Florida Statute 252.43 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XVII
MILITARY AFFAIRS AND RELATED MATTERS

Chapter 252
EMERGENCY MANAGEMENT

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F.S. 252.43

252.43 Compensation.—

(1) Compensation for services or for the taking or use of property shall be owed only to the extent that a claimant may not be deemed to have volunteered her or his services or property without compensation and only to the extent that such taking exceeds the legal responsibility of a claimant to render such services or make such property so available.

(2) Compensation owed for personal services shall be only such as may be fixed by the division.

(3) Compensation for property shall be owed only if the property was commandeered or otherwise used in coping with an emergency and its use or destruction was ordered by the Governor or a member of the emergency forces of this state.

(4) Any person claiming compensation for the use, damage, loss, or destruction of property under ss. 252.31-252.60 shall file a claim therefor with the division in the form and manner that the division provides.

(5) Unless the amount of compensation owed on account of property damaged, lost, or destroyed is agreed between the claimant and the division, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this state.

(6) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a firebreak or damage resulting from the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood or applies to or authorizes compensation beyond the extent of funds available for such compensation.

History.—s. 1, ch. 74-285; s. 1, ch. 77-174; s. 26, ch. 83-334; s. 134, ch. 95-148.

F.S. 252.43 on Google Scholar

F.S. 252.43 on Casetext

Amendments to 252.43

Arrestable Offenses / Crimes under Fla. Stat. 252.43

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 252.43.

Annotations, Discussions, Cases:

Cases Citing Statute 252.43

Total Results: 5

THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. RAYMOND A. DELLASELVA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-12T23:53:00-08:00

Snippet: excavate drainage paths to preserve property under § 252.43(6), Fla. Stat., the county's statutory authority

THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. RAYMOND A. DELLASELVA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-12T23:53:00-08:00

Snippet: excavate drainage paths to preserve property under § 252.43(6), Fla. Stat., the county's statutory authority

Barreto v. United Services Automobile Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-07T00:00:00-08:00

Citation: 82 So. 3d 159, 2012 WL 716093, 2012 Fla. App. LEXIS 3731

Snippet: hearing on the motion, the insurer agreed to pay $86,252.43. The homeowners filed a motion to lift the stay…the insurer's payments of $20,656.09 and $86,252.43 made after suit was filed were tantamount to confessions

Drake v. Walton County

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-14T00:00:00-07:00

Citation: 6 So. 3d 717, 2009 Fla. App. LEXIS 3236, 2009 WL 981218

Snippet: and that her claim is not precluded by section 252.43(6), Florida Statutes. Accordingly, we reverse and…reconfiguration followed declared emergencies under section 252.43(6), Florida Statutes. The trial court found that…1995 and 2005 were authorized pursuant to section 252.43(6).2 Further, Appellant concedes that the County…. We agree with Appellant and hold that section 252.43(6) does not grant the County immunity during an…drainage paths to preserve property under section 252.43(6), the Florida Constitution requires compensation

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-12-28T23:53:00-08:00

Snippet: applicable requirements for compensation under s. 252.43, commandeer or utilize any private property if …available to local disaster agencies, including s. 252.43(3), F. S., which provides: Compensation for