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Florida Statute 8.05 - Full Text and Legal Analysis
Florida Statute 8.05 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 8.05 Case Law from Google Scholar Google Search for Amendments to 8.05

The 2025 Florida Statutes

Title II
STATE ORGANIZATION
Chapter 8
CONGRESSIONAL DISTRICTS
View Entire Chapter
8.05 Members of governmental agencies appointed pursuant to former district boundaries unaffected by new district boundaries.A change in the division of the state into congressional districts shall not vacate or otherwise affect the office of any member of a board or council who is serving at the time such change is effected and who was appointed by reference to a congressional district as it existed immediately prior to the effective date of such change. Any such member serving on such date shall continue to represent the congressional district in which the member resides until the expiration of his or her term. A vacancy shall exist in such board or council in any congressional district in which no existing member resides and the same shall be filled as provided by applicable law. If two or more such members reside in a single congressional district as constituted after such change, each shall be entitled to serve until the expiration of his or her term.
History.s. 3, ch. 72-390; s. 7, ch. 82-384; s. 4, ch. 95-147.

F.S. 8.05 on Google Scholar

F.S. 8.05 on CourtListener

Amendments to 8.05


Annotations, Discussions, Cases:

Cases Citing Statute 8.05

Total Results: 36  |  Sort by: Relevance  |  Newest First

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Zuzanna Juris v. Inamed Corp., 685 F.3d 1294 (11th Cir. 2012).

Cited 73 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 2681445, 2012 U.S. App. LEXIS 13841

Rubenstein et al., Newberg on Class Actions § 8:5 (4th ed. 2011) (“[T]he court may make appropriate
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Fred Kyle v. Jack Hanberry & Norman Carlson, 677 F.2d 1386 (11th Cir. 1982).

Cited 57 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 18489

...If prison officials believe that there would be little risk involved, having an informant appear in camera before the IDC would certainly be one means of assessing reliability. Other procedures, though, would also suffice. See generally J. Gobert and N. Cohen, Rights of Prisoners § 8.05 (1981)....
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Southlake Prop. Assocs., Ltd. v. City of Morrow, 112 F.3d 1114 (11th Cir. 1997).

Cited 38 times | Published | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 11315, 1997 WL 212214

ordinance prohibits billboards. 1 Section 8-5-l(4) of the ordinance defines a billboard as
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Pub. Emp. Rel. Com'n v. Dist. Schppl Bd., 374 So. 2d 1005 (Fla. 2d DCA 1979).

Cited 21 times | Published | Florida 2nd District Court of Appeal

S.C.A. Section 158; Annot., 16 L.Ed.2d 1143, Section 8.5 (1967). Since federal courts have jurisdiction
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Owens v. State, 316 So. 2d 537 (Fla. 1975).

Cited 19 times | Published | Supreme Court of Florida

11) and in the legislative article (art. III, § 8). [5] Section 947.16(1), Fla. Stat. (1973). [6] Owens
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Sarasota All. for Fair Elections, Inc. v. Browning, 28 So. 3d 880 (Fla. 2010).

Cited 15 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 101, 2010 Fla. LEXIS 218, 2010 WL 455276

Sarasota County, Fla., County Charter, Art. VIII, § 8.5 (2000). Thus, the determinative question is whether
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LAMAR-ORLANDO, ETC. v. City of Ormond Beach, 415 So. 2d 1312 (Fla. 5th DCA 1982).

Cited 13 times | Published | Florida 5th District Court of Appeal

leased, for the display of advertising material." Section 8(5) prohibited "billboard type signs" within the
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Matter of Hamlin's Landing Jt. Venture, 77 B.R. 916 (Bankr. M.D. Fla. 1987).

Cited 11 times | Published | United States Bankruptcy Court, M.D. Florida | 1987 Bankr. LEXIS 1418

...operties of whatever kind owned or thereafter acquired by the Debtor. It is not disputed that this is a single-asset case and all assets of the Debtor are encumbered in favor of Freedom to secure the original indebtedness. In addition, the Debtor by § 8.05 of the Loan Agreement (Freedom Exh....
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Figueroa v. Sharper Image Corp., 517 F. Supp. 2d 1292 (S.D. Fla. 2007).

Cited 8 times | Published | District Court, S.D. Florida | 69 Fed. R. Serv. 3d 667, 2007 U.S. Dist. LEXIS 78316, 2007 WL 2979785

two-year redemption period. (Id. at 8 (quoting TASA § 8.5)). Moreover, fewer than 20% of the coupons available
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Le Juene Road Hosp., Incorpoation v. Watson, 171 So. 2d 202 (Fla. 3d DCA 1965).

Cited 8 times | Published | Florida 3rd District Court of Appeal

398, 157 So. 224 (1934); 41 C.J.S. Hospitals § 8. [5] What has been said above does not in any way
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Four Seasons Hotels & Resorts B v. v. Consorcio Barr, S.A., 267 F. Supp. 2d 1268 (S.D. Fla. 2003).

Cited 6 times | Published | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 8717, 2003 WL 21212185

...d be taking over the cash management on December 1, 2001, in accordance with the parties' agreements. (Dunnigan, 1/9/03 Tr. 160: 13-21). 449. Four Seasons then took over the management of the cash proceeds from the operation of the hotel pursuant to Section 8.05(b) of the Management Agreement, which entailed processing the credit card receipts into new and different banking accounts and depositing cash receipts into places that were controlled by Four Seasons Caracas, C.A....
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Frye v. Miami-Dade Cnty., 2 So. 3d 1063 (Fla. 3d DCA 2009).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 752, 2009 WL 249219

of the Eleventh Judicial Circuit pursuant to Section 8-5(m) of the Code of Miami-Dade County. See Fla
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Dinkins v. Dinkins, 120 So. 3d 601 (Fla. 5th DCA 2013).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2013 WL 3834371, 2013 Fla. App. LEXIS 11732

Restatement (Third) of Prop.: Wills & Don. Trans. § 8.5 cmt. b, para. 2 (2003). Thus, a beneficiary cannot
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Aluia v. Dyck-O'Neal, Inc., 205 So. 3d 768 (Fla. 2d DCA 2016).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 10881

(quoting Restatement (Third) of Prop.: Mortgs. § 8.5 (1997)), or that "[t]he doctrine of merger notwithstanding
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Julian Depot Miami, LLC v. Home Depot U.S.A., Inc., 364 F. Supp. 3d 1354 (S.D. Fla. 2018).

Cited 1 times | Published | District Court, S.D. Florida

automatically pass to Landlord." (Id. ) Similarly, section 8.5 provides that "[a]fter the expiration ... of
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AHE Realty Assoc., LLC v. Miami-Dade Cnty., 320 F. Supp. 3d 1322 (S.D. Fla. 2018).

Cited 1 times | Published | District Court, S.D. Florida

declaring the Building unsafe within the meaning of Section 8-5 of the Miami-Dade County Code ("MDC Code"). Id
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Owens v. State, 866 So. 2d 129 (Fla. 5th DCA 2004).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 256445

(footnotes omitted.) LAFAVE & SCOTT, CRIMINAL LAW § 8.5, at 722 (2d ed.1986). Florida appears to follow
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Rojas v. Law Offices of Daniel C. Consuegra, P.L., 142 F. Supp. 3d 1206 (M.D. Fla. 2015).

Cited 1 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 151373, 2015 WL 6777609

obligation.” Restatement (Third) of Prop.: Mortgs. § 8.5 (1997). According to the drafters of the Restatement:
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Harris v. Iorio, 922 F. Supp. 588 (M.D. Fla. 1996).

Cited 1 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 8402, 1996 WL 203283

...This cause is before the Court on Defendants' Motion to Dismiss Complaint with Prejudice (Doc. No. 3, filed October 19, 1995). Plaintiff filed a response on November 13, 1995 (Doc. No. 5). The Court heard oral argument on the motion on April 19, 1996. Plaintiff's complaint alleges a constitutional challenge to § 8.05 of the Related Laws of the City of Tampa....
...ntiff. In order to have jurisdiction in this case, the Plaintiff must allege a federal question arising under the Constitution, laws or treaties of the United States in his complaint. Constitutional Challenges to the City Ordinance An examination of § 8.05 of the Related Laws of the City of Tampa reveals that it provides two alternative means for candidates to gain access to the ballot for an elected office....
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Clausell v. State, 548 So. 2d 889 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 2190, 1989 Fla. App. LEXIS 5127, 1989 WL 106774

103 S.Ct. 266, 74 L.Ed.2d 207 (1982); 3 W. LaFave § 8.5(e) (2d Ed. 1987), that the February 11 entry and
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CDC Builders, Inc. v. Biltmore-Sevilla Debt Investors, LLC, 151 So. 3d 479 (Fla. 3d DCA 2014).

Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 14385, 2014 WL 4628515

(Third) of Property *484 (Mortgages) § 8.5 cmt. d ("As it does in other contexts, this section
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Rich Capitol, LLC v. Wachovia Bank, N.A. (In Re Rich Capitol, LLC), 436 B.R. 224 (Bankr. S.D. Fla. 2010).

Published | United States Bankruptcy Court, S.D. Florida.

of a receiver for the Capital Walk project. Section 8.5 of the Mortgage preserves Wachovia's rights under
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T.D.W. v. State, 42 So. 3d 959 (Fla. 4th DCA 2010).

Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 12714

DCA 2004) (citing Lafave & Soott, CRiminal Law § 8.5, at 722 (2d ed. 1986) (footnotes omitted)). All
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TDW v. State, 42 So. 3d 959 (Fla. 4th DCA 2010).

Published | Florida 4th District Court of Appeal | 2010 WL 3418389

DCA 2004) (citing LAFAVE & SCOTT, CRIMINAL LAW § 8.5, at 722 (2d ed. 1986) (footnotes omitted)). All
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Ago (Fla. Att'y Gen. 2009).

Published | Florida Attorney General Reports

at n. 24. 30 Section 8(3), supra at n. 24. 31 Section 8(5), supra at n. 24. 32 Section 8, supra at n. 24
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Eva Tita v. Est. of John P. Tita (Fla. 4th DCA 2022).

Published | Florida 4th District Court of Appeal

unless the Company exercises its rights under Section 8.5, the successor in interest to the Member
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Zuzanna Juris v. Inamed Corp. (11th Cir. 2012).

Published | Court of Appeals for the Eleventh Circuit

B. Rubenstein et al., Newberg on Class Actions § 8:5 (4th ed. 2011) (“[T]he court may make Court questioned
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Comm'n v. Dist. Sch. Bd., 374 So. 2d 1005 (Fla. 1st DCA 1979).

Published | Florida 1st District Court of Appeal | 102 L.R.R.M. (BNA) 2689, 1979 Fla. App. LEXIS 15033

S.C.A. Section 158; Annot., 16 L.Ed.2d 1143, Section 8.5 (1967). Since federal courts have jurisdiction
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State, Dep't of Health & Rehabilitative Servs. v. E.D.S. Fed. Corp., 622 So. 2d 90 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 7631, 1993 WL 274221

to the filing of a notice of direct appeal. Id. § 8.5 at 135. The Florida Bar’s Florida Appellate Practice
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Ago (Fla. Att'y Gen. 2007).

Published | Florida Attorney General Reports

personnel to assist it in carrying out its duties. Section 8.05(D) of the Charter provides: "A governmental
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In re Transition Rule 20, Traffic Court Rules 6.470(c) & 6.560, 306 So. 2d 505 (Fla. 1975).

Published | Supreme Court of Florida | 1975 Fla. LEXIS 3802

may be collected as provided in Chapter 74-386, § 8(5), (Fla.Stat. § 943.25(5), F.S.A. (1975)). Where
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Mark Koyfman v. 1572 Pledger LLC (Fla. 3d DCA 2020).

Published | Florida 3rd District Court of Appeal

obligation. Restatement (Third) of Property § 8.5 cmt. c (1997). We observed that “[t]his rule has
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Ogletree Ex Rel. Est. Ogletree v. Columbia Cnty., 34 F. Supp. 2d 1349 (M.D. Fla. 1997).

Published | District Court, M.D. Florida | 1997 U.S. Dist. LEXIS 22857, 1997 WL 1055134

policy. Erwin Chemerinsky, Federal Jurisdiction § 8.5.2, p. 447 (1994). These are: (1) the actions of
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Tower Hotel, LLC v. City of Miami (Fla. 3d DCA 2024).

Published | Florida 3rd District Court of Appeal

been submitted,” and all repairs must be 1 See § 8-5, Miami-Dade County Code; § 10-101, City of Miami
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Ago (Fla. Att'y Gen. 1975).

Published | Florida Attorney General Reports

1974, and became effective January 1, 1975. Section 8.05 of the Charter provides: The County Commission
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Bass v. City of Orlando, 57 F. Supp. 2d 1318 (M.D. Fla. 1999).

Published | District Court, M.D. Florida | 1999 U.S. Dist. LEXIS 18607, 1999 WL 540818

following year. The Special Act also provides in Section 8(5) that disability pension benefits would be reduced

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.