Terms Used In Florida Statutes > Chapter 250 > Part I - Military Code

• Active duty: means full-time duty in active military service of the United States. See Florida Statutes 250.01
• 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.
• Air National Guard: means that part of the National Guard of a state or territory of the United States, Puerto Rico, or the District of Columbia, active or inactive, which is:
  (a) An air force;
  (b) Trained, and has its officers appointed, under the United States Constitution;
  (c) Organized, armed, and equipped wholly or partially at federal expense; and
  (d) Federally recognized. See Florida Statutes 250.01
• 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.
• Annexation: means the adding of real property to the boundaries of an incorporated municipality, such addition making such real property in every way a part of the municipality. See Florida Statutes 171.031
• 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
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Florida Statutes 250.01
• Armory: means a building or group of buildings used primarily for housing and training troops or for storing military property, supplies, or records. See Florida Statutes 250.01
• Army National Guard: means that part of the National Guard of a state or territory of the United States, Puerto Rico, or the District of Columbia, active or inactive, which is:
  (a) A land force;
  (b) Trained, and has its officers appointed, under the United States Constitution;
  (c) Organized, armed, and equipped wholly or partially at federal expense; and
  (d) Federally recognized. See Florida Statutes 250.01
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means a body politic and corporate created pursuant to this part. See Florida Statutes 163.566
• Chief administrative officer: means the municipal administrator, municipal manager, county manager, county administrator, or other officer of the municipality, county, or independent special district who reports directly to the governing body of the local government. See Florida Statutes 171.202
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• 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.
• Contiguous: means that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality. See Florida Statutes 171.031
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contraction: means the reversion of real property within municipal boundaries to an unincorporated status. See Florida Statutes 171.031
• Convening authority: means a commissioned officer in command and his or her successors in command. See Florida Statutes 250.01
• 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County: means a political subdivision of the state established pursuant to Florida Statutes 165.031
• County: means any county within the regional transportation area. See Florida Statutes 163.566
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• 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.
• Dependent: A person dependent for support upon another.
• Director: means a person appointed to the board by a member. See Florida Statutes 163.566
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Enclave: means :
  (a) Any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or
  (b) Any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. See Florida Statutes 171.031
• Enlisted personnel: means persons enlisted, inducted, called, or conscripted into an armed force in an enlisted grade. See Florida Statutes 250.01
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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.
• Feasibility study: means an analysis conducted by qualified staff or consultants of the economic, market, technical, financial, and management feasibility of the proposed annexation or contraction, as applicable. See Florida Statutes 171.031
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Formation: means any one of the following activities:
  (a) "Incorporation"-The establishment of a municipality. See Florida Statutes 165.031
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governing body: means the council, commission, or other board or body in which the general legislative powers of the municipality shall be vested. See Florida Statutes 166.101
• Grade: means a step or degree in a graduated scale of office or military rank which is established and designated as a grade by law or rule. See Florida Statutes 250.01
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Independent special district: means an independent special district, as defined in…. See Florida Statutes 171.202
• Initiating county: means a county that commences the process for negotiating an interlocal service boundary agreement through the adoption of an initiating resolution. See Florida Statutes 171.202
• Initiating local government: means a county, municipality, or independent special district that commences the process for negotiating an interlocal service boundary agreement through the adoption of an initiating resolution. See Florida Statutes 171.202
• Initiating municipality: means a municipality that commences the process for negotiating an interlocal service boundary agreement through the adoption of an initiating resolution. See Florida Statutes 171.202
• Initiating resolution: means a resolution adopted by a county, municipality, or independent special district which commences the process for negotiating an interlocal service boundary agreement and which identifies the unincorporated area and other issues for discussion. See Florida Statutes 171.202
• 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}
• Interlocal service boundary agreement: means an agreement adopted under this part, between a county and one or more municipalities, which may include one or more independent special districts as parties to the agreement. See Florida Statutes 171.202
• Invited local government: means an invited county, municipality, or special district and any other local government designated as such in an initiating resolution or a responding resolution that invites the local government to participate in negotiating an interlocal service boundary agreement. See Florida Statutes 171.202
• Invited municipality: means an initiating municipality and any other municipality designated as such in an initiating resolution or a responding resolution that invites the municipality to participate in negotiating an interlocal service boundary agreement. See Florida Statutes 171.202
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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.
• 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}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Member: means the municipality, county, or political subdivision which, in combination with another member or members, comprises the authority. See Florida Statutes 163.566
• military judge: includes the summary court-martial officer. See Florida Statutes 250.01
• Military post: means an armory, facility, installation, or real property under the supervision or control of the Armory Board which is used primarily for housing and training troops; performing administrative duties; or storing military property, supplies, or records. See Florida Statutes 250.01
• minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipal service area: means one or more of the following as designated in an interlocal service boundary agreement:
  (a) An unincorporated area that has been identified in an interlocal service boundary agreement for municipal annexation by a municipality that is a party to the agreement. See Florida Statutes 171.202
• Municipality: means a municipality created pursuant to general or special law authorized or recognized pursuant to…. See Florida Statutes 165.031
• Municipality: means a municipality created pursuant to general or special law authorized or recognized pursuant to…. See Florida Statutes 171.031
• Municipality: means any city with a population of over 50,000 within the regional transportation area. See Florida Statutes 163.566
• National Guard: means the Army National Guard and the Air National Guard. See Florida Statutes 250.01
• National Guard Bureau: means the joint Bureau of the Department of the Army and the Department of the Air Force within the Department of Defense, as defined in Florida Statutes 250.01
• Newspaper of general circulation: means a newspaper printed in the language most commonly spoken in the area within which it circulates, which is readily available for purchase by all inhabitants in its area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper the primary function of which is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. See Florida Statutes 165.031
• Newspaper of general circulation: means a newspaper printed in the language most commonly spoken in the area within which it circulates, which is readily available for purchase by all inhabitants in its area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. See Florida Statutes 171.031
• Notified local government: means the county or a municipality, other than an invited municipality, that receives an initiating resolution. See Florida Statutes 171.202
• 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.
• Offense: means a criminal charge under the Uniform Code of Military Justice. See Florida Statutes 250.01
• Office of Economic and Demographic Research: 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: means a commissioned officer or warrant officer. See Florida Statutes 250.01
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating resolution: means the resolution adopted by the initiating local government and the invited local government. See Florida Statutes 171.202
• Parties affected: means any persons or firms owning property in, or residing in, either a municipality proposing annexation or contraction or owning property that is proposed for annexation to a municipality or any governmental unit with jurisdiction over such area. See Florida Statutes 171.031
• 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.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• 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
• Population: means the population as determined under the provisions of…. See Florida Statutes 163.566
• Post commander: means the officer in charge of a military post or training site, a National Guard armory, or a portion of a National Guard armory when colocated in an Armed Forces Reserve Center. See Florida Statutes 250.01
• 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.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• project: means a governmental undertaking approved by the governing body and includes all property rights, easements, and franchises relating thereto and deemed necessary or convenient for the construction, acquisition or operation thereof, and embraces any capital expenditure which the governing body of the municipality shall deem to be made for a public purpose including the refunding of any bonded indebtedness which may be outstanding on any existing project which is to be improved by means of a new project. See Florida Statutes 166.101
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public transportation: means transportation of passengers by means, without limitation, of a street railway, elevated railway or guideway, subway, motor vehicle, motor bus, or any bus or other means of conveyance operating as a common carrier within the regional transportation area, including charter service therein. See Florida Statutes 163.566
• Public transportation system: means , without limitation, a combination of real and personal property, structures, improvements, buildings, equipment, plants, vehicle parking or other facilities, and rights-of-way, or any combination thereof, used or useful for the purposes of public transportation. See Florida Statutes 163.566
• Quorum: The number of legislators that must be present to do business.
• Rank: means the order of precedence among members of the armed forces. See Florida Statutes 250.01
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recess: A temporary interruption of the legislative business.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Regional transportation area: means that area the boundaries of which are identical to the boundaries of the political subdivisions or other legal entities which constitute the authority. See Florida Statutes 163.566
• registered mail: includes certified mail with return receipt requested. See Florida Statutes 1.01
• 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.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Requesting resolution: means the resolution adopted by a municipality seeking to participate in the negotiation of an interlocal service boundary agreement. See Florida Statutes 171.202
• Responding resolution: means the resolution adopted by the county or an invited municipality which responds to the initiating resolution and which may identify an additional unincorporated area or another issue for discussion, or both, and may designate an additional invited municipality or independent special district. See Florida Statutes 171.202
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Service of process: The service of writs or summonses to the appropriate party.
• Servicemember: means any person serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces. See Florida Statutes 250.01
• 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.
• Special district: means a local unit of special government, as defined in…. See Florida Statutes 165.031
• State active duty: means full-time duty in active military service of the State of Florida when ordered by the Governor or Adjutant General in accordance with…. See Florida Statutes 250.01
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• transportation facilities: means the property or property rights, both real and personal, of a type used for the establishment of public transportation systems which have heretofore been, or may hereafter be, established by public bodies for the transportation of people and property from place to place. See Florida Statutes 163.566
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Troops: includes personnel of the Army National Guard and the Air National Guard. See Florida Statutes 250.01
• Unincorporated service area: means one or more of the following as designated in an interlocal service boundary agreement:
  (a) An unincorporated area that has been identified in an interlocal service boundary agreement and that may not be annexed without the consent of the county. See Florida Statutes 171.202
• Urban in character: means an area used intensively for residential, urban recreational or conservation parklands, commercial, industrial, institutional, or governmental purposes or an area undergoing development for any of these purposes. See Florida Statutes 171.031
• Urban purposes: means that land is used intensively for residential, commercial, industrial, institutional, and governmental purposes, including any parcels of land retained in their natural state or kept free of development as dedicated greenbelt areas. See Florida Statutes 171.031
• Urban services: means any services offered by a municipality, either directly or by contract, to any of its present residents. See Florida Statutes 171.031
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 1.01
• wrecker operator: means any person or firm regularly engaged for hire in the business of towing or removing motor vehicles. See Florida Statutes 1.01
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01