Terms Used In Florida Statutes > Chapter 190 - Community Development Districts

• Accessible electronic information and information technology: means electronic information and information technology that conforms to the standards for accessible electronic information and information technology as set forth by…. See Florida Statutes 282.602
• agency computing facility: means agency space containing fewer than a total of 10 physical or logical servers, but excluding single, logical-server installations that exclusively perform a utility function such as file and print servers. See Florida Statutes 282.0041
• 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.
• 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
• Assessable improvements: means , without limitation, any and all public improvements and community facilities that the district is empowered to provide in accordance with this act. See Florida Statutes 190.003
• Assessment bonds: means special obligations of the district which are payable solely from proceeds of the special assessments levied for an assessable project. See Florida Statutes 190.003
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• board of supervisors: means the governing board of the district or, if such board has been abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given to the board by this act have been given by law. See Florida Statutes 190.003
• Bond: includes "certificate" and the provisions which are applicable to bonds are equally applicable to certificates. See Florida Statutes 190.003
• Community development district: means a local unit of special-purpose government which is created pursuant to this act and limited to the performance of those specialized functions authorized by this act; the governing head of which is a body created, organized, and constituted and authorized to function specifically as prescribed in this act for the purpose of the delivery of urban community development services; and the formation, powers, governing body, operation, duration, accountability, requirements for disclosure, and termination of which are as required by general law. See Florida Statutes 190.003
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Cost: when used with reference to any project, includes, but is not limited to:
  (a) The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction. See Florida Statutes 190.003
• Customer entity: means an entity that obtains services from the Department of Management Services. See Florida Statutes 282.0041
• Cybersecurity: means the protection afforded to an automated information system in order to attain the applicable objectives of preserving the confidentiality, integrity, and availability of data, information, and information technology resources. See Florida Statutes 282.0041
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Data: means a subset of structured information in a format that allows such information to be electronically retrieved and transmitted. See Florida Statutes 282.0041
• Data governance: means the practice of organizing, classifying, securing, and implementing policies, procedures, and standards for the effective use of an organization's data. See Florida Statutes 282.0041
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Management Services. See Florida Statutes 282.0041
• Devise: To gift property by will.
• Disaster recovery: means the process, policies, procedures, and infrastructure related to preparing for and implementing recovery or continuation of an agency's vital technology infrastructure after a natural or human-induced disaster. See Florida Statutes 282.0041
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District: means the community development district. See Florida Statutes 190.003
• District manager: means the manager of the district. See Florida Statutes 190.003
• District roads: means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges, and thoroughfares of all kinds and descriptions. See Florida Statutes 190.003
• Elector: means a landowner or qualified elector. See Florida Statutes 190.003
• Electronic: means technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Florida Statutes 282.0041
• Electronic information and information technology: includes information technology and any equipment or interconnected system or subsystem of equipment that is used in creating, converting, or duplicating data or information. See Florida Statutes 282.602
• Enterprise: means state agencies and the Department of Legal Affairs, the Department of Financial Services, and the Department of Agriculture and Consumer Services. See Florida Statutes 282.0041
• Enterprise architecture: means a comprehensive operational framework that contemplates the needs and assets of the enterprise to support interoperability. See Florida Statutes 282.0041
• 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}
• Event: means an observable occurrence in a system or network. See Florida Statutes 282.0041
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• 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}
• General obligation bonds: means bonds which are secured by, or provide for their payment by, the pledge, in addition to those special taxes levied for their discharge and such other sources as may be provided for their payment or pledged as security under the resolution authorizing their issuance, of the full faith and credit and taxing power of the district and for payment of which recourse may be had against the general fund of the district. See Florida Statutes 190.003
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Incident: means a violation or an imminent threat of violation, whether such violation is accidental or deliberate, of information technology resources, security, policies, or practices. See Florida Statutes 282.0041
• Information technology: means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. See Florida Statutes 282.602
• Information technology: means equipment, hardware, software, firmware, programs, systems, networks, infrastructure, media, and related material used to automatically, electronically, and wirelessly collect, receive, access, transmit, display, store, record, retrieve, analyze, evaluate, process, classify, manipulate, manage, assimilate, control, communicate, exchange, convert, converge, interface, switch, or disseminate information of any kind or form. See Florida Statutes 282.0041
• Information technology policy: means a definite course or method of action selected from among one or more alternatives that guide and determine present and future decisions. See Florida Statutes 282.0041
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interoperability: means the technical ability to share and use data across and throughout the enterprise. See Florida Statutes 282.0041
• 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.
• Landowner: means the owner of a freehold estate as appears by the deed record, including a trustee, a private corporation, and an owner of a condominium unit; it does not include a reversioner, remainderman, mortgagee, or any governmental entity, who shall not be counted and need not be notified of proceedings under this act. See Florida Statutes 190.003
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local general-purpose government: means a county, municipality, or consolidated city-county government. See Florida Statutes 190.003
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• 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.
• Open data: means data collected or created by a state agency, the Department of Legal Affairs, the Department of Financial Services, and the Department of Agriculture and Consumer Services, and structured in a way that enables the data to be fully discoverable and usable by the public. See Florida Statutes 282.0041
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Performance metrics: means the measures of an organization's activities and performance. See Florida Statutes 282.0041
• 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.
• 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
• Project: means an endeavor that has a defined start and end point; is undertaken to create or modify a unique product, service, or result; and has specific objectives that, when attained, signify completion. See Florida Statutes 282.0041
• Project: means any development, improvement, property, utility, facility, works, enterprise, or service now existing or hereafter undertaken or established under the provisions of this act. See Florida Statutes 190.003
• Project oversight: means an independent review and analysis of an information technology project that provides information on the project's scope, completion timeframes, and budget and that identifies and quantifies issues or risks affecting the successful and timely completion of the project. See Florida Statutes 282.0041
• Qualified elector: means any person at least 18 years of age who is a citizen of the United States, a legal resident of Florida and of the district, and who registers to vote with the supervisor of elections in the county in which the district land is located. See Florida Statutes 190.003
• Quorum: The number of legislators that must be present to do business.
• Ransomware incident: means a malicious cybersecurity incident in which a person or an entity introduces software that gains unauthorized access to or encrypts, modifies, or otherwise renders unavailable a state agency's, county's, or municipality's data and thereafter the person or entity demands a ransom to prevent the publication of the data, restore access to the data, or otherwise remediate the impact of the software. See Florida Statutes 282.0041
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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}
• Refunding bonds: means bonds issued to refinance outstanding bonds of any type and the interest and redemption premium thereon. See Florida Statutes 190.003
• 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.
• Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
• Revenue bonds: means obligations of the district which are payable from revenues derived from sources other than ad valorem taxes on real or tangible personal property and which do not pledge the property, credit, or general tax revenue of the district. See Florida Statutes 190.003
• Risk assessment: means the process of identifying security risks, determining their magnitude, and identifying areas needing safeguards. See Florida Statutes 282.0041
• Service level: means the key performance indicators (KPI) of an organization or service which must be regularly performed, monitored, and achieved. See Florida Statutes 282.0041
• Service-level agreement: means a written contract between the Department of Management Services or a provider of data center services and a customer entity which specifies the scope of services provided, the service level, the duration of the agreement, the responsible parties, and the service costs. See Florida Statutes 282.0041
• 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.
• sewer system: includes treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; all sewer mains, laterals, and other devices for the reception and collection of sewage from premises connected therewith; and all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such system and necessary or convenient for operation thereof. See Florida Statutes 190.003
• Standards: means required practices, controls, components, or configurations established by an authority. See Florida Statutes 282.0041
• State agency: means any agency of the executive, legislative, or judicial branch of state government. See Florida Statutes 282.602
• State agency: means any official, officer, commission, board, authority, council, committee, or department of the executive branch of state government; the Justice Administrative Commission; and the Public Service Commission. See Florida Statutes 282.0041
• SUNCOM Network: means the state enterprise telecommunications system that provides all methods of electronic or optical telecommunications beyond a single building or contiguous building complex and used by entities authorized as network users under this part. See Florida Statutes 282.0041
• Telecommunications: means the science and technology of communication at a distance, including electronic systems used in the transmission or reception of information. See Florida Statutes 282.0041
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Threat: means any circumstance or event that has the potential to adversely impact a state agency's operations or assets through an information system via unauthorized access, destruction, disclosure, or modification of information or denial of service. See Florida Statutes 282.0041
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• Undue burden: means significant difficulty or expense. See Florida Statutes 282.602
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Variance: means a calculated value that illustrates how far positive or negative a projection has deviated when measured against documented estimates within a project plan. See Florida Statutes 282.0041
• water management and control facilities: includes all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such water management and control facilities or necessary or convenient for the acquisition, construction, reconstruction, operation, or maintenance thereof. See Florida Statutes 190.003
• 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