorized person, other than a medical examiner or the board of county commissioners, for final disposition at the person's expense. See Florida Statutes 406.49

United States: means the 50 states and the District of Columbia. See Florida Statutes 322.01

United States Nuclear Regulatory Commission: means the United States Nuclear Regulatory Commission or its successor agency. See Florida Statutes 404.031

Uphold: The decision of an appellate court not to reverse a lower court decision.

Urn: means a receptacle designed to permanently encase cremated remains. See Florida Statutes 497.005

Used motor vehicle: means any motor vehicle that is not a "new motor vehicle" as defined in subsection (9). See Florida Statutes 319.001

Useful beam: means that portion of the radiation emitted from a radiation machine through the aperture of the machine's beam-limiting device which is designed to focus the radiation on the intended target in order to accomplish the machine's purpose when the machine's exposure controls are in a mode to cause the system to produce radiation. See Florida Statutes 404.031

various types of recovered materials: means metals, paper, glass, plastic, textiles, and rubber. See Florida Statutes 403.703

Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway or operated upon rails or guideway, except a bicycle, motorized wheelchair, or electric bicycle. See Florida Statutes 322.01

Venue: The geographical location in which a case is tried.

Verdict: The decision of a petit jury or a judge.

Vessel: is synonymous with boat as referenced in Florida Statutes 327.02

veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 1.01

Volume reduction plant: includes incinerators, pulverizers, compactors, shredding and baling plants, composting plants, and other plants that accept and process solid waste for recycling or disposal. See Florida Statutes 403.703

Voluntary board member: means a board member or officer of a not-for-profit corporation or organization who serves solely in a voluntary capacity, does not receive any remuneration for his or her services on the board of directors, and has no financial interest in the corporation or organization. See Florida Statutes 408.803

Waters of this state: means any navigable waters of the United States within the territorial limits of this state, the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state, and all the inland lakes, rivers, and canals under the jurisdiction of this state. See Florida Statutes 327.02

White goods: includes discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. See Florida Statutes 403.703

wrecker operator: means any person or firm regularly engaged for hire in the business of towing or removing motor vehicles. See Florida Statutes 1.01

Writ: A formal written command, issued from the court, requiring the performance of a specific act.

Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

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

Yard trash: means vegetative matter resulting from landscaping maintenance and land clearing operations and includes associated rocks and soils. See Florida Statutes 403.703

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Florida Statutes > Chapter 497 – Funeral, Cemetery, and Consumer Services

Terms Used In Florida Statutes > Chapter 497 - Funeral, Cemetery, and Consumer Services

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Maderal Byrne PLLC

Ansbacher & McKeel Professional Association