Florida Statute 8.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title II
STATE ORGANIZATION

Chapter 8
CONGRESSIONAL DISTRICTS

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F.S. 8.05

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.

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Amendments to 8.05

Annotations, Discussions, Cases:

Cases Citing Statute 8.05

Total Results: 38

Zuzanna Juris v. Inamed Corporation

685 F.3d 1294, 2012 WL 2681445, 2012 U.S. App. LEXIS 13841

Court of Appeals for the Eleventh Circuit | Filed: Jul 6, 2012 | Docket: 1386591

Cited 73 times | Published

Rubenstein et al., Newberg on Class Actions § 8:5 (4th ed. 2011) (“[T]he court may make appropriate

Fred Kyle v. Jack Hanberry and Norman Carlson

677 F.2d 1386, 1982 U.S. App. LEXIS 18489

Court of Appeals for the Eleventh Circuit | Filed: Jun 11, 1982 | Docket: 1020823

Cited 57 times | Published

J. Gobert and N. Cohen, Rights of Prisoners § 8.05 (1981). For example, due process may be satisfied

Southlake Property Associates, Ltd. v. City of Morrow

112 F.3d 1114, 1997 U.S. App. LEXIS 11315, 1997 WL 212214

Court of Appeals for the Eleventh Circuit | Filed: May 15, 1997 | Docket: 420887

Cited 38 times | Published

ordinance prohibits billboards. 1 Section 8-5-l(4) of the ordinance defines a billboard as

Public Emp. Rel. Com'n v. District Schppl Bd.

374 So. 2d 1005

District Court of Appeal of Florida | Filed: Jul 6, 1979 | Docket: 430734

Cited 21 times | Published

S.C.A. Section 158; Annot., 16 L.Ed.2d 1143, Section 8.5 (1967). Since federal courts have jurisdiction

Owens v. State

316 So. 2d 537

Supreme Court of Florida | Filed: Jul 10, 1975 | Docket: 1455927

Cited 19 times | Published

11) and in the legislative article (art. III, § 8). [5] Section 947.16(1), Fla. Stat. (1973). [6] Owens

Sarasota Alliance for Fair Elections, Inc. v. Browning

28 So. 3d 880, 35 Fla. L. Weekly Supp. 101, 2010 Fla. LEXIS 218, 2010 WL 455276

Supreme Court of Florida | Filed: Feb 11, 2010 | Docket: 1652597

Cited 15 times | Published

Sarasota County, Fla., County Charter, Art. VIII, § 8.5 (2000). Thus, the determinative question is whether

Sarasota Alliance for Fair Elections, Inc. v. Browning

28 So. 3d 880, 35 Fla. L. Weekly Supp. 101, 2010 Fla. LEXIS 218, 2010 WL 455276

Supreme Court of Florida | Filed: Feb 11, 2010 | Docket: 1652597

Cited 15 times | Published

Sarasota County, Fla., County Charter, Art. VIII, § 8.5 (2000). Thus, the determinative question is whether

LAMAR-ORLANDO, ETC. v. City of Ormond Beach

415 So. 2d 1312

District Court of Appeal of Florida | Filed: Jun 9, 1982 | Docket: 459241

Cited 13 times | Published

leased, for the display of advertising material." Section 8(5) prohibited "billboard type signs" within the

Matter of Hamlin's Landing Joint Venture

77 B.R. 916, 1987 Bankr. LEXIS 1418

United States Bankruptcy Court, M.D. Florida | Filed: Sep 8, 1987 | Docket: 1867159

Cited 11 times | Published

original indebtedness. In addition, the Debtor by § 8.05 of the Loan Agreement (Freedom Exh. # 1) pledged

Figueroa v. Sharper Image Corp.

517 F. Supp. 2d 1292, 69 Fed. R. Serv. 3d 667, 2007 U.S. Dist. LEXIS 78316, 2007 WL 2979785

District Court, S.D. Florida | Filed: Oct 11, 2007 | Docket: 2286365

Cited 8 times | Published

two-year redemption period. (Id. at 8 (quoting TASA § 8.5)). Moreover, fewer than 20% of the coupons available

LE JUENE ROAD HOSPITAL, INCORPOATION v. Watson

171 So. 2d 202

District Court of Appeal of Florida | Filed: Jan 26, 1965 | Docket: 1238111

Cited 8 times | Published

398, 157 So. 224 (1934); 41 C.J.S. Hospitals § 8. [5] What has been said above does not in any way

Four Seasons Hotels & Resorts B v. v. Consorcio Barr, S.A.

267 F. Supp. 2d 1268, 2003 U.S. Dist. LEXIS 8717, 2003 WL 21212185

District Court, S.D. Florida | Filed: May 9, 2003 | Docket: 2439742

Cited 6 times | Published

from the operation of the hotel pursuant to Section 8.05(b) of the Management Agreement, which entailed

Frye v. Miami-Dade County

2 So. 3d 1063, 2009 Fla. App. LEXIS 752, 2009 WL 249219

District Court of Appeal of Florida | Filed: Feb 4, 2009 | Docket: 1137442

Cited 5 times | Published

of the Eleventh Judicial Circuit pursuant to Section 8-5(m) of the Code of Miami-Dade County. See Fla

Aluia v. Dyck-O'Neal, Inc.

205 So. 3d 768, 2016 Fla. App. LEXIS 10881

District Court of Appeal of Florida | Filed: Jul 15, 2016 | Docket: 4111232

Cited 2 times | Published

(quoting Restatement (Third) of Prop.: Mortgs. § 8.5 (1997)), or that "[t]he doctrine of merger notwithstanding

Dinkins v. Dinkins

120 So. 3d 601, 2013 WL 3834371, 2013 Fla. App. LEXIS 11732

District Court of Appeal of Florida | Filed: Jul 26, 2013 | Docket: 60234150

Cited 2 times | Published

Restatement (Third) of Prop.: Wills & Don. Trans. § 8.5 cmt. b, para. 2 (2003). Thus, a beneficiary cannot

Julian Depot Miami, LLC v. Home Depot U.S.A., Inc.

364 F. Supp. 3d 1354

District Court, S.D. Florida | Filed: Nov 19, 2018 | Docket: 64323126

Cited 1 times | Published

automatically pass to Landlord." (Id. ) Similarly, section 8.5 provides that "[a]fter the expiration ... of

AHE Realty Assoc., LLC v. Miami-Dade Cnty.

320 F. Supp. 3d 1322

District Court, S.D. Florida | Filed: Jun 29, 2018 | Docket: 64319594

Cited 1 times | Published

declaring the Building unsafe within the meaning of Section 8-5 of the Miami-Dade County Code ("MDC Code"). Id

Rojas v. Law Offices of Daniel C. Consuegra, P.L.

142 F. Supp. 3d 1206, 2015 U.S. Dist. LEXIS 151373, 2015 WL 6777609

District Court, M.D. Florida | Filed: Apr 22, 2015 | Docket: 64305137

Cited 1 times | Published

obligation.” Restatement (Third) of Prop.: Mortgs. § 8.5 (1997). According to the drafters of the Restatement:

Owens v. State

866 So. 2d 129, 2004 WL 256445

District Court of Appeal of Florida | Filed: Feb 13, 2004 | Docket: 1680121

Cited 1 times | Published

(footnotes omitted.) LAFAVE & SCOTT, CRIMINAL LAW § 8.5, at 722 (2d ed.1986). Florida appears to follow

Harris v. Iorio

922 F. Supp. 588, 1996 U.S. Dist. LEXIS 8402, 1996 WL 203283

District Court, M.D. Florida | Filed: Apr 19, 1996 | Docket: 1163296

Cited 1 times | Published

complaint alleges a constitutional challenge to § 8.05 of the Related Laws of the City of Tampa. Plaintiff's

Tower Hotel, LLC v. City of Miami

District Court of Appeal of Florida | Filed: Apr 24, 2024 | Docket: 68227293

Published

been submitted,” and all repairs must be 1 See § 8-5, Miami-Dade County Code; § 10-101, City of Miami

EVA TITA v. ESTATE OF JOHN P. TITA

District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127640

Published

unless the Company exercises its rights under Section 8.5, the successor in interest to the Member

MARK KOYFMAN v. 1572 PLEDGER LLC

District Court of Appeal of Florida | Filed: Dec 16, 2020 | Docket: 18747976

Published

obligation. Restatement (Third) of Property § 8.5 cmt. c (1997). We observed that “[t]his rule has

CDC Builders, Inc. v. Biltmore-Sevilla Debt Investors, LLC

151 So. 3d 479, 2014 Fla. App. LEXIS 14385, 2014 WL 4628515

District Court of Appeal of Florida | Filed: Sep 17, 2014 | Docket: 1255818

Published

(Third) of Property *484 (Mortgages) § 8.5 cmt. d ("As it does in other contexts, this section

Zuzanna Juris v. Inamed Corporation

Court of Appeals for the Eleventh Circuit | Filed: Jul 6, 2012 | Docket: 2904393

Published

B. Rubenstein et al., Newberg on Class Actions § 8:5 (4th ed. 2011) (“[T]he court may make Court questioned

Rich Capitol, LLC v. Wachovia Bank, N.A. (In Re Rich Capitol, LLC)

436 B.R. 224

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 15, 2010 | Docket: 2073087

Published

of a receiver for the Capital Walk project. Section 8.5 of the Mortgage preserves Wachovia's rights under

T.D.W. v. State

42 So. 3d 959, 2010 Fla. App. LEXIS 12714

District Court of Appeal of Florida | Filed: Sep 1, 2010 | Docket: 60295382

Published

DCA 2004) (citing Lafave & Soott, CRiminal Law § 8.5, at 722 (2d ed. 1986) (footnotes omitted)). All

TDW v. State

42 So. 3d 959, 2010 WL 3418389

District Court of Appeal of Florida | Filed: Sep 1, 2010 | Docket: 2398486

Published

DCA 2004) (citing LAFAVE & SCOTT, CRIMINAL LAW § 8.5, at 722 (2d ed. 1986) (footnotes omitted)). All

Ago

Florida Attorney General Reports | Filed: Oct 13, 2009 | Docket: 3258557

Published

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

Ago

Florida Attorney General Reports | Filed: Jan 26, 2007 | Docket: 3257428

Published

personnel to assist it in carrying out its duties. Section 8.05(D) of the Charter provides: "A governmental

Bass v. City of Orlando

57 F. Supp. 2d 1318, 1999 U.S. Dist. LEXIS 18607, 1999 WL 540818

District Court, M.D. Florida | Filed: Apr 16, 1999 | Docket: 2289079

Published

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

Ogletree Ex Rel. Estate Ogletree v. Columbia County

34 F. Supp. 2d 1349, 1997 U.S. Dist. LEXIS 22857, 1997 WL 1055134

District Court, M.D. Florida | Filed: Aug 13, 1997 | Docket: 2276165

Published

policy. Erwin Chemerinsky, Federal Jurisdiction § 8.5.2, p. 447 (1994). These are: (1) the actions of

State, Department of Health & Rehabilitative Services v. E.D.S. Federal Corp.

622 So. 2d 90, 1993 Fla. App. LEXIS 7631, 1993 WL 274221

District Court of Appeal of Florida | Filed: Jul 22, 1993 | Docket: 64698000

Published

to the filing of a notice of direct appeal. Id. § 8.5 at 135. The Florida Bar’s Florida Appellate Practice

Clausell v. State

548 So. 2d 889, 14 Fla. L. Weekly 2190, 1989 Fla. App. LEXIS 5127, 1989 WL 106774

District Court of Appeal of Florida | Filed: Sep 19, 1989 | Docket: 64644853

Published

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

Clausell v. State

548 So. 2d 889, 14 Fla. L. Weekly 2190, 1989 Fla. App. LEXIS 5127, 1989 WL 106774

District Court of Appeal of Florida | Filed: Sep 19, 1989 | Docket: 64644853

Published

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

Commission v. District School Board

374 So. 2d 1005, 102 L.R.R.M. (BNA) 2689, 1979 Fla. App. LEXIS 15033

District Court of Appeal of Florida | Filed: Jul 6, 1979 | Docket: 64571880

Published

S.C.A. Section 158; Annot., 16 L.Ed.2d 1143, Section 8.5 (1967). Since federal courts have jurisdiction

Ago

Florida Attorney General Reports | Filed: Apr 18, 1975 | Docket: 3258045

Published

1974, and became effective January 1, 1975. Section 8.05 of the Charter provides: The County Commission

In re Transition Rule 20, Traffic Court Rules 6.470(c) & 6.560

306 So. 2d 505, 1975 Fla. LEXIS 3802

Supreme Court of Florida | Filed: Jan 13, 1975 | Docket: 64543886

Published

may be collected as provided in Chapter 74-386, § 8(5), (Fla.Stat. § 943.25(5), F.S.A. (1975)). Where