WHAT THE WORDS MEAN
Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Florida law uses, what it actually means, and the misreading it usually collects.
52 terms
A
Administrative suspension
The suspension the officer starts by taking the license, with a 10 day temporary permit for a driver otherwise eligible. The driver may request a formal or informal review within 10 days after the notice issues.
Also called license suspension, temporary permit
The suspension the officer starts by taking the license, with a 10 day temporary permit for a driver otherwise eligible. The driver may request a formal or informal review within 10 days after the notice issues.
What it is not
The administrative suspension and the criminal case do not decide each other.
Affray
Fighting another person by mutual consent in a public place, to the terror of the people, a first degree misdemeanor.
Also called mutual fight, fighting in public
Fighting another person by mutual consent in a public place, to the terror of the people, a first degree misdemeanor.
All party consent
The consent the interception chapter turns on: a person may intercept a wire, oral or electronic communication when all of the parties to it have given prior consent.
Also called two party consent, recording a conversation
The consent the interception chapter turns on: a person may intercept a wire, oral or electronic communication when all of the parties to it have given prior consent.
What it is not
One party's consent is not enough. An unlawful interception is a third degree felony, with lesser penalties for some first offenses involving unscrambled radio.
B
Bad Dog sign
A prominent, easily readable sign including the words "Bad Dog", which relieves the owner of liability for a bite.
Also called beware of dog sign
A prominent, easily readable sign including the words "Bad Dog", which relieves the owner of liability for a bite.
What it is not
It does not cover a bite to a person under the age of 6, or damages the owner's own negligence caused.
Battery
Actually and intentionally touching or striking another against their will, or intentionally causing bodily harm, a first degree misdemeanor.
Also called hitting someone, simple battery
Actually and intentionally touching or striking another against their will, or intentionally causing bodily harm, a first degree misdemeanor.
What it is not
It is not the same as assault, which is the threat with an apparent ability to carry it out. And a second battery after one of the listed priors is a third degree felony.
C
Cannabis
A controlled substance. Possessing 20 grams or less is a first degree misdemeanor, and more is a third degree felony.
Also called marijuana, weed, pot
A controlled substance. Possessing 20 grams or less is a first degree misdemeanor, and more is a third degree felony.
What it is not
The 20 gram rule does not cover resin extracted from the plant or preparations of it.
Concealed weapon license
The license the Department of Agriculture and Consumer Services issues to an applicant who is a citizen or permanent resident, is 21 years of age or older, and meets the other criteria.
Also called CWL, carry permit, concealed carry
The license the Department of Agriculture and Consumer Services issues to an applicant who is a citizen or permanent resident, is 21 years of age or older, and meets the other criteria.
What it is not
A person who is not licensed but meets the criteria for one may carry concealed too, and in a prosecution the state has to prove both that the person was unlicensed and ineligible.
Consumer debt
A debt arising from a transaction primarily for personal, family or household purposes. The consumer collection practices law says what no person may do in collecting one.
Also called personal debt, collection agency
A debt arising from a transaction primarily for personal, family or household purposes. The consumer collection practices law says what no person may do in collecting one.
What it is not
It reaches creditors collecting their own debts as well as collection agencies.
Course of conduct
A series of acts over a period of time, however short, showing a continuity of purpose. Harassing is a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
Also called pattern of harassment
A series of acts over a period of time, however short, showing a continuity of purpose. Harassing is a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
What it is not
It does not include constitutionally protected activity such as picketing or organized protest.
Court registry
Where a tenant who raises any defense other than payment pays the rent alleged in the eviction complaint, and the rent that comes due while the case goes on.
Also called paying rent into court, registry of the court
Where a tenant who raises any defense other than payment pays the rent alleged in the eviction complaint, and the rent that comes due while the case goes on.
What it is not
It is not optional for a tenant with a defense. Not paying it, or moving to determine the rent, within 5 days after service, excluding weekends and legal holidays, waives every defense but payment.
D
Deadly force
For an officer on duty, force likely to cause death or great bodily harm, including firing a firearm in the direction of the person to be arrested, or at a vehicle the person is riding in.
Also called lethal force
For an officer on duty, force likely to cause death or great bodily harm, including firing a firearm in the direction of the person to be arrested, or at a vehicle the person is riding in.
What it is not
Firing a less lethal munition, designed to stun without penetrating the body, is not deadly force.
Deceptive and Unfair Trade Practices Act
The act that makes unfair methods of competition, unconscionable acts and unfair or deceptive acts in trade or commerce unlawful.
Also called FDUTPA, consumer protection
The act that makes unfair methods of competition, unconscionable acts and unfair or deceptive acts in trade or commerce unlawful.
What it is not
Attorney's fees can go either way: the prevailing party may receive them from the side that lost, whichever side that is.
Disorderly intoxication
Being intoxicated and endangering another person or property, or being intoxicated or drinking in a public place or on public transportation and causing a public disturbance, a second degree misdemeanor.
Also called public drunkenness, drunk in public
Being intoxicated and endangering another person or property, or being intoxicated or drinking in a public place or on public transportation and causing a public disturbance, a second degree misdemeanor.
What it is not
Being intoxicated in public is not itself the offense; the statute reaches intoxication that endangers or disturbs.
Domestic violence
Assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any crime causing injury or death, by one family or household member against another.
Also called family violence, abuse
Assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any crime causing injury or death, by one family or household member against another.
What it is not
Family or household members include former spouses and parents of a child in common, not only people living together now.
Driver improvement course
The basic course a driver without a commercial license cited for many infractions may elect instead; adjudication is withheld, the civil penalty is reduced by 18 percent, and no points are assessed.
Also called traffic school, BDI course
The basic course a driver without a commercial license cited for many infractions may elect instead; adjudication is withheld, the civil penalty is reduced by 18 percent, and no points are assessed.
What it is not
The election is not available if one was made in the preceding 12 months.
Driving under the influence
Driving or being in actual physical control of a vehicle while under the influence to the extent that normal faculties are impaired, or with a blood or breath alcohol level of 0.08 or more.
Also called DUI, drunk driving
Driving or being in actual physical control of a vehicle while under the influence to the extent that normal faculties are impaired, or with a blood or breath alcohol level of 0.08 or more.
What it is not
Actual physical control counts, so it is not limited to a moving vehicle.
Durational alimony
Alimony for a set period, not available after a marriage of less than 3 years, and limited to a share of the marriage's length: 50 percent of a short one, 60 percent of a moderate one, 75 percent of a long one.
Also called alimony, spousal support
Alimony for a set period, not available after a marriage of less than 3 years, and limited to a share of the marriage's length: 50 percent of a short one, 60 percent of a moderate one, 75 percent of a long one.
E
Early termination fee
A charge for ending a lease early that works only if the tenant signed a separate addendum accepting it when the lease was made, and that does not exceed 2 months' rent.
Also called lease break fee, liquidated damages
A charge for ending a lease early that works only if the tenant signed a separate addendum accepting it when the lease was made, and that does not exceed 2 months' rent.
Equitable distribution
Dividing marital assets and liabilities, beginning from the premise that the distribution should be equal, after each spouse's nonmarital assets are set apart.
Also called dividing property, marital assets
Dividing marital assets and liabilities, beginning from the premise that the distribution should be equal, after each spouse's nonmarital assets are set apart.
What it is not
Equal is the starting point, not a rule: an unequal division is allowed where the relevant factors justify it.
Expunction
Clearing a criminal history record where no charging document was filed, or charges were dismissed, nolle prossed, or ended in acquittal, for a person who meets the other conditions; it begins with a certificate of eligibility from the department.
Also called expungement, sealing, clearing a record
Clearing a criminal history record where no charging document was filed, or charges were dismissed, nolle prossed, or ended in acquittal, for a person who meets the other conditions; it begins with a certificate of eligibility from the department.
What it is not
It is not the same as sealing, which is available to a person never adjudicated guilty, and expunction generally requires never having had a prior sealing or expunction.
F
Felony of the third degree
The lowest felony degree, punishable by up to 5 years in prison and a fine of up to $5,000.
Also called third degree felony
The lowest felony degree, punishable by up to 5 years in prison and a fine of up to $5,000.
What it is not
A crime a statute calls a felony without naming a degree is a third degree felony.
G
Giving a false name
Giving a false name, or otherwise falsely identifying oneself, to an officer or jail staff after being arrested or lawfully detained, a first degree misdemeanor.
Also called false identification, lying about name
Giving a false name, or otherwise falsely identifying oneself, to an officer or jail staff after being arrested or lawfully detained, a first degree misdemeanor.
Grand theft
Theft of property worth $750 or more, or of a firearm or motor vehicle, a felony whose degree rises with the value.
Also called felony theft
Theft of property worth $750 or more, or of a firearm or motor vehicle, a felony whose degree rises with the value.
What it is not
From a home the line moves down: $40 or more taken from a dwelling or its unenclosed curtilage is grand theft of the third degree.
H
Head of family
A person whose disposable earnings, at $750 a week or less, are all exempt from attachment or garnishment; above that, they may not be garnished unless the person agreed otherwise in writing.
Also called wage garnishment exemption
A person whose disposable earnings, at $750 a week or less, are all exempt from attachment or garnishment; above that, they may not be garnished unless the person agreed otherwise in writing.
Home solicitation sale
A sale, lease or rental of consumer goods or services over $25 that the seller personally solicits and the buyer agrees to somewhere other than the seller's fixed place of business. The buyer may cancel until midnight of the third business day after signing.
Also called door to door sale, cooling off
A sale, lease or rental of consumer goods or services over $25 that the seller personally solicits and the buyer agrees to somewhere other than the seller's fixed place of business. The buyer may cancel until midnight of the third business day after signing.
What it is not
A business day here is any calendar day except Sunday or a federal holiday, so Saturday counts.
I
Implied consent
The rule that a driver lawfully arrested for driving under the influence is deemed to have consented to a breath test, and to a urine test for chemical or controlled substances. Refusing suspends the privilege to drive for 1 year.
Also called refusing the breath test, deemed consent
The rule that a driver lawfully arrested for driving under the influence is deemed to have consented to a breath test, and to a urine test for chemical or controlled substances. Refusing suspends the privilege to drive for 1 year.
What it is not
Refusing is not only a license matter. It is a second degree misdemeanor, or first degree after a prior refusal.
Injunction for protection
The order against domestic violence. An ex parte temporary injunction lasts no more than 15 days, until the full hearing, and the protective terms of a final one remain until modified or dissolved.
Also called restraining order, protective order
The order against domestic violence. An ex parte temporary injunction lasts no more than 15 days, until the full hearing, and the protective terms of a final one remain until modified or dissolved.
What it is not
There is no filing fee, and willfully violating one is a first degree misdemeanor.
Irretrievably broken
One of the two grounds on which a dissolution of marriage is granted, pleaded generally; the other is the mental incapacity of a party.
Also called no fault divorce, dissolution of marriage
One of the two grounds on which a dissolution of marriage is granted, pleaded generally; the other is the mental incapacity of a party.
M
Merchant detention
A merchant's or officer's taking into custody, with probable cause to believe a retail theft was committed, and detaining the person in a reasonable manner for a reasonable time to recover the property or for prosecution.
Also called shopkeeper's privilege, held by store security
A merchant's or officer's taking into custody, with probable cause to believe a retail theft was committed, and detaining the person in a reasonable manner for a reasonable time to recover the property or for prosecution.
What it is not
A merchant who detains someone calls law enforcement to the scene immediately.
N
Nonconformity
A defect that substantially impairs a new vehicle's use, value or safety. The Lemon Law rights period ends 24 months after the vehicle's original delivery to a consumer.
Also called lemon, defect
A defect that substantially impairs a new vehicle's use, value or safety. The Lemon Law rights period ends 24 months after the vehicle's original delivery to a consumer.
What it is not
A defect caused by an accident, abuse, neglect or someone else's modification is not one.
Noncriminal infraction
What most traffic violations are charged as. A person who does not elect to appear pays the civil penalty, or enters a payment plan with the clerk, within 30 days after the citation is issued.
Also called traffic ticket, civil infraction
What most traffic violations are charged as. A person who does not elect to appear pays the civil penalty, or enters a payment plan with the clerk, within 30 days after the citation is issued.
What it is not
Paying is not neutral: it admits the infraction and waives a hearing.
Notice of a claim on the deposit
The written notice a landlord sends within 30 days, by certified mail or by e-mail as the statute allows, stating the claim against the deposit and the reason.
Also called deposit claim letter, certified letter about the deposit
The written notice a landlord sends within 30 days, by certified mail or by e-mail as the statute allows, stating the claim against the deposit and the reason.
What it is not
Missing the 15 days to object does not waive the tenant's right to seek damages in a separate action; it lets the landlord deduct the claim.
O
Open container
An open container of an alcoholic beverage, which no one may possess while operating a vehicle or while a passenger in one being operated.
Also called open beer, open alcohol in car
An open container of an alcoholic beverage, which no one may possess while operating a vehicle or while a passenger in one being operated.
What it is not
It counts as the driver's unless a passenger holds it or it is in a locked glove compartment, locked trunk or other locked nonpassenger area.
Oral communication
A communication uttered by a person exhibiting an expectation that it is not subject to interception, under circumstances justifying that expectation.
Also called private conversation
A communication uttered by a person exhibiting an expectation that it is not subject to interception, under circumstances justifying that expectation.
What it is not
A public oral communication uttered at a public meeting is not one.
P
Petit theft
Theft of property worth less than $750: a second degree misdemeanor under $100, and a first degree misdemeanor from $100 up.
Also called shoplifting, petty theft
Theft of property worth less than $750: a second degree misdemeanor under $100, and a first degree misdemeanor from $100 up.
What it is not
A history changes it. A petit theft after two or more prior theft convictions is a third degree felony.
Posted land
Land with signs placed not more than 500 feet apart along and at each corner of the boundaries, among the other methods the statute lists, which is one way notice against entering is given.
Also called no trespassing signs
Land with signs placed not more than 500 feet apart along and at each corner of the boundaries, among the other methods the statute lists, which is one way notice against entering is given.
What it is not
Signs are not the only notice. Fencing, cultivation and actual communication give it too.
Pretrial release
Release before trial, with a presumption in favor of nonmonetary conditions unless the person is charged with a dangerous crime as the section defines it.
Also called bail, bond, release on recognizance
Release before trial, with a presumption in favor of nonmonetary conditions unless the person is charged with a dangerous crime as the section defines it.
What it is not
Bail is not punishment: a bail determination exists to ensure the defendant appears and to protect the community from unreasonable danger.
Public record
Documents, papers, letters, maps, photographs, recordings, software and other material, in any form, made or received in connection with official business. All state, county and municipal records are open for inspection and copying by any person.
Also called open records, sunshine law
Documents, papers, letters, maps, photographs, recordings, software and other material, in any form, made or received in connection with official business. All state, county and municipal records are open for inspection and copying by any person.
R
Reemployment assistance
What Florida calls unemployment benefits. A person is disqualified for leaving work voluntarily without good cause attributable to the employer, or for discharge for misconduct connected with the work.
Also called unemployment, unemployment benefits
What Florida calls unemployment benefits. A person is disqualified for leaving work voluntarily without good cause attributable to the employer, or for discharge for misconduct connected with the work.
What it is not
Good cause means only a cause attributable to the employer that would compel a reasonable employee to stop working.
Rent withholding
A tenant's giving 7 days' written notice of an intent not to pay rent because the landlord has materially failed to comply, after which the failure is a complete defense to an eviction for nonpayment and the court decides how much the rent is reduced.
Also called seven day notice, withholding rent for repairs
A tenant's giving 7 days' written notice of an intent not to pay rent because the landlord has materially failed to comply, after which the failure is a complete defense to an eviction for nonpayment and the court decides how much the rent is reduced.
What it is not
It does not excuse the court registry. A tenant raising it in an eviction also pays the rent into the registry.
Resisting without violence
Resisting, obstructing or opposing an officer in the lawful execution of a legal duty, without offering or doing violence, a first degree misdemeanor.
Also called obstruction, resisting an officer
Resisting, obstructing or opposing an officer in the lawful execution of a legal duty, without offering or doing violence, a first degree misdemeanor.
What it is not
The offense needs a lawful duty: it reaches an officer executing legal process or lawfully executing a legal duty.
Retaliatory conduct
A landlord's raising the rent, cutting services, or bringing or threatening an eviction mainly in retaliation against a tenant who in good faith complained to a code enforcement agency, joined a tenant organization, or gave notice of noncompliance.
Also called retaliation, retaliatory eviction
A landlord's raising the rent, cutting services, or bringing or threatening an eviction mainly in retaliation against a tenant who in good faith complained to a code enforcement agency, joined a tenant organization, or gave notice of noncompliance.
What it is not
It is a defense, not a bar to every eviction: the landlord may still proceed for good cause, such as nonpayment of rent.
S
Search warrant
An order that issues only on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the person and thing to be seized, and signed by the judge who issues it.
Also called warrant
An order that issues only on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the person and thing to be seized, and signed by the judge who issues it.
What it is not
It may not be issued in blank, and it is returned within 10 days after issuance.
Securely encased
How a person 18 years of age or older in lawful possession of a handgun may keep it inside a private vehicle: securely encased or otherwise not readily accessible for immediate use.
Also called gun in the car, glove box
How a person 18 years of age or older in lawful possession of a handgun may keep it inside a private vehicle: securely encased or otherwise not readily accessible for immediate use.
What it is not
It does not let the person then carry it on the person.
Security deposit
Money a landlord holds for a tenant, kept in a separate account in a Florida financial institution, or covered by a surety bond instead. With no claim against it, it comes back with any interest owed within 15 days after the lease ends.
Also called deposit, advance rent
Money a landlord holds for a tenant, kept in a separate account in a Florida financial institution, or covered by a surety bond instead. With no claim against it, it comes back with any interest owed within 15 days after the lease ends.
What it is not
It is not the landlord's to keep by default. A landlord who sends no written notice of a claim within 30 days forfeits the right to claim against it, though it may still sue for damages after returning it.
Self help eviction
A landlord's cutting utility service, changing the locks or using a bootlock to keep the tenant out, removing doors, windows or walls, or removing the tenant's belongings outside a lawful eviction. It is prohibited.
Also called lockout, utility shutoff, changed the locks
A landlord's cutting utility service, changing the locks or using a bootlock to keep the tenant out, removing doors, windows or walls, or removing the tenant's belongings outside a lawful eviction. It is prohibited.
What it is not
It carries its own damages: actual and consequential damages or 3 months' rent, whichever is greater, plus costs and attorney's fees.
Serious bodily injury
A physical condition creating a substantial risk of death, serious disfigurement, or protracted loss or impairment of a bodily member or organ.
Also called serious injury
A physical condition creating a substantial risk of death, serious disfigurement, or protracted loss or impairment of a bodily member or organ.
Statute of limitations
The period for bringing an action: five years on a written contract, four on one not founded on a written instrument including store accounts, and two for an action founded on negligence.
Also called time limit to sue, old debt
The period for bringing an action: five years on a written contract, four on one not founded on a written instrument including store accounts, and two for an action founded on negligence.
Stop and frisk
An officer's temporarily detaining a person in circumstances reasonably indicating a crime, to learn the person's identity and the circumstances, for no longer than reasonably necessary and not beyond the place where it began.
Also called temporary detention, pat down, frisk
An officer's temporarily detaining a person in circumstances reasonably indicating a crime, to learn the person's identity and the circumstances, for no longer than reasonably necessary and not beyond the place where it began.
What it is not
A frisk is not part of every stop. It needs probable cause to believe the person is armed with a dangerous weapon, and is only to find it.
T
Three day notice
The written demand for the rent or possession. If rent stays unpaid for 3 days after it is delivered, excluding Saturday, Sunday and legal holidays, the landlord may terminate the rental agreement.
Also called notice to pay or quit, eviction notice, 3 day notice
The written demand for the rent or possession. If rent stays unpaid for 3 days after it is delivered, excluding Saturday, Sunday and legal holidays, the landlord may terminate the rental agreement.
What it is not
The weekend does not count, and a lease cannot waive the notice requirements.
Time sharing
The schedule of a child's time with each parent. There is a rebuttable presumption that equal time sharing is in the child's best interests, and parental responsibility is shared unless that would be detrimental to the child.
Also called custody, visitation, parenting plan
The schedule of a child's time with each parent. There is a rebuttable presumption that equal time sharing is in the child's best interests, and parental responsibility is shared unless that would be detrimental to the child.
W
Writ of possession
The writ the clerk issues to the sheriff after a judgment for the landlord, putting the landlord in possession after 24 hours' notice posted on the premises.
Also called 24 hour notice, sheriff's notice
The writ the clerk issues to the sheriff after a judgment for the landlord, putting the landlord in possession after 24 hours' notice posted on the premises.
What it is not
Weekends and legal holidays do not stop the 24 hours from running.
About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Florida attorney answers and a glossary cannot. Current as of September 2026.