§ 1-2. Rules of construction and definitions.

In the construction of this Code, and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the board of county commissioners. The rules of construction and definitions set out in this section shall not be applied to any section of this Code which shall contain any express provisions excluding such construction, or where the subject matter or context of such section may be repugnant thereto.

Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the board of county commissioners may be fully carried out. The provisions of this article shall be liberally construed so as to effect its purposes. Terms used in this Code, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of the state for the same terms.

State Law reference— Construction of statutes, F.S. ch. 1.

In the interpretation and application of any provisions of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

In case of any difference of meaning or implication between text and any caption, illustration, summary table or illustrative table, the text shall control.

Board of county commissioners. The term "board of county commissioners" shall mean the Board of County Commissioners of Orange County, Florida. The term "board of county commissioners" shall include the county chairman.

Charter or county charter. The term "charter" or "county charter" shall mean the Orange County Charter.

Circuit court. The term "circuit court" shall mean the Circuit Court of the Ninth Judicial Circuit in and for Orange County.

Clerk of the circuit court or county clerk. The term "clerk of the circuit court" or "county clerk" shall mean the clerk of the Circuit Court of the Ninth Judicial Circuit in and for Orange County.

Code. The term "Code" shall mean the Orange County Code, as designated in section 1-1.

Computation of time. In computing any period of time prescribed or allowed by ordinance, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

State Law reference— Similar provisions, Fla. R.Civ.P. 1.090(a).

Conjunctions. Where a provision involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows:

(1)

And indicates that all the connected terms, conditions, provisions or events shall apply.

(2)

Or indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3)

Either … or indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

County. The term "county" shall mean Orange County, Florida.

County court. The words "county court" shall mean the County Court of Orange County, Florida.

County limits. The term "county limits" shall mean the legal boundaries of Orange County.

State Law reference— Boundaries of Orange County, F.S. § 7.48.

Delegation of authority. Whenever a provision requires the head of a department or some other county officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty.

F.A.C. The abbreviation "F.A.C." shall mean the Florida Administrative Code, as amended.

F.S. The abbreviation "F.S." shall mean the latest edition of Florida Statutes, as amended.

Gender. Words importing the masculine gender shall include the feminine and neuter.

Includes. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Keeper and proprietor. The word "keeper" or the word "proprietor" shall mean and include persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.

May. The word "may" is to be construed as being permissive.

May not. The term "may not" shall have a prohibitory effect and shall state a prohibition.

Month. The word "month" shall mean a calendar month.

Must. The word "must" shall be construed as being mandatory.

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person and thing. The use of the plural number shall be deemed to include any single person or thing.

Oath. The word "oath" shall include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

Officer, official. Whenever reference is made to any officer or official, the reference will be taken to be to such officer or official of Orange County, Florida.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or part of such building or land.

Person. The word "person" shall extend and be applied to individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups and legal entities or combinations thereof.

State Law reference— Similar provisions, F.S. § 1.01(3).

Property. The word "property" shall include real and personal property.

Shall. The word "shall" shall be construed as being mandatory.

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

State. The word "state" shall mean the State of Florida.

Street or road. The word "street" or the word "road" shall be construed to embrace streets, avenues, boulevards, roads, alleys, viaducts and all other public highways in the county, unless otherwise provided herein.

Subdivision ordinance, subdivision regulations and subdivision resolution. The terms "subdivision ordinance," "subdivision regulations," and "subdivision resolution" shall be synonymous and shall refer to the legislation codified in chapter 34 of this Code.

Tenant or occupant. The word "tenant" or the term "occupant," applied to a building or land, shall include any person holding a written or oral lease of or who occupies the whole or part of such building or land, either alone or with others.

Week. The word "week" shall be construed to mean seven (7) days.

Written or in writing. The term "written" or the term "in writing" shall be construed to include any representation of words, letters or figures whether by printing or otherwise.

Year. The word "year" shall mean a calendar year.

Zoning ordinance, zoning resolution, planning and zoning ordinance, planning and zoning resolution. The terms "zoning ordinance," "zoning resolution," "planning and zoning ordinance" and "planning and zoning resolution" shall be synonymous and shall refer to the legislation codified in chapter 38 of this Code.