Terms Used In Florida Statutes > Chapter 627 > Part II - The Insurance Contract

• Abatement: means the removal, encapsulation, enclosure, or disposal of asbestos. See Florida Statutes 469.001
• Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of fertilizer. See Florida Statutes 576.011
• Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this law. See Florida Statutes 578.011
• 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.
• 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
• Agricultural product: includes any fresh or processed horticultural, aquacultural, viticultural, dairy, poultry, apicultural, or other farm or garden product. See Florida Statutes 571.03
• Agricultural seed: includes the seed of grass, forage, cereal and fiber crops, and chufas and any other seed commonly recognized within the state as agricultural seed, lawn seed, and combinations of such seed, and may include identified noxious weed seed when the department determines that such seed is being used as agricultural seed. See Florida Statutes 578.011
• 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
• 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.
• 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.
• 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.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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}
• Best management practices: means practices or combinations of practices determined by research or field testing in representative sites to be the most effective and practicable methods of fertilization designed to meet nitrate groundwater quality standards, including economic and technological considerations. See Florida Statutes 576.011
• Board: means the Board of Dentistry. See Florida Statutes 466.003
• Board: means the Board of Professional Engineers. See Florida Statutes 471.005
• Board of directors: means the board of directors of the Florida Engineers Management Corporation. See Florida Statutes 471.005
• Brand: means a term, design, or trademark used in connection with one or several grades of fertilizer. See Florida Statutes 576.011
• Brand: means a distinguishing word, name, symbol, number, or design used to identify seed produced, packaged, advertised, or offered for sale by a particular person. See Florida Statutes 578.011
• Buyer: means a person who purchases agricultural, vegetable, flower, tree, or shrub seed in packaging of 1,000 seeds or more by count. See Florida Statutes 578.011
• 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 professional: means an individual who holds a certified crop adviser designation issued by the American Society of Agronomy, who has passed the society's Southeast Region Certified Crop Adviser Exam, who holds a 4R Nutrient Management Specialty certification, and whose credentials have been verified by the society's Florida Certified Crop Adviser Board. See Florida Statutes 576.011
• Certified seed: means a class of seed which is the progeny of breeder, foundation, or registered seed. See Florida Statutes 578.011
• Certifying agency: means :
  (a) An agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and which has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified; or
  (b) An agency of a foreign country that the United States Secretary of Agriculture has determined as adhering to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (a). See Florida Statutes 578.011
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Coated seed: means seed that has been covered by a layer of materials that obscures the original shape and size of the seed and substantially increases the weight of the product. See Florida Statutes 578.011
• Commissioner: means the Commissioner of Agriculture. See Florida Statutes 570.02
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compost: means a substance derived primarily or entirely from decomposition of vegetative or animal organic material, which is sold or offered for sale for the purpose of promoting or stimulating plant growth, and to which no inorganic fertilizer materials have been added other than to promote decomposition. See Florida Statutes 576.011
• Coning: means the formation of a pyramidal pile or cone of dry bulk mixed fertilizer such as may occur while being loaded into a holding hopper or transport vehicle and cause separation and segregation of the fertilizer components. See Florida Statutes 576.011
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the Council of Licensed Midwifery. See Florida Statutes 467.003
• 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.
• Date of test: means the month and year the percentage of germination appearing on the label was obtained by laboratory test. See Florida Statutes 578.011
• Dealer: means any person, other than the manufacturer, who offers for sale, sells, barters, or supplies commercial fertilizer. See Florida Statutes 576.011
• Dealer: means any person who sells or offers for sale any agricultural, vegetable, flower, tree, or shrub seed for seeding purposes, and includes farmers who sell cleaned, processed, packaged, and labeled seed. See Florida Statutes 578.011
• 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.
• Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed which may result from lack of nutrient ingredients or from lack of uniformity. See Florida Statutes 576.011
• 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 Business and Professional Regulation. See Florida Statutes 471.005
• Department: means the Department of Agriculture and Consumer Services or its authorized representatives. See Florida Statutes 576.011
• Department: means the Department of Agriculture and Consumer Services or its authorized representative. See Florida Statutes 578.011
• Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 570.02
• Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 571.03
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• 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
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Dormant seed: refers to viable seed, other than hard seed, which neither germinate nor decay during the prescribed test period and under the prescribed test conditions. See Florida Statutes 578.011
• 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}
• 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
• Engineer: includes the terms "professional engineer" and "licensed engineer" and means a person who is licensed to engage in the practice of engineering under this chapter. See Florida Statutes 471.005
• Engineer intern: means a person who has graduated from an engineering curriculum approved by the board and has passed the fundamentals of engineering examination as provided by rules adopted by the board. See Florida Statutes 471.005
• Engineering: includes the term "professional engineering" and means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning, and design of engineering works and systems, planning the use of land and water, teaching of the principles and methods of engineering design, engineering surveys, and the inspection of construction for the purpose of determining in general if the work is proceeding in compliance with drawings and specifications, any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property; and includes such other professional services as may be necessary to the planning, progress, and completion of any engineering services. See Florida Statutes 471.005
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Excess: means the amount found by analysis to be over that guaranteed on the label. See Florida Statutes 576.011
• 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.
• Fertilizer: means any substance which:
  (a) Contains one or more recognized plant nutrients and promotes plant growth, or
  (b) Controls soil acidity or alkalinity, or
  (c) Provides other soil enrichment, or
  (d) Provides other corrective measures to the soil. See Florida Statutes 576.011
• Fertilizer material: means a fertilizer that meets one of the following requirements:
  (a) Contains important quantities of no more than one of the primary nutrients: nitrogen (N), phosphate (P2O5), and potash (K2O). See Florida Statutes 576.011
• Fertilizer-pesticide mixture: means a fertilizer containing a pesticide. See Florida Statutes 576.011
• 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.
• Flower seed: includes seed of herbaceous plants grown for blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower or wildflower seed in this state. See Florida Statutes 578.011
• Foundation seed: means a class of certified seed which is the progeny of breeder or other foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this part, for producing foundation seed, for the purpose of maintaining genetic purity and identity. See Florida Statutes 578.011
• Fraud: Intentional deception resulting in injury to another.
• 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
• Germination: means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions. See Florida Statutes 578.011
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grade: means the percentages in fertilizer of total nitrogen expressed as N, available phosphorus expressed as P2O5, and soluble potassium expressed as K2O, stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. See Florida Statutes 576.011
• Grantor: The person who establishes a trust and places property into it.
• Guaranteed analysis: means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. See Florida Statutes 576.011
• 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.
• Hard seed: means seeds that remain hard at the end of a prescribed test period because they have not absorbed water due to an impermeable seed coat. See Florida Statutes 578.011
• 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
• Hybrid: means the first generation seed of a cross produced by controlling the pollination and by combining:
  (a) Two or more inbred lines;
  (b) One inbred or a single cross with an open-pollinated variety; or
  (c) Two varieties or species, except open-pollinated varieties of corn (Zea mays). See Florida Statutes 578.011
• 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
• Inert matter: means all matter that is not a full seed. See Florida Statutes 578.011
• 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}
• Intrapartal: means occurring during the process of giving birth. See Florida Statutes 467.003
• Investigational allowance: means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of fertilizer. See Florida Statutes 576.011
• 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.
• Kind: means one or more related species or subspecies which singly or collectively is known by one common name; e. See Florida Statutes 578.011
• Label: means a display of written, printed, or graphic matter upon the immediate container of any fertilizer or accompanying any fertilizer when moved in bulk. See Florida Statutes 576.011
• Label: means the display or displays of written or printed material upon or attached to a container of seed. See Florida Statutes 578.011
• Labeling: means all labels and other written, printed, or graphic matters upon an article or any of its containers or wrappers accompanying such article. See Florida Statutes 576.011
• Labeling: includes all labels and other written, printed, or graphic representations, in any form, accompanying and pertaining to any seed, whether in bulk or in containers, and includes invoices and other bills of shipment when sold in bulk. See Florida Statutes 578.011
• 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 the licensing of engineers to practice engineering in this state. See Florida Statutes 471.005
• Licensee: means a person who guarantees a fertilizer and receives a license to distribute fertilizer under the provisions of this chapter. See Florida Statutes 576.011
• 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.
• Lot: means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling. See Florida Statutes 578.011
• Management corporation: means the Florida Engineers Management Corporation. See Florida Statutes 471.005
• Manufacturer: means a person engaged in the business of importing, preparing, mixing, blending, or manufacturing fertilizer for sale, either direct to consumers or by or through other media of distribution, and the word "manufacture" means preparation, mixing, blending, or manufacturing for the purpose of distribution. See Florida Statutes 576.011
• 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
• Mixed fertilizer: means a fertilizer containing any combination or mixtures of fertilizers. See Florida Statutes 576.011
• mixture: means seed consisting of more than one kind, each present in excess of 5 percent by weight of the whole. See Florida Statutes 578.011
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Mulch: means a protective covering of any suitable substance placed with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aid in the prevention of the evaporation of soil moisture, the control of weeds, and the prevention of erosion. See Florida Statutes 578.011
• NESHAP: means the National Emission Standards for Hazardous Air Pollutants, Florida Statutes 469.001
• NIOSH: means the National Institute for Occupational Safety and Health. See Florida Statutes 469.001
• Nitrogen breakdown: means the classification of forms of nitrogen guaranteed in percent by weight, the sum of which equals the total nitrogen guarantee. See Florida Statutes 576.011
• 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
• Noxious weed seed: means seed in one of two classes of seed:
  (a) "Prohibited noxious weed seed" means the seed of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides. See Florida Statutes 578.011
• 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 check sample: means a sealed and identified sample taken from the official sample for use in check analysis. See Florida Statutes 576.011
• Official sample: means any sample of fertilizer taken by the department in accordance with the provisions of this law or rules adopted hereunder, and designated as "official" by the department. See Florida Statutes 576.011
• 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
• Organic fertilizer: means a material containing carbon and one or more elements, other than hydrogen and oxygen, essential for plant growth. See Florida Statutes 576.011
• Origin: means the state, District of Columbia, Puerto Rico, or possession of the United States, or the foreign country where the seed were grown, except for native species, where the term means the county or collection zone and the state where the seed were grown. See Florida Statutes 578.011
• OSHA: means the Occupational Safety and Health Administration. See Florida Statutes 469.001
• Other crop seed: includes all seed of plants grown in this state as crops, other than the kind or kind and variety included in the pure seed, when not more than 5 percent of the whole of a single kind or variety is present, unless designated as weed seed. See Florida Statutes 578.011
• Oversight: Committee review of the activities of a Federal agency or program.
• Packet seed: means seed prepared for use in home gardens and household plantings packaged in labeled, sealed containers of less than 8 ounces and typically sold from seed racks or displays in retail establishments, via the Internet, or through mail order. See Florida Statutes 578.011
• 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.
• percentage: means the percentage by weight. See Florida Statutes 576.011
• Person: means an individual, firm, partnership, corporation, association, business, trust, legal representative, or any other business unit. See Florida Statutes 571.03
• 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
• 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.
• 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}
• PPACA: means the Patient Protection and Affordable Care Act, Pub. See Florida Statutes 627.402
• 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
• Primary plant nutrient: means total nitrogen expressed as N, available phosphorus expressed as P2O5, and soluble potassium expressed as K2O, or any combination of these substances. See Florida Statutes 576.011
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Processing: means conditioning, cleaning, scarifying, or blending to obtain uniform quality and other operations which would change the purity or germination of the seed and, therefore, require retesting to determine the quality of the seed. See Florida Statutes 578.011
• 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.
• Pure seed: means the seed, exclusive of inert matter, of the kind or kind and variety of seed declared on the label or tag. See Florida Statutes 578.011
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record: includes the symbol identifying the seed as to origin, amount, processing, testing, labeling, and distribution, and any other document or instrument pertaining to the purchase, sale, or handling of agricultural, vegetable, flower, tree, or shrub seed. See Florida Statutes 578.011
• registered mail: includes certified mail with return receipt requested. See Florida Statutes 1.01
• Registered seed: means a class of certified seed which is the progeny of breeder or foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this part, for the purpose of maintaining genetic purity and identity. See Florida Statutes 578.011
• Registrant: means the person who registers specialty fertilizer under the provisions of this chapter. See Florida Statutes 576.011
• 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.
• Reproduce: means to stencil, emboss, print, engrave, impress, imprint, lithograph, or duplicate in any manner or to cause any such acts to be done. See Florida Statutes 571.03
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Seal of quality: means any word, device, emblem, or symbol adopted by the department for the purpose of identifying and promoting the sale of high-quality agricultural products produced in Florida. See Florida Statutes 571.03
• Secretary: means the Secretary of Business and Professional Regulation. See Florida Statutes 471.005
• 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.
• Shrub seed: means seed of a woody plant that is smaller than a tree and has several main stems arising at or near the ground. See Florida Statutes 578.011
• Site-specific nutrient management: means the application of nutrients in accordance with…. See Florida Statutes 576.011
• Slow release fertilizer: means a fertilizer in a form that releases, or converts to a plant-available form, plant nutrients at a slower rate relative to an appropriate reference soluble product. See Florida Statutes 576.011
• Specialty fertilizer: means any fertilizer packaged, marketed, and distributed for home and garden use and packaged in containers or bags such that the net weight is 49 pounds or less. See Florida Statutes 576.011
• Statute: A law passed by a legislature.
• Stillbirth: means the death of a fetus of more than 20 weeks' gestation. See Florida Statutes 467.003
• Stop-sale: means any written or printed notice or order issued by the department to the owner or custodian of any lot of agricultural, vegetable, flower, tree, or shrub seed in the state, directing the owner or custodian not to sell or offer for sale seed designated by the order within the state until the requirements of this law are complied with and a written release has been issued; except that the seed may be released to be sold for feed. See Florida Statutes 578.011
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• 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
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Ton: means a net weight of 2,000 pounds avoirdupois. See Florida Statutes 576.011
• Training-course provider: means an entity or any of its agents engaged in providing training courses required by this chapter. See Florida Statutes 469.001
• 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.
• Treated: means that the seed has been given an application of a material or subjected to a process designed to control or repel disease organisms, insects, or other pests attacking seed or seedlings grown therefrom to improve its planting value or to serve any other purpose. See Florida Statutes 578.011
• Tree seed: means seed of a woody perennial plant typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground. See Florida Statutes 578.011
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Florida Statutes 578.011
• 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}
• Variety: means a subdivision of a kind which is distinct in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; uniform in the sense that the variations in essential and distinctive characteristics are describable; and stable in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted. See Florida Statutes 578.011
• Vegetable seed: means the seed of those crops that are grown in gardens or on truck farms, and are generally known and sold under the name of vegetable seed or herb seed in this state. See Florida Statutes 578.011
• Verdict: The decision of a petit jury or a judge.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Water-insoluble nitrogen: means nitrogen not soluble in water. See Florida Statutes 576.011
• Weed seed: includes the seed of all plants generally recognized as weeds within this state, and includes prohibited and restricted noxious weed seed, bulblets, tubers, and any other vegetative propagules. See Florida Statutes 578.011
• 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