Terms Used In Florida Statutes > Chapter 626 > Part VI - Insurance Adjusters

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Acupuncture: means a form of primary health care, based on traditional Chinese medical concepts and modern oriental medical techniques, that employs acupuncture diagnosis and treatment, as well as adjunctive therapies and diagnostic techniques, for the promotion, maintenance, and restoration of health and the prevention of disease. See Florida Statutes 457.102
• Acupuncturist: means any person licensed as provided in this chapter to practice acupuncture as a primary health care provider. See Florida Statutes 457.102
• adjusters: as used in this part applies to all licensees defined as any type of adjuster. See Florida Statutes 626.852
• 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.
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved: means conforming to the requirements of the Florida Building Code. See Florida Statutes 553.36
• Approved inspection agency: means an organization determined by the department to be especially qualified by reason of facilities, personnel, experience, and demonstrated reliability to investigate, test, and evaluate manufactured building units or systems or the component parts thereof, together with the plans, specifications, and quality control procedures to ensure that such units, systems, or component parts are in full compliance with the Florida Building Code and to label such units complying with those standards. See Florida Statutes 553.36
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized inspection agency: means :
  (a) Any county, municipality, town, or other governmental subdivision that has adopted into law the Boiler and Pressure Vessel Code of the A. See Florida Statutes 554.1021
• Ballast efficiency factor: means the ratio of relative light output, expressed as a percent, to the power input, expressed in watts under test conditions. See Florida Statutes 553.955
• 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.
• 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.
• 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}
• Board: means any board or commission, or other statutorily created entity to the extent such entity is authorized to exercise regulatory or rulemaking functions, within the department, except that, for ss. See Florida Statutes 456.001
• Board: means the Board of Acupuncture. See Florida Statutes 457.102
• Board: means the Board of Medicine. See Florida Statutes 458.305
• boiler: includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. See Florida Statutes 554.1021
• Boiler insurance company: means a company authorized by a subsisting certificate of authority, issued by the Office of Insurance Regulation, to transact boiler and machinery insurance in this state. See Florida Statutes 554.1021
• Certificate inspection: means an inspection whose report is used by the chief boiler inspector to determine whether or not a certificate of operation may be issued. See Florida Statutes 554.1021
• Certificate of competency: means a document issued to a person who has satisfied the minimum competency requirements for boiler inspectors under this chapter. See Florida Statutes 554.1021
• Certificate of operation: means a document issued to the owner of a boiler which authorizes the owner to operate the boiler, subject to any restrictions endorsed thereon. See Florida Statutes 554.1021
• 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.
• Code: means the Florida Energy Efficiency Code for Building Construction. See Florida Statutes 553.955
• Commission: means the Florida Building Commission created by this part. See Florida Statutes 553.71
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Component: means any assembly, subassembly, or combination of parts for use as a part of a building, which may include structural, electrical, mechanical, and fire protection systems and other systems affecting health and safety. See Florida Statutes 553.36
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• cost-effective: as used in this part , means cost-effective to the consumer. See Florida Statutes 553.901
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person engaged in the wholesale or retail business of buying and selling explosives. See Florida Statutes 552.081
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Health. See Florida Statutes 456.001
• Department: means the Department of Health. See Florida Statutes 457.102
• Department: means the Department of Health. See Florida Statutes 458.305
• Department: means the Department of Financial Services. See Florida Statutes 554.1021
• Department: means the Department of Business and Professional Regulation. See Florida Statutes 553.36
• Department: means the Department of Business and Professional Regulation. See Florida Statutes 553.71
• Department: means the Department of Business and Professional Regulation. See Florida Statutes 553.955
• 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.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distributor: means any person or business entity which distributes a privately labeled product on a national basis for which the specifications for manufacture, testing, and certification are established and attested to by the distributor, rather than the manufacturer. See Florida Statutes 553.955
• Division: means the Division of State Fire Marshal of the Department of Financial Services. See Florida Statutes 552.081
• Donor: The person who makes a gift.
• Energy conservation standard: means :
  (a) A performance standard which prescribes a minimum level of energy efficiency or a maximum quantity of energy use for a covered product, determined in accordance with applicable test procedures;
  (b) A design requirement for the products specified in…. See Florida Statutes 553.955
• Energy performance level: means the indicator of the energy-related performance of a building, including, but not limited to, the levels of insulation, the amount and type of glass, and the HVAC and water heating system efficiencies. See Florida Statutes 553.902
• errata to the code: means a list of errors on current and previous editions of the Florida Building Code. See Florida Statutes 553.73
• 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.
• Explosive materials: means explosives, blasting agents, or detonators. See Florida Statutes 552.081
• explosives: includes , but is not limited to, dynamite, nitroglycerin, trinitrotoluene, other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. See Florida Statutes 552.081
• Exterior envelope physical characteristics: means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exterior. See Florida Statutes 553.902
• factory-built building: means a closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in manufacturing facilities for installation or erection as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, institutional, storage, and industrial structures. See Florida Statutes 553.36
• Factory-built school shelter: means any site-assembled or factory-built school building that is designed to be portable, relocatable, demountable, or reconstructible and that complies with the provisions for enhanced hurricane protection areas, as required by the applicable code. See Florida Statutes 553.36
• 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• fluorescent lamp ballast: means a device to operate a fluorescent lamp by providing a starting voltage and current and limiting the current during normal operation. See Florida Statutes 553.955
• Fraud: Intentional deception resulting in injury to another.
• Freezer: means a cabinet designed as a unit for the storage of food at temperatures of about 0 °F, having the ability to freeze food, and having a source of refrigeration requiring an energy input. See Florida Statutes 553.955
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• Health care practitioner: means any person licensed under chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 462; chapter 463; chapter 464; chapter 465; chapter 466; chapter 467; part I, part II, part III, part V, part X, part XIII, or part XIV of chapter 468; chapter 478; chapter 480; part I, part II, or part III of chapter 483; chapter 484; chapter 486; chapter 490; or chapter 491. See Florida Statutes 456.001
• Heating boiler: means a steam or vapor boiler operating at pressures not exceeding 15 psig, or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 °F. See Florida Statutes 554.1021
• Hot water supply boiler: means a boiler or a lined storage water heater supplying heated water for use external to itself operating at a pressure not exceeding 160 psig or temperature not exceeding 250 °F. See Florida Statutes 554.1021
• HVAC: means a system of heating, ventilating, and air-conditioning. See Florida Statutes 553.902
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insignia: means an approved device or seal issued by the department to indicate compliance with the standards and rules established pursuant to this part. See Florida Statutes 553.36
• 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}
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means any permit, registration, certificate, or license, including a provisional license, issued by the department. See Florida Statutes 456.001
• License: means the document of authorization issued by the department for a person to engage in the practice of acupuncture. See Florida Statutes 457.102
• Licensee: means any person or entity issued a permit, registration, certificate, or license, including a provisional license, by the department. See Florida Statutes 456.001
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Load management control device: means any device installed by any electric utility or its contractors which temporarily interrupts electric service to major appliances, motors, or other electrical systems contained within the buildings or on the premises of consumers for the purpose of reducing the utility's system demand as needed in order to prevent curtailment of electric service in whole or in part to consumers and thereby maintain the quality of service to consumers, provided the device is in compliance with a program approved by the Florida Public Service Commission. See Florida Statutes 553.71
• Local enforcement agency: means an agency of local government, a local school board, a community college board of trustees, or a university board of trustees in the State University System with jurisdiction to make inspections of buildings and to enforce the codes which establish standards for design, construction, erection, alteration, repair, modification, or demolition of public or private buildings, structures, or facilities. See Florida Statutes 553.71
• Local enforcement agency: means the agency of local government which has the authority to make inspections of buildings and to enforce the Florida Building Code. See Florida Statutes 553.902
• local governing body: as used in this part shall be construed to refer exclusively to such local board or agency. See Florida Statutes 553.73
• Local government: means any municipality, county, district, or combination thereof comprising a governmental unit. See Florida Statutes 553.36
• local government: means a county, municipality, special district, or political subdivision of the state. See Florida Statutes 553.73
• Luminaire: means a complete lighting unit consisting of a fluorescent lamp or lamps, together with parts designed to distribute the light, to position and protect such lamps, and to connect such lamps to the power supply. See Florida Statutes 553.955
• Manufacture: means the process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, semifinished, or finished materials. See Florida Statutes 553.36
• Manufacturer: means any person or business entity engaged in the original production or assembly of a product. See Florida Statutes 553.955
• minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
• Mobile home: means any residential unit constructed to standards promulgated by the United States Department of Housing and Urban Development. See Florida Statutes 553.36
• Module: means a separately transported three-dimensional component of a manufactured building which contains all or a portion of structural systems, electrical systems, plumbing systems, mechanical systems, fire systems, and thermal systems. See Florida Statutes 553.36
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• New product: means a product that is sold, offered for sale, or installed for the first time and specifically includes floor models and demonstration units. See Florida Statutes 553.955
• 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.
• 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.
• Occupancy: means an occupied building or part of a building. See Florida Statutes 553.955
• Operation: means the ability to start the lamp at least 8 times out of 10 with a minimum of 1 minute between attempts when tested under test conditions. See Florida Statutes 553.955
• Oriental medicine: means the use of acupuncture, electroacupuncture, Qi Gong, oriental massage, herbal therapy, dietary guidelines, and other adjunctive therapies. See Florida Statutes 457.102
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any natural person, partnership, association, or corporation. See Florida Statutes 552.081
• 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
• Personal property: All property that is not real property.
• Physician: means a person who is licensed to practice medicine in this state. See Florida Statutes 458.305
• 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.
• 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
• Power boiler: means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig. See Florida Statutes 554.1021
• Power input: means the rate of energy consumption in watts of a ballast and fluorescent lamp or lamps. See Florida Statutes 553.955
• 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 medicine: means the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition. See Florida Statutes 458.305
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Profession: means any activity, occupation, profession, or vocation regulated by the department in the Division of Medical Quality Assurance. See Florida Statutes 456.001
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public assembly locations: includes schools, day care centers, community centers, churches, theaters, hospitals, nursing and convalescent homes, stadiums, amusement parks, and other locations open to the general public. See Florida Statutes 554.1021
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• registered mail: includes certified mail with return receipt requested. See Florida Statutes 1.01
• Relative light output: means the test ballast light output divided by a reference ballast light output using the same reference lamp and expressing the value as a percent. See Florida Statutes 553.955
• 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.
• 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.
• Secretary: means the Secretary of Business and Professional Regulation. See Florida Statutes 553.71
• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• Sex: means the classification of a person as either male or female based on the organization of the human body of such person for a specific reproductive role, as indicated by the person's sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth. See Florida Statutes 456.001
• Sex-reassignment prescriptions or procedures: means :
  1. See Florida Statutes 456.001
• Special inspector: means a licensed architect or registered engineer who is certified under chapter 471 or chapter 481 to conduct inspections of threshold buildings. See Florida Statutes 553.71
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• System: means structural, plumbing, mechanical, heating, electrical, or ventilating elements, materials, or components combined for use in a building. See Florida Statutes 553.36
• Temporary: includes , but is not limited to, buildings identified by, but not designated as permanent structures on, an approved development order. See Florida Statutes 553.71
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Threshold building: means any building which is greater than three stories or 50 feet in height, or which has an assembly occupancy classification as defined in the Florida Building Code which exceeds 5,000 square feet in area and an occupant content of greater than 500 persons. See Florida Statutes 553.71
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• User: means a dealer or manufacturer-distributor who uses an explosive as an ultimate consumer or a person who, as an ultimate consumer of an explosive, purchases such explosive from a dealer or manufacturer-distributor. See Florida Statutes 552.081
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Venue: The geographical location in which a case is tried.
• 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
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01