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Florida Statute 380.08 | Lawyer Caselaw & Research
F.S. 380.08 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 380.08

The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 380
LAND AND WATER MANAGEMENT
View Entire Chapter
F.S. 380.08
380.08 Protection of landowners’ rights.
(1) Nothing in this chapter authorizes any governmental agency to adopt a rule or regulation or issue any order that is unduly restrictive or constitutes a taking of property without the payment of full compensation, in violation of the constitutions of this state or of the United States.
(2) If any governmental agency authorized to adopt a rule or regulation or issue any order under this chapter determines that, to achieve the purposes of this chapter, it is in the public interest to acquire the fee simple or lesser interest in any parcel of land, such agency shall so certify to the state land planning agency, the Board of Trustees of the Internal Improvement Trust Fund, and other appropriate governmental agencies. Prior to such agency’s acquiring such land, the seller of the land shall file a statement with the department disclosing, for at least the last 5 years prior to the conveyance of title to the state, all financial transactions concerning the land and all parties having a financial interest in any transaction.
(3) If any governmental agency denies a development permit under this chapter, it shall specify its reasons in writing and indicate any changes in the development proposal that would make it eligible to receive the permit.
History.s. 8, ch. 72-317; s. 2, ch. 75-81; s. 16, ch. 84-330; s. 4, ch. 89-276; s. 15, ch. 92-288; s. 66, ch. 95-143.

F.S. 380.08 on Google Scholar

F.S. 380.08 on Casetext

Amendments to 380.08


Arrestable Offenses / Crimes under Fla. Stat. 380.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 380.08.



Annotations, Discussions, Cases:

Cases from cite.case.law:

N. GANSON, Jr. v. CITY OF MARATHON,, 222 So. 3d 17 (Fla. Dist. Ct. App. 2016)

. . . Landowners’ property practically useless, the Landowners are entitled to compensation”); see also § 380.08 . . .

MONROE COUNTY, a a v. AMBROSE,, 866 So. 2d 707 (Fla. Dist. Ct. App. 2003)

. . . Section 380.08, Florida Statutes (1997), provides that the government cannot adopt a rule or regulation . . .

SARASOTA COUNTY, a v. TAYLOR WOODROW HOMES LIMITED, n k a a a, 652 So. 2d 1247 (Fla. Dist. Ct. App. 1995)

. . . Although section 380.08, Florida Statutes (1973), would have allowed Taylor Woodrow Homes to challenge . . . Whether this dedication requirement was an excessive regulation under the constitution and under section 380.08 . . .

REAHARD P. v. LEE COUNTY,, 30 F.3d 1412 (11th Cir. 1994)

. . . Specifically, the Reahards invoked sections 163.3194(4)(b) and 380.08 of the Florida Statutes, Article . . .

BATTAGLIA PROPERTIES, LTD. v. FLORIDA LAND AND WATER ADJUDICATORY COMMISSION,, 629 So. 2d 161 (Fla. Dist. Ct. App. 1993)

. . . . § 380.08(1), Fla.Stat. (1991). In Snyder v. . . .

REAHARD P. v. LEE COUNTY,, 968 F.2d 1131 (11th Cir. 1992)

. . . .-3194(4)(b) and 380.08 of the Florida Statutes, under Article X, Section 6 of the Florida Constitution . . .

COSCAN FLORIDA, INC. v. METROPOLITAN DADE COUNTY,, 586 So. 2d 80 (Fla. Dist. Ct. App. 1991)

. . . Section 380.08(3), Florida Statutes (1987), provides that after specifying the reasons for denying a . . . is apparent to us that he made all the specific recommendations he could in compliance with section 380.08 . . .

FAIRFIELD COMMUNITIES, v. FLORIDA LAND AND WATER ADJUDICATORY COMMISSION,, 522 So. 2d 1012 (Fla. Dist. Ct. App. 1988)

. . . .-53(1) and the laws implemented are 380.07(3), 380.08(3), and 120.57(l)(b). .Rules 27G-1.06(2) and 27G . . .

JOINT VENTURES, INC. v. DEPARTMENT OF TRANSPORTATION,, 519 So. 2d 1069 (Fla. Dist. Ct. App. 1988)

. . . Additionally, Section 380.08(1), Florida Statutes, explicitly provides that no government agency may . . .

DEPARTMENT OF COMMUNITY AFFAIRS v. LUJAN,, 26 Fla. Supp. 2d 190 (Fla. Div. Admin. Hearings 1987)

. . . Section 380.08(3), Florida Statutes. . . .

FAIRFIELD COMMUNITIES, INC. v. FLORIDA LAND AND WATER ADJUDICATORY COMMISSION, 29 Fla. Supp. 2d 156 (Fla. Div. Admin. Hearings 1987)

. . . Section 380.08(2), Florida Statutes (1985). E.G., Londono v. . . .

FOX, v. TREASURE COAST REGIONAL PLANNING COUNCIL, v. FLORIDA LAND AND WATER ADJUDICATORY COMMISSION,, 442 So. 2d 221 (Fla. Dist. Ct. App. 1983)

. . . Section 380.08(3), Florida Statutes requires that a governmental agency denying a development permit . . . Under Section 380.08(1), Florida Statutes, the governmental agency may not issue an order that is unduly . . . The Recommended Order indicates that the hearing officer interpreted Section 380.08(3), Florida Statutes . . . restriction on the developer’s use of his land and not a taking of property in violation of Section 380.08 . . . Section 380.08(3), Florida Statutes: (3) If any governmental agency denies a development permit under . . .

GRAHAM, v. ESTUARY PROPERTIES, INC., 399 So. 2d 1374 (Fla. 1981)

. . . development which would make it possible for Estuary to receive the permit, as required by section 380.08 . . . does not indicate an intention to adopt the planning council’s changes in order to comply with section 380.08 . . . facts as found by the agency constituted a taking and therefore violated the constitution or section 380.08 . . . Land and Water Adjudicatory Commission with instructions to that commission to comply with section 380.08 . . .

R. ALBRECHT C. G. Jr. v. STATE O D. J. Jr. A. D. W. Jr., 407 So. 2d 210 (Fla. Dist. Ct. App. 1981)

. . . action, and remanded the case solely for specification by the agency of the matters required by section 380.08 . . . chapter 380 applied to the permit proceedings in the present case, but the principles embodied in section 380.08 . . . Section 380.08(1) says no more than that. . . . Section 380.08(1), Florida Statutes (1972). . . .

ESTUARY PROPERTIES, INC. v. O D. ASKEW, A. L. A. D., 381 So. 2d 1126 (Fla. Dist. Ct. App. 1979)

. . . F.S. 380.08, provides in part that: “(1) Nothing in this chapter authorizes any governmental agency to . . . Constitution, Article I, Section 9 and Article X, Section 6 of the Florida Constitution, and Section 380.08 . . . petitioner for the taking of the mangrove acreage lying below the salina, as contemplated by F.S.' 380.08 . . . denial of such rights violates the United States and Florida Constitutions and Sections 380.06(12) and 380.08 . . . Had they done so the provisions of F.S. 380.08(1) would have been activated and this entire proceeding . . .

CROSS KEY WATERWAYS v. O D. ASKEW CITY OF KEY WEST v. O D. ASKEW CITY OF KEY WEST v. O D. ASKEW, 351 So. 2d 1062 (Fla. Dist. Ct. App. 1977)

. . . Section 380.08(1). . . .

SARASOTA COUNTY, a v. BEKER PHOSPHATE CORPORATION, a a, 322 So. 2d 655 (Fla. Dist. Ct. App. 1975)

. . . Florida Statutes 380.06(8), 380.08, and 380.07 (2). . . .

RESTHAVEN MEMORIAL PARK CEMETERY ASSOCIATION, v. UNITED STATES, 155 F. Supp. 539 (W.D. Ky. 1957)

. . . .-34; March 14, 1952, $12.45; Total, $380.08. 11. . . . Memorial Park and Cemetery Association, recover of the defendant, United States of America, the sum of $380.08 . . .

E. GREEN v. ORION SHIPPING AND TRADING CO. Co. Co., 139 F. Supp. 431 (D. Md. 1956)

. . . During 1953 libellant earned $6,922.20 from respondent and $380.08 from others, a total of $7,300.38. . . .

In MICHAELIS LINDEMAN, 196 F. 718 (S.D.N.Y. 1912)

. . . to pay to the receiver in bankruptcy herein the sum of $380.89, less collection charges (i. e., net $380.08 . . .