The 2023 Florida Statutes (including Special Session C)

Title XXV
AVIATION

Chapter 333
AIRPORT ZONING

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F.S. 333.09

333.09 Administration of airport protection zoning regulations.—

(1) ADMINISTRATION.—All airport protection zoning regulations adopted under this chapter shall provide for the administration and enforcement of such regulations by the political subdivision or its administrative agency. The duties of any administrative agency designated pursuant to this chapter must include that of hearing and deciding all permits under s. 333.07, as they pertain to such agency, and all other matters under this chapter applying to said agency.

(2) LOCAL GOVERNMENT PROCESS.—

(a) A political subdivision required to adopt airport zoning regulations under this chapter shall provide a process to:

1. Issue or deny permits consistent with s. 333.07.

2. Provide the department with a copy of a complete application consistent with s. 333.025(4).

3. Enforce the issuance or denial of a permit or other determination made by the administrative agency with respect to airport zoning regulations.

(b) If a zoning board or permitting body already exists within a political subdivision, the zoning board or permitting body may implement the airport zoning regulation permitting and appeals processes.

(3) APPEALS.—

(a) A person, a political subdivision or its administrative agency, or a joint airport zoning board that contends a decision made by a political subdivision or its administrative agency is an improper application of airport zoning regulations may use the process established for an appeal.

(b) All appeals taken under this section must be taken within a reasonable time, as provided by the political subdivision or its administrative agency, by filing with the entity from which the appeal is taken a notice of appeal specifying the grounds for appeal.

(c) An appeal shall stay all proceedings in the underlying action appealed from, unless the entity from which the appeal is taken certifies pursuant to the rules for appeal that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases, proceedings may not be stayed except by order of the political subdivision or its administrative agency on notice to the entity from which the appeal is taken and for good cause shown.

(d) The political subdivision or its administrative agency shall set a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney.

(e) The political subdivision or its administrative agency may, in conformity with this chapter, affirm, reverse, or modify the decision on the permit or other determination from which the appeal is taken.

History.—s. 9, ch. 23079, 1945; s. 8, ch. 2016-209; s. 30, ch. 2016-239.

F.S. 333.09 on Google Scholar

F.S. 333.09 on Casetext

Amendments to 333.09

Arrestable Offenses / Crimes under Fla. Stat. 333.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 333.09.

Annotations, Discussions, Cases:

Cases from cite.case.law:

D. CLAPPER, v. WISCONSIN DEPARTMENT OF CORRECTIONS,, 946 F. Supp. 672 (E.D. Wis. 1996)

. . . See Wis.Admin.Code DOC § 333.09(1)(c) and § DOC 333.01. . . .

In D. FAGAN, OHIO CASUALTY INSURANCE COMPANY, v. D. FAGAN, In D. FAGAN, FIRST HERITAGE NATIONAL BANK, v. D. FAGAN,, 128 B.R. 297 (Bankr. N.D. Okla. 1991)

. . . The monies were advanced to the Debtor and on July 8, 1988, the Debtor paid the loan down to $333.09. . . . the Debtor entered into a Deferral Agreement with Phillips whereby the balance due under the note ($333.09 . . . knew he could not obtain additional advances on a “single pay note” after paying the balance down to $333.09 . . .

BODZIAK v. KRELL, 40 Fla. Supp. 2d 161 (Fla. Cty. Ct. 1990)

. . . This court rules that the liability provisions of Section 333.09 Florida Statutes (1989), do not apply . . .