Florida Statutes
Fla. Stat. § 252.43 (2025)
Compensation.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 3
cases, 2009–2019 · leading case: Drake v. Walton Cnty., 6 So. 3d 717 (Fla. 1st DCA 2009).
Drake v. Walton Cnty., 6 So. 3d 717 (Fla. 1st DCA 2009). “We hold as a matter of law that the County's action constitutes a taking of Appellant's private property for a public purpose and that her claim is not precluded by section 252.43(6), Florida Statutes. Accordingly, we reverse and remand for the court to enter a final judgment in…”
The Florida Dep't of Agric. & Consum. Servs. v. Raymond a. Dellaselva (Fla. 2d DCA 2019). “1st DCA 2009), the First District Court of Appeal held that regardless of the county's statutory authority to excavate drainage paths to preserve property under § 252.43(6), Fla. Stat., the county's statutory authority "must yield to Article 10, section 6 of the Florida…”
The Florida Dep't of Agric. & Consum. Servs. v. Raymond a. Dellaselva (Fla. 2d DCA 2019). “1st DCA 2009), the First District Court of Appeal held that regardless of the county's statutory authority to excavate drainage paths to preserve property under § 252.43(6), Fla. Stat., the county's statutory authority "must yield to Article 10, section 6 of the Florida…”
— 252.43(6) — 3 cases
Drake v. Walton Cnty., 6 So. 3d 717 (Fla. 1st DCA 2009). “We hold as a matter of law that the County's action constitutes a taking of Appellant's private property for a public purpose and that her claim is not precluded by section 252.43(6), Florida Statutes. Accordingly, we reverse and remand for the court to enter a final judgment in…”
The Florida Dep't of Agric. & Consum. Servs. v. Raymond a. Dellaselva (Fla. 2d DCA 2019). “1st DCA 2009), the First District Court of Appeal held that regardless of the county's statutory authority to excavate drainage paths to preserve property under § 252.43(6), Fla. Stat., the county's statutory authority "must yield to Article 10, section 6 of the Florida…”
The Florida Dep't of Agric. & Consum. Servs. v. Raymond a. Dellaselva (Fla. 2d DCA 2019). “1st DCA 2009), the First District Court of Appeal held that regardless of the county's statutory authority to excavate drainage paths to preserve property under § 252.43(6), Fla. Stat., the county's statutory authority "must yield to Article 10, section 6 of the Florida…”
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