Part I General Provisions 570.01 – 570.232
Part II Program Services 570.30 – 570.693
Part III Agricultural Development 570.70 – 570.89
Part IV Agricultural Water Policy 570.916 – 570.94
Part V Penalties 570.971

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Florida Statutes > Chapter 570 - Department of Agriculture and Consumer Services

  • Abatement: means the removal, encapsulation, enclosure, or disposal of asbestos. See Florida Statutes 469.001
  • accommodative: means designed with the primary goal of conforming to the individual's anatomy, "inlay" means any removable material upon which the foot directly rests inside the shoe and which may be an integral design component of the shoe, and "musculoskeletal" and "neuromuscular" mean the systems of the body providing support and movement and include the skeletal, muscular, circulatory, nervous, and integumentary systems. See Florida Statutes 468.80
  • 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 468.80
  • Agricultural business products: means nonconsumable products used in the producing, processing, distribution, and marketing of consumable farm products, including, but not limited to, machinery, equipment, and supplies. See Florida Statutes 570.02
  • Agricultural marketing facilities: means state-owned wholesale and retail markets managed by the Bureau of State Farmers' Market. See Florida Statutes 570.02
  • Agriculture: means the science and art of production of plants and animals useful to humans, including to a variable extent the preparation of these products for human use and their disposal by marketing or otherwise, and includes aquaculture, horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bees, and any and all forms of farm products and farm production. See Florida Statutes 570.02
  • AHERA: means the Asbestos Hazard Emergency Response Act of 1986, Florida Statutes 469.001
  • 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.
  • 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 a business or individual seeking to be licensed under this part. See Florida Statutes 468.520
  • 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
  • Approved midwifery program: means a midwifery training program approved by the department pursuant to…. See Florida Statutes 467.003
  • Arrest: Taking physical custody of a person by lawful authority.
  • Artist: means a person performing on the professional stage or in the production of television, radio, or motion pictures; a musician or group of musicians; or a model. See Florida Statutes 468.401
  • Asbestos: means the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite. See Florida Statutes 469.001
  • Asbestos consultant: means a person who offers to, undertakes to, submits a bid to, or does, individually or by employing others, conduct surveys for asbestos-containing materials, develop operation and maintenance plans, monitor and evaluate asbestos abatement, prepare asbestos abatement specifications, or perform related tasks. See Florida Statutes 469.001
  • Asbestos contractor: means the person who is qualified and responsible for the contracted project and who offers to, undertakes to, submits a bid to, or does, individually or by employing others, remove, encapsulate, or enclose asbestos-containing materials or dispose of asbestos-containing waste in the course of activities including, but not limited to, construction, renovation, maintenance, or demolition. See Florida Statutes 469.001
  • Asbestos-containing material: means any material which contains more than 1 percent asbestos as determined by polarized light microscopy. See Florida Statutes 469.001
  • ASHARA: means the Asbestos School Hazard Reauthorization Act. See Florida Statutes 469.001
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Athletic trainer: means a person licensed under this part who has met the requirements of this part, including the education requirements established by the Commission on Accreditation of Athletic Training Education or its successor organization and necessary credentials from the Board of Certification. See Florida Statutes 468.701
  • Athletic training: means service and care provided by an athletic trainer under the direction of a physician as specified in…. See Florida Statutes 468.701
  • Attaching entity: means a person that is a local exchange carrier, a public utility, a communications services provider, a broadband service provider, or a cable television operator that owns or controls pole attachments. See Florida Statutes 366.02
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Audiologist: means a person licensed under this part to practice audiology. See Florida Statutes 468.1125
  • 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.
  • Board: means the Board of Dentistry. See Florida Statutes 466.003
  • Board: means the Board of Speech-Language Pathology and Audiology. See Florida Statutes 468.1125
  • Board: means the Board of Nursing Home Administrators. See Florida Statutes 468.1655
  • Board: means the Board of Respiratory Care. See Florida Statutes 468.352
  • Board: means the Board of Medicine. See Florida Statutes 468.503
  • Board: means the Board of Employee Leasing Companies. See Florida Statutes 468.520
  • Board: means the Florida Building Code Administrators and Inspectors Board. See Florida Statutes 468.603
  • Board: means the Board of Athletic Training. See Florida Statutes 468.701
  • Board: means the Board of Orthotists and Prosthetists. See Florida Statutes 468.80
  • Board of Certification: means the nationally accredited certifying body for athletic trainers or its successor agency. See Florida Statutes 468.701
  • Broadband service: means any service that consists of or includes the offering of the capability to transmit or receive information at a rate that is not less than 200 kilobits per second and either:
    (a) Is used to provide access to the Internet; or
    (b) Provides computer processing, information storage, information content, or protocol conversion in combination with the service. See Florida Statutes 364.02
  • 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).
  • Building code inspector: means any of those employees of local governments or state agencies, or any person contracted, with building construction regulation responsibilities who themselves conduct inspections of building construction, erection, repair, addition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or county ordinance. See Florida Statutes 468.603
  • building official: means any of those employees of municipal or county governments, or any person contracted, with building construction regulation responsibilities who are charged with the responsibility for direct regulatory administration or supervision of plan review, enforcement, or inspection of building construction, erection, repair, addition, remodeling, demolition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or county ordinance. See Florida Statutes 468.603
  • Certificate: means a certification granted and issued by the department under this part. See Florida Statutes 468.301
  • Certificate: means a certificate of qualification issued by the department as provided in this part. See Florida Statutes 468.603
  • Certificate of authorization: means a document issued by the commission authorizing a utility to provide service in a specific service area. See Florida Statutes 367.021
  • Certificateholder: means any person who holds a certificate under this part that authorizes that person to use radiation on human beings. See Florida Statutes 468.301
  • Certified audiology assistant: means a person who is certified under this part to perform audiology services under the direct supervision of an audiologist. See Florida Statutes 468.1125
  • Certified nurse midwife: means a person who is licensed as an advanced practice registered nurse under part I of chapter 464 and who is certified to practice midwifery by the American College of Nurse Midwives. See Florida Statutes 467.003
  • Certified respiratory therapist: means any person licensed pursuant to this part who is certified by the National Board for Respiratory Care or its successor; who is employed to deliver respiratory care services, under the order of a physician licensed pursuant to chapter 458 or chapter 459, in accordance with protocols established by a hospital or other health care provider or the board; and who functions in situations of unsupervised patient contact requiring individual judgment. See Florida Statutes 468.352
  • Certified speech-language pathology assistant: means a person who is certified under this part to perform speech pathology services under the direct supervision of a speech pathologist. See Florida Statutes 468.1125
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Client company: means a person or entity which contracts with an employee leasing company and is provided employees pursuant to that contract. See Florida Statutes 468.520
  • Commission: means the Florida Public Service Commission. See Florida Statutes 364.02
  • Commission: means the Florida Public Service Commission. See Florida Statutes 366.02
  • Commission: means the Florida Public Service Commission. See Florida Statutes 367.021
  • Commission: means the Commission on Dietetic Registration, the credentialing agency of the Academy of Nutrition and Dietetics. See Florida Statutes 468.503
  • Commissioner: means the Commissioner of Agriculture. See Florida Statutes 570.02
  • Communications services provider: means an entity providing communications services as defined in…. See Florida Statutes 366.02
  • Community association: means a residential homeowners' association in which membership is a condition of ownership of a unit in a planned unit development, or of a lot for a home or a mobile home, or of a townhouse, villa, condominium, cooperative, or other residential unit which is part of a residential development scheme and which is authorized to impose a fee which may become a lien on the parcel. See Florida Statutes 468.431
  • Community association management: means any of the following practices requiring substantial specialized knowledge, judgment, and managerial skill when done for remuneration and when the association or associations served contain more than 10 units or have an annual budget or budgets in excess of $100,000: controlling or disbursing funds of a community association, preparing budgets or other financial documents for a community association, assisting in the noticing or conduct of community association meetings, determining the number of days required for statutory notices, determining amounts due to the association, collecting amounts due to the association before the filing of a civil action, calculating the votes required for a quorum or to approve a proposition or amendment, completing forms related to the management of a community association that have been created by statute or by a state agency, drafting meeting notices and agendas, calculating and preparing certificates of assessment and estoppel certificates, responding to requests for certificates of assessment and estoppel certificates, negotiating monetary or performance terms of a contract subject to approval by an association, drafting prearbitration demands, coordinating or performing maintenance for real or personal property and other related routine services involved in the operation of a community association, and complying with the association's governing documents and the requirements of law as necessary to perform such practices. See Florida Statutes 468.431
  • Community association management firm: means a corporation, limited liability company, partnership, trust, association, sole proprietorship, or other similar organization engaging in the business of community association management for the purpose of providing any of the services described in subsection (2). See Florida Statutes 468.431
  • Community association manager: means a natural person who is licensed pursuant to this part to perform community association management services. See Florida Statutes 468.431
  • Compensation: means any one or more of the following:
    (a) Any money or other valuable consideration paid or promised to be paid for services rendered by any person conducting the business of a talent agency under this part;
    (b) Any money received by any person in excess of that which has been paid out by such person for transportation, transfer of baggage, or board and lodging for any applicant for employment; or
    (c) The difference between the amount of money received by any person who furnishes employees, performers, or entertainers for circus, vaudeville, theatrical, or other entertainments, exhibitions, engagements, or performances and the amount paid by him or her to such employee, performer, or entertainer. See Florida Statutes 468.401
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution-in-aid-of-construction: means any amount or item of money, services, or property received by a utility, from any person or governmental authority, any portion of which is provided at no cost to the utility, which represents a donation or contribution to the capital of the utility, and which is used to offset the acquisition, improvement, or construction costs of the utility property, facilities, or equipment used to provide utility services. See Florida Statutes 367.021
  • Controlling person: means :
    (a) Any natural person who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of any employee leasing company, including, but not limited to:
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporate undertaking: means the unqualified guarantee of a utility to pay a refund and pay interest connected therewith which may be ordered by the commission at such time as the obligation becomes fixed and final. See Florida Statutes 367.021
  • 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.
  • Corporation: includes a corporation, company, association, or joint stock association. See Florida Statutes 364.02
  • Council: means the Council of Licensed Midwifery. See Florida Statutes 467.003
  • Council: means the Advisory Council on Radiation Protection. See Florida Statutes 468.301
  • Council: means the Regulatory Council of Community Association Managers. See Florida Statutes 468.431
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Dental assistant: means a person, other than a dental hygienist, who, under the supervision and authorization of a dentist, provides dental care services directly to a patient. See Florida Statutes 466.003
  • Dental hygiene: means the rendering of educational, preventive, and therapeutic dental services pursuant to ss. See Florida Statutes 466.003
  • Dental hygienist: means a person licensed to practice dental hygiene pursuant to this chapter. See Florida Statutes 466.003
  • dental laboratory: includes any person, firm, or corporation that performs for a fee of any kind, gratuitously, or otherwise, directly or through an agent or an employee, by any means or method, or supplies or manufactures artificial substitutes for the natural teeth; furnishes, supplies, constructs, or reproduces or repairs any prosthetic denture, bridge, or appliance to be worn in the human mouth; or in any way represents itself as a dental laboratory. See Florida Statutes 466.031
  • Dentist: means a person licensed to practice dentistry pursuant to this chapter. See Florida Statutes 466.003
  • Dentistry: means the healing art which is concerned with the examination, diagnosis, treatment planning, and care of conditions within the human oral cavity and its adjacent tissues and structures. See Florida Statutes 466.003
  • Department: means the Department of Health. See Florida Statutes 466.003
  • Department: means the Department of Health. See Florida Statutes 467.003
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 469.001
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 570.02
  • Department: means the Department of Health. See Florida Statutes 468.1125
  • Department: means the Department of Health. See Florida Statutes 468.1655
  • Department: means the Department of Health. See Florida Statutes 468.301
  • Department: means the Department of Health. See Florida Statutes 468.352
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 468.401
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 468.431
  • Department: means the Department of Health. See Florida Statutes 468.503
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 468.520
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 468.603
  • Department: means the Department of Health. See Florida Statutes 468.701
  • Department: means the Department of Health. See Florida Statutes 468.80
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 468.8311
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 468.8411
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Dietetic technician: means a person who assists in the provision of dietetic and nutrition services under the supervision of a qualified professional. See Florida Statutes 468.503
  • Dietetics: means the integration and application of the principles derived from the sciences of nutrition, biochemistry, food, physiology, and management and from the behavioral and social sciences to achieve and maintain a person's health throughout the person's life. See Florida Statutes 468.503
  • Dietetics and nutrition practice: shall include assessing nutrition needs and status using appropriate data; recommending appropriate dietary regimens, nutrition support, and nutrient intake; ordering therapeutic diets; improving health status through nutrition research, counseling, and education; and developing, implementing, and managing nutrition care systems, which includes, but is not limited to, evaluating, modifying, and maintaining appropriate standards of high quality in food and nutrition care services. See Florida Statutes 468.503
  • Digital scanning: means the use of digital technology that creates a computer-generated replica of the hard and soft tissue of the oral cavity using enhanced digital photography, lasers, or other optical scanning devices. See Florida Statutes 466.003
  • Direct supervision: means supervision whereby a dentist diagnoses the condition to be treated, a dentist authorizes the procedure to be performed, a dentist remains on the premises while the procedures are performed, and a dentist approves the work performed before dismissal of the patient. See Florida Statutes 466.003
  • Direct supervision: means responsible supervision and control by a licensed speech-language pathologist who shall assume legal liability for the services rendered by any certified speech-language pathology assistant under the licensee's supervision, or responsible supervision and control by a licensed audiologist who shall assume legal liability for the services rendered by any certified audiology assistant under the licensee's supervision. See Florida Statutes 468.1125
  • Direct supervision: means supervision and control by a licensed practitioner who assumes legal liability for the services rendered by the basic X-ray machine operator or basic X-ray machine operator-podiatric medicine, which supervision requires the physical presence of the licensed practitioner for consultation and direction of the actions of the basic X-ray machine operator or basic X-ray machine operator-podiatric medicine. See Florida Statutes 468.301
  • Direct supervision: means practicing under the direction of a licensed, registered, or certified respiratory therapist who is physically on the premises and readily available, as defined by the board. See Florida Statutes 468.352
  • 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:
  • Docket: A log containing brief entries of court proceedings.
  • Domestic wastewater: means wastewater principally from dwellings, business buildings, institutions, and sanitary wastewater or sewage treatment plants. See Florida Statutes 367.021
  • Donor: The person who makes a gift.
  • Educational program: means training or education, including either a didactic or a clinical practicum, or both, which has a specified objective, planned activities for students, and suitable methods for measuring student attainment, which program is offered, sponsored, or approved by an organization or institution that is able to meet or enforce these criteria and which program is subject to approval by the department. See Florida Statutes 468.301
  • Electric utility: means any municipal electric utility, investor-owned electric utility, or rural electric cooperative which owns, maintains, or operates an electric generation, transmission, or distribution system within the state. See Florida Statutes 366.02
  • 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
  • Employee leasing: means an arrangement whereby a leasing company assigns its employees to a client and allocates the direction of and control over the leased employees between the leasing company and the client. See Florida Statutes 468.520
  • Employee leasing company: means a sole proprietorship, partnership, corporation, or other form of business entity engaged in employee leasing. See Florida Statutes 468.520
  • employer: means a person, company, partnership, or corporation that uses the services of a talent agency to provide artists. See Florida Statutes 468.401
  • Encapsulation: means the application of any coating to asbestos-containing material to prevent fiber release. See Florida Statutes 469.001
  • Enclosure: means the construction of an airtight barrier around asbestos-containing material to prevent fiber release. See Florida Statutes 469.001
  • enforcement official: means a licensed building code administrator, building code inspector, or plans examiner. See Florida Statutes 468.603
  • Engagement: means any employment or placement of an artist, where the artist performs in his or her artistic capacity. See Florida Statutes 468.401
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • General radiographer: means a person who is employed and certificated in radiography, other than a basic X-ray machine operator or basic X-ray machine operator-podiatric medicine. See Florida Statutes 468.301
  • General supervision: means supervision whereby a dentist authorizes the procedures which are being carried out but need not be present when the authorized procedures are being performed. See Florida Statutes 466.003
  • General supervision: means supervision whereby a practitioner authorizes the services to be performed by the radiologic technologist, which supervision, except in cases of emergency, requires the easy availability or physical presence of the licensed practitioner for consultation and direction of the actions of the radiologic technologist. See Florida Statutes 468.301
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • good moral character: means a personal history of honesty, trustworthiness, fairness, a good reputation for fair dealings, and respect for the rights of others and for the laws of this state and nation. See Florida Statutes 468.525
  • Governmental authority: means a political subdivision, as defined by…. See Florida Statutes 367.021
  • 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
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health access setting: means a program or an institution of the Department of Children and Families, the Department of Health, the Department of Juvenile Justice, a nonprofit community health center, a Head Start center, a federally qualified health center or look-alike as defined by federal law, a school-based prevention program, a clinic operated by an accredited college of dentistry, or an accredited dental hygiene program in this state if such community service program or institution immediately reports to the Board of Dentistry all violations of…. See Florida Statutes 466.003
  • Home: means any residential real property, or manufactured or modular home, which is a single-family dwelling, duplex, triplex, quadruplex, condominium unit, or cooperative unit. See Florida Statutes 468.8311
  • Home inspection services: means a limited visual examination of the following readily accessible installed systems and components of a home: the structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions that affect the structure, for the purposes of providing a written professional opinion of the condition of the home. See Florida Statutes 468.8311
  • Home inspector: means any person who provides or offers to provide home inspection services for a fee or other compensation. See Florida Statutes 468.8311
  • 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
  • Indirect supervision: means supervision whereby a dentist authorizes the procedure and a dentist is on the premises while the procedures are performed. See Florida Statutes 466.003
  • Industrial wastewater: means wastewater not otherwise defined as domestic wastewater, including runoff and leachate from areas that receive pollutants associated with industrial or commercial storage, handling, or processing. See Florida Statutes 367.021
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Internship: means a program in which a person receives clinical experience under the supervision of a licensed orthotist or prosthetist as defined by the board by rule. See Florida Statutes 468.80
  • Intrapartal: means occurring during the process of giving birth. See Florida Statutes 467.003
  • 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.
  • 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.
  • 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
  • Legacy: A gift of property made by will.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license issued by the Department of Business and Professional Regulation to carry on the business of a talent agency under this part. See Florida Statutes 468.401
  • Licensed nutrition counselor: means a person licensed pursuant to…. See Florida Statutes 468.503
  • Licensed practitioner: means a person who is licensed or otherwise authorized by law to practice medicine, podiatric medicine, chiropody, osteopathic medicine, naturopathy, or chiropractic medicine in this state. See Florida Statutes 468.301
  • Licensee: means a talent agency which holds a valid unrevoked and unforfeited license issued under this part. See Florida Statutes 468.401
  • Licensure: means authorization and license granted by the department for a person to engage in the practice of midwifery. See Florida Statutes 467.003
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mandatory courses: means continuing education courses that the board has defined by rule and required for license issuance or renewal. See Florida Statutes 468.80
  • Midwife: means any person not less than 21 years of age, other than a licensed physician or certified nurse midwife, who is licensed under this chapter to supervise the birth of a child. See Florida Statutes 467.003
  • Midwifery: means the practice of supervising the conduct of a normal labor and childbirth, with the informed consent of the parent; the practice of advising the parents as to the progress of the childbirth; and the practice of rendering prenatal and postpartal care. See Florida Statutes 467.003
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • Mold: means an organism of the class fungi that causes disintegration of organic matter and produces spores, and includes any spores, hyphae, and mycotoxins produced by mold. See Florida Statutes 468.8411
  • Mold assessment: means a process performed by a mold assessor that includes the physical sampling and detailed evaluation of data obtained from a building history and inspection to formulate an initial hypothesis about the origin, identity, location, and extent of amplification of mold growth of greater than 10 square feet. See Florida Statutes 468.8411
  • Mold assessor: means any person who performs or directly supervises a mold assessment. See Florida Statutes 468.8411
  • Mold remediation: means the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter of greater than 10 square feet that was not purposely grown at that location; however, such removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, may not be work that requires a license under chapter 489 unless performed by a person who is licensed under that chapter or the work complies with that chapter. See Florida Statutes 468.8411
  • Mold remediator: means any person who performs mold remediation. See Florida Statutes 468.8411
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National organization: means a professional association or registry, approved by the department, that examines, registers, certifies, or approves individuals and educational programs relating to operators of sources of radiation. See Florida Statutes 468.301
  • NESHAP: means the National Emission Standards for Hazardous Air Pollutants, Florida Statutes 469.001
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Normal labor and childbirth: means the physiological process of a healthy woman giving birth to a healthy infant and expelling an intact placenta, without injury, complications, or undue strain to the mother. See Florida Statutes 467.003
  • Nursing home: means an institution or facility licensed as such under part II of chapter 400. See Florida Statutes 468.1655
  • Nursing home administrator: means a person who is licensed to engage in the practice of nursing home administration in this state under the authority of this part. See Florida Statutes 468.1655
  • Nutrition assessment: means the evaluation of the nutrition needs of individuals or groups, using appropriate data to determine nutrient needs or status and make appropriate nutrition recommendations. See Florida Statutes 468.503
  • Nutrition counseling: means advising and assisting individuals or groups on appropriate nutrition intake by integrating information from the nutrition assessment. See Florida Statutes 468.503
  • 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.
  • Official date of filing: means the date upon which it has been determined, pursuant to…. See Florida Statutes 367.021
  • Onsite roofing supervisor: means a person who works under the direction of a roofing contractor certified pursuant to part I of chapter 489 and provides supervision of removal of asbestos-containing roofing materials at the project site at all times when such activities are being performed. See Florida Statutes 469.001
  • Onsite supervisor: means a person who works under the direction of a licensed asbestos contractor and provides supervision of abatement activities at the abatement project site at all times when such activities are being performed. See Florida Statutes 469.001
  • Operation and maintenance plan: means a set of work practices and procedures undertaken to clean up previously released asbestos fibers, prevent future release of fibers by minimizing disturbance or damage to asbestos-containing materials, or monitor the condition of the asbestos-containing materials. See Florida Statutes 469.001
  • Operator: means the person who is or who will be in actual charge of a talent agency. See Florida Statutes 468.401
  • Orthosis: means any medical device used to provide support, correction, or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity but does not include the following assistive technology devices: upper extremity adaptive equipment used to facilitate the activities of daily living, including specialized utensils, combs, and brushes; finger splints; wheelchair seating and equipment that is an integral part of the wheelchair and not worn by the patient; elastic abdominal supports that do not have metal or plastic reinforcing stays; nontherapeutic arch supports; nontherapeutic accommodative inlays and nontherapeutic accommodative footwear, regardless of method of manufacture; unmodified, over-the-counter nontherapeutic shoes; prefabricated nontherapeutic foot care products; durable medical equipment such as canes, crutches, or walkers; dental appliances; or devices implanted into the body by a physician. See Florida Statutes 468.80
  • Orthotic fitter: means a person who is licensed to practice orthotics whose scope of practice is limited to fitting prefabricated cervical orthoses not requiring more than minor modification and not used for the treatment of cervical fractures or dislocations; custom-made and prefabricated compression garments; trusses; custom-molded and noncustom diabetic therapeutic footwear; prefabricated corset or frame-type spinal orthoses, except for those used in the treatment of vertebral fractures or scoliosis, rigid body jackets made of thermoformable materials, and "halo" devices; and prefabricated orthoses of the upper and lower extremities, except for those used in the treatment of bone fractures and open diabetic ulcers. See Florida Statutes 468.80
  • Orthotic fitter assistant: means a person who is licensed to practice orthotics whose scope of practice is limited to fitting, without modification, prefabricated soft cervical orthoses not used for the treatment of cervical fractures or dislocations; prefabricated soft spinal supports not used for treatment of vertebral fractures; prefabricated compression garments; trusses; and soft prefabricated orthoses for the upper and lower extremities not used in the treatment of bone fractures and open diabetic ulcers. See Florida Statutes 468.80
  • Orthotics: means the practice of evaluating, treatment formulating, measuring, designing, fabricating, assembling, fitting, adjusting, servicing, or providing the initial training necessary to accomplish the fitting of an orthosis or pedorthic device. See Florida Statutes 468.80
  • Orthotist: means a person licensed to practice orthotics pursuant to this chapter. See Florida Statutes 468.80
  • OSHA: means the Occupational Safety and Health Administration. See Florida Statutes 469.001
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any partner in a partnership, member of a firm, or principal officer or officers of a corporation, whose partnership, firm, or corporation owns a talent agency, or any individual who is the sole owner of a talent agency. See Florida Statutes 468.401
  • 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.
  • Pedorthic device: means therapeutic shoes, shoe modifications made for therapeutic purposes, nondynamic prosthetic fillers of the forefoot, and foot orthoses for use on the human foot limited anatomically to that part distal to the maleoli. See Florida Statutes 468.80
  • Pedorthics: means the practice of evaluating, treatment formulating, measuring, designing, fabricating, assembling, fitting, adjusting, servicing, or providing the initial training necessary to accomplish the fitting of a pedorthic device. See Florida Statutes 468.80
  • Pedorthist: means a person licensed to practice pedorthics pursuant to this chapter. See Florida Statutes 468.80
  • Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state or any other state, or political subdivision of any agency thereof and any legal successor, representative, agent, or agency of the foregoing. See Florida Statutes 468.301
  • Person: means any individual, company, society, firm, partnership, association, corporation, manager, or any agent or employee of any of the foregoing. See Florida Statutes 468.401
  • 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 licensed to practice medicine as authorized in chapter 458 or chapter 459. See Florida Statutes 467.003
  • Physician supervision: means supervision and control by a physician licensed under chapter 458 or chapter 459 who assumes the legal liability for the services rendered by the personnel employed in his or her office. See Florida Statutes 468.352
  • Plans examiner: means a person who is qualified to determine that plans submitted for purposes of obtaining building and other permits comply with the applicable building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other applicable construction codes. See Florida Statutes 468.603
  • 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.
  • Pole: means a pole used for electric distribution service, streetlights, communications services, local exchange services, or cable television services which is owned in whole or in part by a pole owner. See Florida Statutes 366.02
  • Pole attachment: means any attachment by a public utility, local exchange carrier communications services provider, broadband provider, or cable television operator to a pole, duct, conduit, or right-of-way owned or controlled by a pole owner. See Florida Statutes 366.02
  • Pole owner: means a local exchange carrier, a public utility, a communications services provider, or a cable television operator that owns a pole. See Florida Statutes 366.02
  • Policy: means a written contract of insurance or written agreement for or effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements, and papers that are a part thereof. See Florida Statutes 627.402
  • 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
  • postpartum: means existing or occurring subsequent to birth. See Florida Statutes 467.003
  • 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 audiology: means the application of principles, methods, and procedures for the prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction, treatment, and research, relative to hearing and the disorders of hearing, and to related language and speech disorders. See Florida Statutes 468.1125
  • Practice of nursing home administration: means any service requiring nursing home administration education, training, or experience and the application of such to the planning, organizing, staffing, directing, and controlling of the total management of a nursing home. See Florida Statutes 468.1655
  • Practice of speech-language pathology: means the application of principles, methods, and procedures for the prevention, identification, evaluation, treatment, consultation, habilitation, rehabilitation, instruction, and research, relative to the development and disorders of human communication; to related oral and pharyngeal competencies; and to behavior related to disorders of human communication. See Florida Statutes 468.1125
  • 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.
  • Preceptor: means a physician licensed under chapter 458 or chapter 459, a midwife licensed under this chapter, or a certified nurse midwife licensed under chapter 464 who has a minimum of 3 years' professional experience and who directs, teaches, supervises, and evaluates the learning experiences of a student midwife as part of an approved midwifery program. See Florida Statutes 467.003
  • Prelicensure course: means a course of study, offered by an accredited midwifery program and approved by the department, which an applicant for licensure must complete before a license may be issued and which provides instruction in the laws and rules of this state and demonstrates the student's competency to practice midwifery under this chapter. See Florida Statutes 467.003
  • Preprofessional experience component: means a planned and continuous supervised practice experience in dietetics or nutrition. See Florida Statutes 468.503
  • 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.
  • Project designer: means a person who works under the direction of a licensed asbestos consultant and engages in the design of project specifications for asbestos abatement projects. See Florida Statutes 469.001
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prosthesis: means a medical device used to replace a missing appendage or other external body part, including an artificial limb, hand, or foot. See Florida Statutes 468.80
  • Prosthetics: means the practice of evaluating, treatment formulating, measuring, designing, fabricating, assembling, fitting, adjusting, servicing, or providing the initial training necessary to accomplish the fitting of a prosthesis. See Florida Statutes 468.80
  • Prosthetist: means a person licensed to practice prosthetics pursuant to this chapter. See Florida Statutes 468.80
  • Prosthetist-orthotist: means a person licensed to practice as a prosthetist and as an orthotist. See Florida Statutes 468.80
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public utility: means every person, corporation, partnership, association, or other legal entity and their lessees, trustees, or receivers supplying electricity or gas (natural, manufactured, or similar gaseous substance) to or for the public within this state; but the term "public utility" does not include either a cooperative now or hereafter organized and existing under the Rural Electric Cooperative Law of the state; a municipality or any agency thereof; any dependent or independent special natural gas district; any natural gas transmission pipeline company making only sales or transportation delivery of natural gas at wholesale and to direct industrial consumers; any entity selling or arranging for sales of natural gas which neither owns nor operates natural gas transmission or distribution facilities within the state; or a person supplying liquefied petroleum gas, in either liquid or gaseous form, irrespective of the method of distribution or delivery, or owning or operating facilities beyond the outlet of a meter through which natural gas is supplied for compression and delivery into motor vehicle fuel tanks or other transportation containers, unless such person also supplies electricity or manufactured or natural gas. See Florida Statutes 366.02
  • Quorum: The number of legislators that must be present to do business.
  • Radiation: means X rays and gamma rays, alpha and beta particles, high-speed electrons, neutrons, and other nuclear particles. See Florida Statutes 468.301
  • Radiologic technologist: means a person, other than a licensed practitioner, who is qualified by education, training, or experience, as more specifically defined in…. See Florida Statutes 468.301
  • Radiologist: means a physician specializing in radiology certified by or eligible for certification by the American Board of Radiology or the American Osteopathic Board of Radiology, the British Royal College of Radiology, or the Canadian College of Physicians and Surgeons. See Florida Statutes 468.301
  • Radiologist assistant: means a person, other than a licensed practitioner, who is qualified by education and certification, as set forth in…. See Florida Statutes 468.301
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • 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
  • Redundant pole: means a pole owned or controlled by a pole owner which is:
    (a) Near or adjacent to a new pole that is intended to replace the old pole from which some or all of the pole attachments have not been removed and transferred to the new pole;
    (b) Left standing after the pole owner has relocated its facilities to underground but on which pole attachments of other attaching entities remain; or
    (c) Left standing after a pole owner's attachments have been removed from that route or location to accommodate a new route or design for the delivery of service. See Florida Statutes 366.02
  • registered mail: includes certified mail with return receipt requested. See Florida Statutes 1.01
  • Registered respiratory therapist: means any person licensed under this part who is registered by the National Board for Respiratory Care or its successor, and who is employed to deliver respiratory care services under the order of a physician licensed under chapter 458 or chapter 459, in accordance with protocols established by a hospital or other health care provider or the board, and who functions in situations of unsupervised patient contact requiring individual judgment. See Florida Statutes 468.352
  • 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.
  • Resident: means a person registered to practice orthotics or prosthetics under the supervision of a licensed orthotist or prosthetist as defined by the board by rule. See Florida Statutes 468.80
  • Respiratory care practitioner: means any person licensed under this part who is employed to deliver respiratory care services, under direct supervision, pursuant to the order of a physician licensed under chapter 458 or chapter 459. See Florida Statutes 468.352
  • Respiratory care services: includes :
    (a) Evaluation and disease management. See Florida Statutes 468.352
  • respiratory therapy: means the allied health specialty associated with the cardiopulmonary system that is practiced under the orders of a physician licensed under chapter 458 or chapter 459 and in accordance with protocols, policies, and procedures established by a hospital or other health care provider or the board, including the assessment, diagnostic evaluation, treatment, management, control, rehabilitation, education, and care of patients in all care settings. See Florida Statutes 468.352
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Service area: means the geographical area described in a certificate of authorization, which may be within or without the boundaries of an incorporated municipality and may include areas in more than one county. See Florida Statutes 367.021
  • 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.
  • Specialty technologist: means a person, other than a licensed practitioner, who is qualified by education and certification, as set forth in…. See Florida Statutes 468.301
  • Speech-language pathologist: means a person licensed under this part to practice speech pathology. See Florida Statutes 468.1125
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stillbirth: means the death of a fetus of more than 20 weeks' gestation. See Florida Statutes 467.003
  • Subpoena: A command to a witness to appear and give testimony.
  • Survey: means the process of inspecting a facility for the presence of asbestos-containing materials to determine the location and condition of asbestos-containing materials prior to transfer of property, renovation, demolition, or maintenance projects which may disturb asbestos-containing materials. See Florida Statutes 469.001
  • System: means facilities and land used or useful in providing service and, upon a finding by the commission, may include a combination of functionally related facilities and land. See Florida Statutes 367.021
  • Talent agency: means any person who, for compensation, engages in the occupation or business of procuring, or attempting to procure, engagements for an artist. See Florida Statutes 468.401
  • Telecommunications company: includes every corporation, partnership, and person and their lessees, trustees, or receivers appointed by any court whatsoever, and every political subdivision in the state, offering two-way telecommunications service to the public for hire within this state by the use of a telecommunications facility. See Florida Statutes 364.02
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Therapeutic: means designed and fabricated to provide support, correction, or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. See Florida Statutes 468.80
  • 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.
  • 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.
  • 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.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Utility: means a water or wastewater utility and, except as provided in…. See Florida Statutes 367.021
  • 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
  • Wastewater: means the combination of the liquid and water-carried pollutants from a residence, commercial building, industrial plant, or institution, together with any groundwater, surface runoff, or leachate that may be present. See Florida Statutes 367.021
  • 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