Terms Used In Florida Statutes > Chapter 49 - Constructive Service of Process

• Accumulated contributions: means the sum of:
  (a) A member's contributions, without interest, subsequent to December 1, 1970; and
  (b) The single-sum amount the member would have received if he or she was covered by an existing system prior to December 1, 1970, and had terminated membership in such system on November 30, 1970, subject to reduction on account of benefit payments as provided under certain options. See Florida Statutes 121.021
• Actuarial equivalent: means a benefit of equal value when computed at regular interest upon the basis of the mortality tables adopted by the administrator. See Florida Statutes 121.021
• Administrator: means the secretary of the Department of Management Services. See Florida Statutes 121.021
• 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.
• Agreement: means that certain agreement entered into October 23, 1951, between the State of Florida and the Federal Security Administrator. See Florida Statutes 121.021
• Annual compensation: means the total compensation paid a member during a year. See Florida Statutes 121.021
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Average final compensation: means :
  1. See Florida Statutes 121.021
• Average monthly compensation: means one-twelfth of average final compensation. See Florida Statutes 121.021
• 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 the joint annuitant or any other person, organization, estate, or trust fund designated by the member to receive a retirement benefit, if any, which may be payable upon the member's death. See Florida Statutes 121.021
• Benefit: means any pension payment, lump-sum or periodic, to a member, retiree, or beneficiary, based partially or entirely on employer contributions or employee contributions, if applicable. See Florida Statutes 121.021
• Bonus: means a payment made in addition to an employee's regular or overtime salary. See Florida Statutes 121.021
• Calendar month: means one of the 12 divisions of a year as determined by the Gregorian calendar (e. See Florida Statutes 121.021
• 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.
• Compensation: means the monthly salary paid a member by his or her employer for work performed arising from that employment. See Florida Statutes 121.021
• Continuous service: means creditable service as a member, beginning with the first day of employment with an employer covered under a state-administered retirement system consolidated herein and continuing for as long as the member remains in an employer-employee relationship with an employer covered under this chapter. See Florida Statutes 121.021
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Covered group: means the officers and employees of an employer who become members under this chapter. See Florida Statutes 121.021
• Date of participation: means the date on which the officer or employee becomes a member. See Florida Statutes 121.021
• Death in line of duty: means death arising out of and in the actual performance of duty required by a member's employment during his or her regularly scheduled working hours or irregular working hours as required by the employer. See Florida Statutes 121.021
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• defendant: means any party on whom service by publication is authorized by this chapter, without regard to his or her designation in the pleadings or position in the action. See Florida Statutes 49.031
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Management Services. See Florida Statutes 121.021
• Dependent: A person dependent for support upon another.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Retirement in the department. See Florida Statutes 121.021
• Docket: A log containing brief entries of court proceedings.
• Early retirement date: means the first day of the month following the date a member becomes vested and elects to receive retirement benefits in accordance with this chapter. See Florida Statutes 121.021
• Employer: means any agency, branch, department, institution, university, institution of higher education, or board of the state, or any county agency, branch, department, board, district school board, municipality, metropolitan planning organization, or special district of the state which participates in the system for the benefit of certain of its employees, or a charter school or charter technical career center that participates as provided in…. See Florida Statutes 121.021
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Existing systems: means the State and County Officers and Employees' Retirement System, the retirement system for school teachers, and the highway patrol pensions and pension trust fund, which are consolidated in…. See Florida Statutes 121.021
• 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}
• 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
• 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.
• Independent contractor: means an individual who is not subject to the control and direction of the employer for whom work is being performed, with respect not only to what shall be done but to how it shall be done. See Florida Statutes 121.021
• Joint annuitant: means any person designated by the member to receive a retirement benefit upon the member's death who is:
  (a) The spouse of the member;
  (b) The member's natural or adopted child who is under age 25, or is physically or mentally disabled and incapable of self-support, regardless of age; or any person other than the spouse for whom the member is the legal guardian, provided that such person is under age 25 and is financially dependent for no less than one-half of his or her support from the member at retirement or at the time of death of such member, whichever occurs first; or
  (c) A parent or grandparent, or a person age 25 or older for whom the member is the legal guardian, provided that such parent, grandparent, or other person is financially dependent for no less than one-half of his or her support from the member at retirement or at time of the death of such member, whichever occurs first. See Florida Statutes 121.021
• 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.
• Leave of absence: means a leave of absence from employment under the Florida Retirement System, subsequent to November 30, 1970, for which retirement credit may be received in accordance with…. See Florida Statutes 121.021
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local agency employer: means the board of county commissioners or other legislative governing body of a county, however styled, including that of a consolidated or metropolitan government; a clerk of the circuit court, sheriff, property appraiser, tax collector, or supervisor of elections, provided such officer is elected or has been appointed to fill a vacancy in an elective office; a community college board of trustees or district school board; or the governing body of any city, metropolitan planning organization created pursuant to…. See Florida Statutes 121.021
• Member: means any officer or employee who is covered or who becomes covered under this system in accordance with this chapter. See Florida Statutes 121.021
• Metropolitan planning organization: means an entity created by an interlocal agreement pursuant to…. See Florida Statutes 121.021
• minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
• Normal retirement date: means the date a member attains normal retirement age and is vested, which is determined as follows:
  (a) If a Regular Class member, a Senior Management Service Class member, or an Elected Officers' Class member initially enrolled:

  1. See Florida Statutes 121.021
• oath: includes affirmations. See Florida Statutes 1.01
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Officer or employee: means any person receiving salary payments for work performed in a regularly established position and, if employed by a municipality, a metropolitan planning organization, or a special district, employed in a covered group. See Florida Statutes 121.021
• Pension: means monthly payments to a retiree derived as provided in this chapter. See Florida Statutes 121.021
• 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.
• Phased retirement program: means a program contracted by the governing board of a university or community college participating under this chapter in which a retiree may be reemployed in a faculty position provided:
  (a) The member retired and met the definition of termination under this section;
  (b) The retired member is reemployed for not more than 780 hours during the first 12 months of his or her retirement; and
  (c) The retired member is reemployed with the university or community college from which he or she retired. See Florida Statutes 121.021
• plaintiff: means any party in the action who is entitled to service of original process on any other party to the action or any person who may be brought in or allowed to come in as a party by any lawful means. See Florida Statutes 49.031
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan year: means the period of time beginning July 1 and ending on the following June 30, both dates inclusive, for all state-administered retirement systems. See Florida Statutes 121.021
• 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.
• 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.
• 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.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• publication: includes the posting of the notice of action as provided for in ss. See Florida Statutes 49.031
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Regularly established position: means :
  (a) With respect to a state employer, a position that is authorized and established pursuant to law and is compensated from a salaries and benefits appropriation pursuant to…. See Florida Statutes 121.021
• 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.
• Retiree: means a former member of the Florida Retirement System or an existing system who has terminated employment and is receiving benefit payments from the system in which he or she was a member. See Florida Statutes 121.021
• Service of process: The service of writs or summonses to the appropriate party.
• Signature: means the name or mark of a person as written by that person. See Florida Statutes 121.021
• Social security coverage: means old-age, survivors, disability, and health insurance, as provided by the federal Social Security Act. See Florida Statutes 121.021
• Special district: means an independent special district as defined in…. See Florida Statutes 121.021
• Special Risk Class member: means a member of the Florida Retirement System who meets the eligibility and criteria required under…. See Florida Statutes 121.021
• State agency: means the Department of Management Services within the provisions and contemplation of chapter 650. See Florida Statutes 121.021
• State board: means the State Board of Administration. See Florida Statutes 121.021
• system: means the general retirement system established by this chapter, including, but not limited to, the defined benefit program administered under this part, referred to as the "Florida Retirement System Pension Plan" or "pension plan" and the defined contribution program administered under part II of this chapter, referred to as the "Florida Retirement System Investment Plan" or "investment plan. See Florida Statutes 121.021
• System Trust Fund: means the trust fund established in the State Treasury by this chapter for the purpose of holding and investing the contributions paid by members and employers and paying the benefits to which members or their beneficiaries may become entitled. See Florida Statutes 121.021
• Temporary position: means :
  (a) With respect to a state employer, a position that is compensated from an other personal services (OPS) account as provided in…. See Florida Statutes 121.021
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trustee: A person or institution holding and administering property in trust.
• Trustees: means the Board of Trustees of the State Board of Administration. See Florida Statutes 121.021
• Unit: means any department, division, or subdivision of a city or any classification of city employees approved for social security coverage, as such, by the United States Department of Health and Human Services, not based on age, sex, or other classification resulting in higher than average costs for retirement benefits. See Florida Statutes 121.021
• vesting: means the guarantee that a member is eligible to receive a future retirement benefit upon completion of the required years of creditable service for the employee's class of membership, even though the member may have terminated covered employment before reaching normal or early retirement date. See Florida Statutes 121.021
• Volunteer services: means services provided in accordance with…. See Florida Statutes 121.021
• Work year: means the period of time an employee is required to work during the plan year to receive a full year of retirement credit, as provided by rule. See Florida Statutes 121.021
• 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