Florida Statute 255.042 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 255
PUBLIC PROPERTY AND PUBLICLY OWNED BUILDINGS

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F.S. 255.042

255.042 Shelter in public buildings.—

(1) It shall be the policy of the state that fallout protection be incorporated to the fullest practical extent in all public buildings of the state and its political subdivisions, which would have a floor area capable of sheltering 100 or more persons in order to provide protection against radiation hazards for the greatest number of persons, including employees of state and local government, in the event of nuclear attack.

(2) Every officer, department, board, agency or commission of the state, or of the political subdivisions thereof, responsible for the preparation of, or contracting for, plans and specifications for new public buildings, or for the substantial modification of or additions to existing public buildings, may require that the architect, architect-engineer firm, or other person or persons involved in the design of such buildings, provide a minimum protection factor of 40-to-1 or such protection as is possible within available funds in such design, or provide for consideration at the same time as the basic plan, alternate plans affording this protection.

(3) The Division of Emergency Management shall, in those cases in which the architect-engineer firm does not possess the specialized training required for the inclusion of fallout protection in building design and upon request from the architect-engineer concerned or the responsible state or local agency, provide, at no cost to the architect-engineer or agency, professional development service to increase fallout protection through shelter slanting and cost-reduction techniques.

(4) Nothing in this section establishes a mandatory requirement for the incorporation of fallout shelter in the construction of, modification of, or addition to the public buildings concerned. It is mandatory, however, that the incorporation of such protection be given every consideration through acceptable shelter slanting and cost-reduction techniques. The responsible state or local official shall determine whether cost, or other related factors, precludes or makes impracticable the incorporation of fallout shelter in public buildings. Further, the Division of Emergency Management may waive the requirement for consideration of shelter in those cases where presently available shelter spaces equal or exceed the requirements of the area concerned.

(5) Nothing in this act shall apply to school buildings erected by the school board.

History.—s. 1, ch. 67-88; ss. 18, 35, ch. 69-106; s. 1, ch. 69-300; s. 25, ch. 81-167; s. 23, ch. 83-55; s. 116, ch. 2011-142.

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Amendments to 255.042

Arrestable Offenses / Crimes under Fla. Stat. 255.042

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 255.042.

Annotations, Discussions, Cases:

Cases Citing Statute 255.042

Total Results: 5

Stivers v. Ford Motor Credit Co.

Court: District Court of Appeal of Florida | Date Filed: 2000-12-27

Citation: 777 So. 2d 1023, 2000 Fla. App. LEXIS 16890, 2000 WL 1872986

Snippet: threatens the health or safety of students"); § 255.042(1), Fla. Stat. (2000) ("radiation hazards" in the

Weaver v. Leon County Classroom Teachers Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1996-03-27

Citation: 680 So. 2d 478, 1996 Fla. App. LEXIS 3036, 1996 WL 134304

Snippet: religion, sex, or national origin." 78 Stat. 255, 42 U.S.C. § 2000e-2(c)(1). (Emphasis added.) Both

Klosters Rederi A/S v. Cowden

Court: District Court of Appeal of Florida | Date Filed: 1984-04-03

Citation: 447 So. 2d 1017

Snippet: See Carlisle Packing Co. v. Sandanger, 259 U.S. 255, 42 S.Ct. 475, 66 L.Ed. 927 (1922). With regard to

Bruce's Juices, Inc. v. American Can Company

Court: Supreme Court of Florida | Date Filed: 1944-10-20

Citation: 22 So. 2d 461, 155 Fla. 877, 1944 Fla. LEXIS 558

Snippet: Pratt v. Paris Gaslight and Coke Company, 168 U.S. 255, 42 L.Ed. 458, when it was held that jurisdiction of

Twyman v. Roell

Court: Supreme Court of Florida | Date Filed: 1936-02-20

Citation: 166 So. 215, 123 Fla. 2, 1936 Fla. LEXIS 925

Snippet: Baltimore O. Ry. Co., 169 U.S. 26, 18 Sup. Ct. 255, 42 L. Ed. 648; Pierce v. Tenn. Coal, Iron R.R. Co