Terms Used In Florida Statutes > Chapter 620 > Part I - Florida Revised Uniform Limited Partnership Act of 2005

• Accident: means only an unexpected or unusual event or result that happens suddenly. See Florida Statutes 440.02
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Active pharmaceutical ingredient: includes any substance or mixture of substances intended, represented, or labeled for use in drug manufacturing that furnishes or is intended to furnish, in a finished dosage form, any pharmacological activity or other direct effect in the diagnosis, cure, mitigation, treatment, therapy, or prevention of disease in humans or other animals, or to affect the structure or any function of the body of humans or animals. See Florida Statutes 499.003
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• adopted: means legal adoption prior to the time of the injury. See Florida Statutes 440.02
• Adulterated: means a medical gas that:
  (a) Consists, in whole or in part, of impurities or deleterious substances exceeding normal specifications;
  (b) Is produced, prepared, packed, or held under conditions whereby the medical gas may have been contaminated causing it to be rendered injurious to health; or if the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practices to ensure that the medical gas meets the requirements of this part as to safety and has the identity and strength and meets the quality and purity characteristics that the medical gas is represented to possess;
  (c) Is held in a container with an interior that is composed in whole or in part of a poisonous or deleterious substance that may render the contents injurious to health; or
  (d) Is represented as having a strength differing from, or quality or purity falling below, the standard set forth in the USP-NF. See Florida Statutes 499.82
• Advertisement: means any representation disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of drugs, devices, or cosmetics. See Florida Statutes 499.003
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: means a business entity that has a relationship with another business entity in which, directly or indirectly:
  (a) The business entity controls, or has the power to control, the other business entity; or
  (b) A third party controls, or has the power to control, both business entities. See Florida Statutes 499.003
• Affiliate: means a legal entity that controls, is controlled by, or is under common control with another legal entity or that shares common branding with another legal entity. See Florida Statutes 501.702
• affiliated: includes , but is not limited to, the officers, directors, executives, shareholders active in management, employees, and agents of the affiliated corporation. See Florida Statutes 440.02
• Affiliated party: means :
  (a) A director, officer, trustee, partner, or committee member of a permittee or applicant or a subsidiary or service corporation of the permittee or applicant;
  (b) A person who, directly or indirectly, manages, controls, or oversees the operation of a permittee or applicant, regardless of whether such person is a partner, shareholder, manager, member, officer, director, independent contractor, or employee of the permittee or applicant;
  (c) A person who has filed or is required to file a personal information statement pursuant to…. See Florida Statutes 499.003
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Aftermarket crash part: means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels. See Florida Statutes 501.32
• Agency: means the Agency for Health Care Administration. See Florida Statutes 440.02
• Aggregate consumer information: means information that relates to a group or category of consumers from which the identity of an individual consumer has been removed and is not reasonably capable of being directly or indirectly associated or linked with any consumer, household, or device. See Florida Statutes 501.702
• Agreement materials: means those materials licensed by the state, under agreement with the United States Nuclear Regulatory Commission or its successor agency, which include byproduct, source, or special nuclear materials in a quantity not sufficient to form a critical mass, as defined by the Atomic Energy Act of 1954, as amended. See Florida Statutes 404.031
• Agreement state: means any state which has consummated an agreement with the United States Nuclear Regulatory Commission under the authority of…. See Florida Statutes 404.031
• agricultural labor: includes field foremen, timekeepers, checkers, and other farm labor supervisory personnel. See Florida Statutes 440.02
• Allegation: something that someone says happened.
• Alternative container: means an unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and that is made of fiberboard, pressed wood, composition materials (with or without an outside covering), or like materials. See Florida Statutes 497.005
• 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.
• Applicant: means a person applying for a permit or certification under this part. See Florida Statutes 499.003
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• articles of incorporation: as used in this chapter shall be deemed to include the articles of conversion of a converted corporation. See Florida Statutes 425.17
• 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.
• authenticated: means to verify or the state of having been verified, respectively, through reasonable means that the consumer who is entitled to exercise the consumer's rights under…. See Florida Statutes 501.702
• Bank of belowground crypts: means any construction unit of belowground crypts that is acceptable to the department and that a cemetery uses to initiate its belowground crypt program or to add to existing belowground crypt structures. See Florida Statutes 497.005
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Belowground crypts: consist of interment space in preplaced chambers, either side by side or multiple depth, covered by earth and sod and known also as "lawn crypts" "westminsters" or "turf-top crypts. See Florida Statutes 497.005
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means a natural person expressly identified in a preneed contract as the person for whom funeral merchandise or services are intended. See Florida Statutes 497.005
• Bequest: Property gifted by will.
• Biometric data: means data generated by automatic measurements of an individual's biological characteristics. See Florida Statutes 501.702
• blood: means whole blood collected from a single donor and processed for transfusion or further manufacturing, and the term "blood components" means that part of the blood separated by physical or mechanical means. See Florida Statutes 499.003
• Board: means the Board of Funeral, Cemetery, and Consumer Services. See Florida Statutes 497.005
• 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).
• Bulk milk pickup tanker: means a vehicle, including the truck and tank and those appurtenances necessary for its use, that is used to transport bulk raw milk for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processing after packaging from a dairy farm to a milk plant, receiving station, or transfer station. See Florida Statutes 502.012
• Burial right: means the right to use a grave space, mausoleum, columbarium, ossuary, or scattering garden for the interment, entombment, inurnment, or other disposition of human remains or cremated remains. See Florida Statutes 497.005
• butterfat: means the fat contained in milk. See Florida Statutes 502.012
• Byproduct material: means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. See Florida Statutes 404.031
• Care and maintenance: means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments in a well-cared-for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community. See Florida Statutes 497.005
• carrier: as used in this chapter , means an insurer as defined in this subsection. See Florida Statutes 440.02
• Casket: means a rigid container that is designed for the encasement of human remains and that is usually constructed of wood or metal, ornamented, and lined with fabric. See Florida Statutes 497.005
• Cemetery: means a place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains. See Florida Statutes 497.005
• Cemetery company: means any legal entity that owns or controls cemetery lands or property. See Florida Statutes 497.005
• Centralized embalming facility: means a facility in which embalming takes place that operates independently of a funeral establishment licensee and that offers embalming services to funeral directors for a fee. See Florida Statutes 497.005
• Certificate of free sale: means a document prepared by the department which certifies a drug or device that is registered with the department as one that can be legally sold in the state. See Florida Statutes 499.003
• Chambers: A judge's office.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child: includes a posthumous child, a child legally adopted prior to the injury of the employee, and a stepchild or acknowledged child born out of wedlock dependent upon the deceased, but does not include married children unless wholly dependent on the employee. See Florida Statutes 440.02
• Child: means an individual younger than 18 years of age. See Florida Statutes 501.702
• Child care: means the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care. See Florida Statutes 402.302
• Child care facility: includes any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. See Florida Statutes 402.302
• Child care personnel: means all owners, operators, employees, and volunteers working in a child care facility. See Florida Statutes 402.302
• Child welfare provider: means a licensed child-caring or child-placing agency. See Florida Statutes 402.302
• Cinerator: means a facility where dead human bodies are subjected to cremation. See Florida Statutes 497.005
• Closed pharmacy: means a pharmacy that is licensed under chapter 465 and purchases prescription drugs for use by a limited patient population and not for wholesale distribution or sale to the public. See Florida Statutes 499.003
• Color: includes black, white, and intermediate grays. See Florida Statutes 499.003
• Color additive: means , with the exception of any material that has been or hereafter is exempt under the federal act, a material that:
  (a) Is a dye pigment, or other substance, made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity from a vegetable, animal, mineral, or other source; or
  (b) When added or applied to a drug or cosmetic or to the human body, or any part thereof, is capable alone, or through reaction with other substances, of imparting color thereto. See Florida Statutes 499.003
• Columbarium: means a structure or building that is substantially exposed above the ground and that is intended to be used for the inurnment of cremated remains. See Florida Statutes 497.005
• Commercial low-level radioactive waste management facility: means a parcel of land, together with the structures, equipment, and improvements thereon or appurtenant thereto, which is used or is being developed by a person for the treatment, storage, or disposal of low-level radioactive waste other than that person's own generated waste. See Florida Statutes 404.031
• Commercial low-level radioactive waste management license: means a specific license issued, after application, to a person to construct, operate, or provide for the closure and stabilization of a treatment, storage, or disposal facility in order to treat, store, or dispose of low-level radioactive waste other than that person's own generated waste. See Florida Statutes 404.031
• Commercial telephone seller: means a person who engages in commercial telephone solicitation on his or her own behalf or through salespersons. See Florida Statutes 501.603
• Commercial telephone solicitation: means :
  (a) An unsolicited telephone call to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine used in accordance with the provisions of…. See Florida Statutes 501.603
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• Common business enterprise: means a group of two or more business entities that share common ownership in excess of 50 percent. See Florida Statutes 497.005
• common control: means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, by voting rights, by contract, or otherwise. See Florida Statutes 499.003
• 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 money allowance payable to an employee or to his or her dependents as provided for in this chapter. See Florida Statutes 440.02
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction design professional: means an architect, professional engineer, landscape architect, or surveyor and mapper, or any corporation, professional or general, that has a certificate to practice in the construction design field from the Department of Business and Professional Regulation. See Florida Statutes 440.02
• Construction industry: means for-profit activities involving any building, clearing, filling, excavation, or substantial improvement in the size or use of any structure or the appearance of any land. See Florida Statutes 440.02
• Consumer: means an individual; child, by and through its parent or legal guardian; business; firm; association; joint venture; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; any commercial entity, however denominated; or any other group or combination. See Florida Statutes 501.203
• Consumer: means an individual who is a resident of or is domiciled in this state acting only in an individual or household context. See Florida Statutes 501.702
• Consumer goods or services: means any real property or any tangible or intangible personal property which is normally used for personal, family, or household purposes or any property of any nature which is solicited for the purpose of providing a profit or investment opportunity, including, without limitation, any such property intended to be attached to or installed in any real property, without regard to whether it is so attached or installed, as well as timeshare estates and licenses, and any services related to such property. See Florida Statutes 501.603
• Continuance: Putting off of a hearing ot trial until a later time.
• Contraband prescription drug: means any adulterated drug, as defined in…. See Florida Statutes 499.003
• Contract: A legal written agreement that becomes binding when signed.
• Control: means the possession, directly or indirectly, through the ownership of voting shares, by contract, arrangement, understanding, relationship, or otherwise, of the power to direct or cause the direction of the management and policies of a person or entity. See Florida Statutes 497.005
• control: means :
  1. See Florida Statutes 501.702
• controlled: means any of the following:
  (a) The ownership of, or power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company. See Florida Statutes 501.702
• Controller: means :
  (a) A sole proprietorship, partnership, limited liability company, corporation, association, or legal entity that meets the following requirements:

  1. See Florida Statutes 501.702
• 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.
• Cosmetic: means an article, with the exception of soap, that is:
  (a) Intended to be rubbed, poured, sprinkled, or sprayed on; introduced into; or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance; or
  (b) Intended for use as a component of any such article. See Florida Statutes 499.003
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• Cremated remains: means all the remains of the human body recovered after the completion of the cremation process, including processing or pulverization that leaves only bone fragments reduced to unidentifiable dimensions and may include the residue of any foreign matter, including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Florida Statutes 497.005
• Cremation: means any mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments. See Florida Statutes 497.005
• Cremation chamber: means the enclosed space within which the cremation process takes place. See Florida Statutes 497.005
• Cremation container: means the casket or alternative container in which the human remains are transported to and placed in the cremation chamber for a cremation. See Florida Statutes 497.005
• Cremation interment container: means a rigid outer container that, subject to a cemetery's rules and regulations, is composed of concrete, steel, fiberglass, or some similar material in which an urn is placed prior to being interred in the ground and that is designed to support the earth above the urn. See Florida Statutes 497.005
• Customer: includes a customer's designated agent. See Florida Statutes 501.975
• Dairy farm: means any place or premises where one or more lactating animals, including cows, goats, sheep, water buffalo, or other hooved mammals, are kept for milking purposes, and from which a part or all of the milk is provided, sold, or offered for sale. See Florida Statutes 502.012
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dark pattern: means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decisionmaking, or choice. See Florida Statutes 501.702
• Date of maximum medical improvement: means the date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability. See Florida Statutes 440.02
• dead human bodies: means the body of a deceased human person for which a death certificate or fetal death certificate is required under chapter 382 and includes the body in any stage of decomposition. See Florida Statutes 497.005
• Dealer: means any person, firm, corporation, or other entity selling, brokering, or transferring ether to anyone other than a licensed ether manufacturer, distributor, or dealer. See Florida Statutes 499.61
• Dealer: means a motor vehicle dealer as defined in…. See Florida Statutes 501.975
• Decedent: A deceased person.
• Decision that produces a legal or similarly significant effect concerning a consumer: means a decision made by a controller which results in the provision or denial by the controller of any of the following:
  (a) Financial and lending services. See Florida Statutes 501.702
• 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.
• Deidentified data: means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual. See Florida Statutes 501.702
• Demand letter: means a written communication, including e-mail, asserting or claiming that a person has engaged in patent infringement. See Florida Statutes 501.992
• Department: means the Department of Children and Families. See Florida Statutes 402.302
• Department: means the Department of Health. See Florida Statutes 404.031
• Department: means the Department of Financial Services; the term does not include the Financial Services Commission or any office of the commission. See Florida Statutes 440.02
• Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 502.012
• Department: means the Department of Financial Services. See Florida Statutes 497.005
• Department: means the Department of Legal Affairs. See Florida Statutes 501.203
• Department: means the Department of Business and Professional Regulation. See Florida Statutes 499.003
• Department: means the Department of Business and Professional Regulation. See Florida Statutes 499.61
• Department: means the Department of Business and Professional Regulation. See Florida Statutes 499.82
• Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 501.603
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Device: means any instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including its components, parts, or accessories, which is:
  (a) Recognized in the current edition of the United States Pharmacopoeia and National Formulary, or any supplement thereof,
  (b) Intended for use in the diagnosis, cure, mitigation, treatment, therapy, or prevention of disease in humans or other animals, or
  (c) Intended to affect the structure or any function of the body of humans or other animals,

  and that does not achieve any of its principal intended purposes through chemical action within or on the body of humans or other animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes. See Florida Statutes 499.003

• Devise: To gift property by will.
• Direct disposal establishment: means a facility licensed under this chapter where a direct disposer practices direct disposition. See Florida Statutes 497.005
• Direct disposer: means any person licensed under this chapter to practice direct disposition in this state. See Florida Statutes 497.005
• Direct supervision: means supervision by a licensed:
  (a) Funeral director who provides initial direction and periodic inspection of the arrangements and who is physically present or on the premises of the funeral establishment at all times when the tasks, functions, and duties relating to funeral directing are performed; or
  (b) Embalmer who provides initial direction and instruction regarding the preservation of a dead human body in its entirety or in part and who is physically present or on the premises of the funeral establishment or embalming facility at all times when the tasks, functions, and duties relating to embalming are performed. See Florida Statutes 497.005
• Director: means the director of the Division of Funeral, Cemetery, and Consumer Services. See Florida Statutes 497.005
• Disability: means incapacity because of the injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury. See Florida Statutes 440.02
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disinterment: means removal of a dead human body from earth interment or aboveground interment. See Florida Statutes 497.005
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• distribution: means to sell, purchase, trade, deliver, handle, store, or receive. See Florida Statutes 499.003
• distribution: means to sell; offer to sell; deliver; offer to deliver; transfer by either the passage of title, physical movement, or both; broker; or give away a medical gas. See Florida Statutes 499.82
• Distributor: means any person, firm, corporation, or other entity distributing, selling, marketing, transferring, or otherwise supplying ether to retailers, dealers, or any other entity in the primary channel of trade, but does not include retailers. See Florida Statutes 499.61
• Division: means the Division of Workers' Compensation of the Department of Financial Services. See Florida Statutes 440.02
• Division: means the Division of Funeral, Cemetery, and Consumer Services within the Department of Financial Services. See Florida Statutes 497.005
• Docket: A log containing brief entries of court proceedings.
• Domestic individual self-insurer: means an individual self-insurer:
  (a) Which is a corporation formed under the laws of this state;
  (b) Who is an individual who is a resident of this state or whose primary place of business is located in this state; or
  (c) Which is a partnership whose principals are residents of this state or whose primary place of business is located in this state. See Florida Statutes 440.02
• Donor: The person who makes a gift.
• Drug: means an article that is:
  (a) Recognized in the current edition of the United States Pharmacopoeia and National Formulary, official Homeopathic Pharmacopoeia of the United States, or any supplement to any of those publications;
  (b) Intended for use in the diagnosis, cure, mitigation, treatment, therapy, or prevention of disease in humans or other animals;
  (c) Intended to affect the structure or any function of the body of humans or other animals; or
  (d) Intended for use as a component of any article specified in paragraph (a), paragraph (b), or paragraph (c), and includes active pharmaceutical ingredients, but does not include devices or their nondrug components, parts, or accessories. See Florida Statutes 499.003
• Embalmer: means any person licensed under this chapter to practice embalming in this state. See Florida Statutes 497.005
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency: means any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency, and further means any condition existing within or outside the jurisdictional confines of a facility licensed by the department and arising from byproduct material, source material, special nuclear materials, or other radioactive materials, which is endangering, or could reasonably be expected to endanger, the health and safety of the public or to contaminate the environment. See Florida Statutes 404.031
• Emergency medical reasons: include :
  (a) Transfers between wholesale distributors or between a wholesale distributor and a retail pharmacy or health care entity to alleviate a temporary shortage of a medical gas arising from a long-term delay or interruption of regular distribution schedules. See Florida Statutes 499.82
• Emergency use oxygen: means oxygen USP administered in emergency situations without a prescription for oxygen deficiency and resuscitation. See Florida Statutes 499.82
• Employee: includes any person who is an officer of a corporation and who performs services for remuneration for such corporation within this state, whether or not such services are continuous. See Florida Statutes 440.02
• Employer: means the state and all political subdivisions thereof, all public and quasi-public corporations therein, every person carrying on any employment, and the legal representative of a deceased person or the receiver or trustees of any person. See Florida Statutes 440.02
• Employment: includes :
  1. See Florida Statutes 440.02
• Enforcing authority: means the office of the state attorney if a violation of this part occurs in or affects the judicial circuit under the office's jurisdiction. See Florida Statutes 501.203
• Enforcing authority: means the Department of Agriculture and Consumer Services or the office of the state attorney if a violation of this part occurs in or affects the judicial circuit under the jurisdiction of the office of the state attorney. See Florida Statutes 501.603
• 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.
• Establishment: means a place of business which is at one general physical location and may extend to one or more contiguous suites, units, floors, or buildings operated and controlled exclusively by entities under common operation and control. See Florida Statutes 499.003
• Ether: means diethyl ether in any form. See Florida Statutes 499.61
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fair market value: means the fair market value of assets held by a trust as of a specific date, assuming all assets of the trust are sold on that specific date. See Florida Statutes 497.005
• Family day care home: means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. See Florida Statutes 402.302
• farm: includes stock, dairy, poultry, fruit, fur-bearing animals, fish, and truck farms, ranches, nurseries, and orchards. See Florida Statutes 440.02
• Federal act: means the Federal Food, Drug, and Cosmetic Act, 21 U. See Florida Statutes 499.003
• Federal act: means the Federal Food, Drug, and Cosmetic Act. See Florida Statutes 499.82
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Final disposition: means the final disposal of a dead human body by earth interment, aboveground interment, cremation, burial at sea, anatomical donation, or delivery to a medical institution for lawful dissection if the medical institution or entity receiving the anatomical donation assumes responsibility for disposition after use pursuant to…. See Florida Statutes 497.005
• Final judgment: means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired. See Florida Statutes 501.203
• 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}
• Foreign individual self-insurer: means an individual self-insurer:
  (a) Which is a corporation formed under the laws of any state, district, territory, or commonwealth of the United States other than this state;
  (b) Who is an individual who is not a resident of this state and whose primary place of business is not located in this state; or
  (c) Which is a partnership whose principals are not residents of this state and whose primary place of business is not located in this state. See Florida Statutes 440.02
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Freight forwarder: means a person who receives prescription drugs which are owned by another person and designated by that person for export, and exports those prescription drugs. See Florida Statutes 499.003
• Frozen dessert: means a specific standardized frozen dessert described in Florida Statutes 502.012
• Funeral director: means any person licensed under this chapter to practice funeral directing in this state. See Florida Statutes 497.005
• Funeral establishment: means a facility licensed under this chapter where a funeral director or embalmer practices funeral directing or embalming. See Florida Statutes 497.005
• funeral service: means the observances, services, or ceremonies held to commemorate the life of a specific deceased human being and at which the human remains are present. See Florida Statutes 497.005
• General supervision: means supervision by a licensed:
  (a) Funeral director who is reasonably available and in a position to provide direction and guidance by being physically present, being on the premises of the funeral establishment, or being in proximity to the funeral establishment and available telephonically or by electronic communication at all times when the tasks, functions, and duties relating to funeral directing are performed; or
  (b) Embalmer who is reasonably available and in a position to provide direction and guidance by being physically present, being on the premises of the funeral establishment or embalming facility, or being in proximity to the funeral establishment or embalming facility and available telephonically or by electronic communication at all times when the tasks, functions, and duties relating to embalming are performed. See Florida Statutes 497.005
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grandchild: means a child as above defined of a child as above defined. See Florida Statutes 440.02
• Grantor: The person who establishes a trust and places property into it.
• Grave space: means a space of ground in a cemetery intended to be used for the interment in the ground of human remains. See Florida Statutes 497.005
• 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 entity: means a closed pharmacy or any person, organization, or business entity that provides diagnostic, medical, surgical, or dental treatment or care, or chronic or rehabilitative care, but does not include any wholesale distributor or retail pharmacy licensed under state law to deal in prescription drugs. See Florida Statutes 499.003
• Health care facility: means a health care facility licensed under chapter 395. See Florida Statutes 499.003
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Hospice: means a corporation licensed under part IV of chapter 400. See Florida Statutes 499.003
• Hospital: means a facility as defined in…. See Florida Statutes 499.003
• Identified or identifiable individual: means a consumer who can be readily identified, directly or indirectly. See Florida Statutes 501.702
• Income: means earnings on trust assets, including interest, dividends, and other income earned on the principal. See Florida Statutes 497.005
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• individual: includes both natural persons and legal entities. See Florida Statutes 497.005
• Individual: means a single human being and does not mean a firm, association of individuals, corporation, partnership, joint venture, sole proprietorship, or any other entity. See Florida Statutes 501.603
• Individual self-insurer: means any employer who has secured payment of compensation pursuant to…. See Florida Statutes 440.02
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Injury: means personal injury or death by accident arising out of and in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury. See Florida Statutes 440.02
• insolvent: means :
  (a) With respect to an individual self-insurer:

  1. See Florida Statutes 440.02
• Insolvent member: means an individual self-insurer which is a member of the Florida Self-Insurers Guaranty Association, Incorporated, or which was a member and has withdrawn pursuant to…. See Florida Statutes 440.02
• Institution of higher education: means an educational institution as defined in Florida Statutes 501.992
• Insurer: means a group self-insurers' fund authorized by…. See Florida Statutes 440.02
• Insurer: includes an insurance company and any person authorized to represent the insurer with respect to a claim and who is parting within the scope of the person's authority. See Florida Statutes 501.32
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Inter vivos: Transfer of property from one living person to another living person.
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Ionizing radiation: means gamma rays and X rays, alpha and beta particles, high-speed electrons, protons, neutrons, and other nuclear particles, but not sound or radio waves or infrared, ultraviolet, or visible light. See Florida Statutes 404.031
• 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.
• Known child: means a child under circumstances of which a controller has actual knowledge of, or willfully disregards, the child's age. See Florida Statutes 501.702
• Label: means a display of written, printed, or graphic matter upon the immediate container of any drug, device, or cosmetic. See Florida Statutes 499.003
• Labeling: means all labels and other written, printed, or graphic matters:
  (a) Upon a drug, device, or cosmetic, or any of its containers or wrappers; or
  (b) Accompanying or related to such drug, device, or cosmetic. See Florida Statutes 499.003
• Large family child care home: means an occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises during the hours of operation. See Florida Statutes 402.302
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legally authorized person: means , in the priority listed:
  1. See Florida Statutes 497.005
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: includes all authorizations required or issued under this chapter, except where expressly indicated otherwise, and shall be understood to include authorizations previously referred to as registrations or certificates of authority in chapters 470 and 497 as those chapters appeared in the 2004 edition of the Florida Statutes. See Florida Statutes 497.005
• Licensee: means the person or entity holding any license or other authorization issued under this chapter, except where expressly indicated otherwise. See Florida Statutes 497.005
• 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.
• Manufacture: means the preparation, deriving, compounding, propagation, processing, producing, or fabrication of any drug, device, or cosmetic. See Florida Statutes 499.003
• Manufacturer: means :
  (a) A person who holds a New Drug Application, an Abbreviated New Drug Application, a Biologics License Application, or a New Animal Drug Application approved under the federal act or a license issued under…. See Florida Statutes 499.003
• Manufacturer: means any person, firm, corporation, or other entity preparing, deriving, producing, synthesizing, or otherwise making ether in any form or repacking, relabeling, or manipulating ether. See Florida Statutes 499.61
• Mausoleum: means a structure or building that is substantially exposed above the ground and that is intended to be used for the entombment of human remains. See Florida Statutes 497.005
• Mausoleum section: means any construction unit of a mausoleum that is acceptable to the department and that a cemetery uses to initiate its mausoleum program or to add to its existing mausoleum structures. See Florida Statutes 497.005
• mechanism: means a system that is purchased by a person on a prepaid basis, that enables access to the funds via an authorization code or other security measure, and that is not directly used as a general-use prepaid card. See Florida Statutes 501.603
• Medical convenience kit: means packages or units that contain combination products as defined in Florida Statutes 499.003
• Medical gas: means any liquefied or vaporized gas that is a prescription drug, whether alone or in combination with other gases, and as defined in the federal act. See Florida Statutes 499.003
• Medical gas: means a liquefied or vaporized gas that is a prescription drug, whether alone or in combination with other gases, and as defined in the federal act. See Florida Statutes 499.82
• Medical gas-related equipment: means a device used as a component part or accessory used to contain or control the flow, delivery, or pressure during the administration of a medical gas, such as liquid oxygen base and portable units, pressure regulators and flow meters, and oxygen concentrators. See Florida Statutes 499.82
• Medical oxygen: means oxygen USP which must be labeled in compliance with labeling requirements for oxygen under the federal act. See Florida Statutes 499.82
• merchandise: means any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains, including, but not limited to, caskets, outer burial containers, alternative containers, cremation containers, cremation interment containers, urns, monuments, private mausoleums, flowers, benches, vases, acknowledgment cards, register books, memory folders, prayer cards, and clothing. See Florida Statutes 497.005
• Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, goats, sheep, water buffalo, or other hooved mammals. See Florida Statutes 502.012
• Milk distributor: means any person who offers for sale or sells to another person any milk or milk product. See Florida Statutes 502.012
• Milk hauler: means any person who transports raw milk or raw milk products to or from a milk plant, receiving station, or transfer station. See Florida Statutes 502.012
• Milk plant: means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, ultra-pasteurized, aseptically processed and packaged, retort processed after packaging, condensed, dried, packaged, bottled, or prepared for distribution. See Florida Statutes 502.012
• Milk plant operator: means any person responsible for receiving, processing, pasteurizing, or packaging milk and milk products, or performing any other related operation. See Florida Statutes 502.012
• Milk products: means products made with milk that is processed in some manner, including being whipped, acidified, cultured, concentrated, lactose-reduced, or sodium-reduced or aseptically processed, or having the addition or subtraction of milkfat, the addition of safe and suitable microbial organisms, or the addition of safe and suitable optional ingredients for protein, vitamin, or mineral fortification. See Florida Statutes 502.012
• Milk tank truck: means either a bulk milk pickup tanker or a milk transport tank. See Florida Statutes 502.012
• Milk transport tank: means a vehicle, including the truck and tank, used by a bulk milk hauler/sampler or a milk hauler to transport bulk shipments of milk from a milk plant, receiving station, or transfer station to another milk plant, receiving station, or transfer station. See Florida Statutes 502.012
• minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
• Misbranded: means having a label that is false or misleading; a label without the name and address of the manufacturer, packer, or distributor and without an accurate statement of the quantities of active ingredients; or a label without an accurate monograph for the medical gas, except in the case of mixtures of designated medical gases where the label identifies the component percentages of each designated medical gas used to make the mixture. See Florida Statutes 499.82
• Misconduct: includes , but is not limited to, the following, which shall not be construed in pari materia with each other:
  (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of the employee; or
  (b) Carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of an employer's interests or of the employee's duties and obligations to the employer. See Florida Statutes 440.02
• money transfer provider: means a person or financial institution that provides cash-to-cash money transfers for a person in the normal course of its business, regardless of whether the person holds an account with such person or financial institution. See Florida Statutes 501.603
• Monument: means any product used for identifying a grave site and cemetery memorials of all types, including monuments, markers, and vases. See Florida Statutes 497.005
• Monument establishment: means a facility that operates independently of a cemetery or funeral establishment and that offers to sell monuments or monument services to the public for placement in a cemetery. See Florida Statutes 497.005
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Net income: means , in relation to a trust, ordinary income minus any income distributions for items such as trust expenses. See Florida Statutes 497.005
• Net worth: means total assets minus total liabilities pursuant to generally accepted accounting principles. See Florida Statutes 497.005
• New drug: means :
  (a) Any drug the composition of which is such that the drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling of that drug; or
  (b) Any drug the composition of which is such that the drug, as a result of investigations to determine its safety and effectiveness for use under certain conditions, has been recognized for use under such conditions, but which drug has not, other than in those investigations, been used to a material extent or for a material time under such conditions. See Florida Statutes 499.003
• Niche: means a compartment or cubicle for the memorialization or permanent placement of a container or urn containing cremated remains. See Florida Statutes 497.005
• 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.
• Nonprofit organization: means any of the following:
  (a) An organization exempt from federal taxation under…. See Florida Statutes 501.702
• Novelty payment: means a payment method that does not provide systematic monitoring to detect and deter fraud. See Florida Statutes 501.603
• 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.
• Office of Insurance Regulation: means the Office of Insurance Regulation of the Financial Services Commission. See Florida Statutes 440.02
• Office of Program Policy Analysis and Government Accountability: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
• officer of a corporation: includes a member owning at least 10 percent of a limited liability company as defined in and organized pursuant to chapter 605. See Florida Statutes 440.02
• Official compendium: means the current edition of the official United States Pharmacopoeia and National Formulary, or any supplement thereto. See Florida Statutes 499.003
• Order: means a cease and desist order issued by the enforcing authority as set forth in…. See Florida Statutes 501.203
• ordinary income: means , in relation to a trust, any earnings on trust assets, including interest and dividends received on property derived from the use of the trust principal, but does not include capital gains or capital losses. See Florida Statutes 497.005
• Ossuary: means a receptacle used for the communal placement of cremated remains without benefit of an urn or any other container in which cremated remains may be commingled with other cremated remains and are nonrecoverable. See Florida Statutes 497.005
• Outer burial container: means an enclosure into which a casket is placed and includes, but is not limited to, vaults made of concrete, steel, fiberglass, or copper; sectional concrete enclosures; crypts; and wooden enclosures. See Florida Statutes 497.005
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: includes stepparents and parents by adoption, parents-in-law, and any persons who for more than 3 years prior to the death of the deceased employee stood in the place of a parent to him or her and were dependent on the injured employee. See Florida Statutes 440.02
• Partner: means any person who is a member of a partnership that is formed by two or more persons to carry on as co-owners of a business with the understanding that there will be a proportional sharing of the profits and losses between them. See Florida Statutes 440.02
• 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.
• Permanent impairment: means any anatomic or functional abnormality or loss determined as a percentage of the body as a whole, existing after the date of maximum medical improvement, which results from the injury. See Florida Statutes 440.02
• Permittee: means any person holding a permit issued under this chapter. See Florida Statutes 499.003
• Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, or any successor thereto, and other than Federal Government agencies licensed by the United States Nuclear Regulatory Commission, or any successors thereto. See Florida Statutes 404.031
• Person: includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic; and