Florida Statute 332.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXV
AVIATION

Chapter 332
AIRPORTS AND OTHER AIR NAVIGATION FACILITIES

View Entire Chapter

F.S. 332.08

332.08 Additional powers.—

(1) In addition to the general powers in ss. 332.01-332.12 conferred and without limitation thereof, a municipality that has established or may hereafter establish airports, restricted landing areas, or other air navigation facilities, or that has acquired or set apart or may hereafter acquire or set apart real property for such purposes, is authorized:

(a) To vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation thereof in an officer, a board or body of such municipality by ordinance or resolution which shall prescribe the powers and duties of such officer, board or body. The expense of such construction, enlargement, improvement, maintenance, equipment, operation, and regulation shall be a responsibility of the municipality.

(b) To adopt and amend all needful rules, regulations, and ordinances for the management, government, and use of any properties under its control, whether within or without the territorial limits of the municipality; to appoint airport guards or police, with full police powers; to fix by ordinance or resolution, as may be appropriate, penalties for the violation of such rules, regulations, and ordinances, and enforce such penalties in the same manner in which penalties prescribed by other rules, regulations, and ordinances of the municipality are enforced.

(c) To lease for a term not exceeding 50 years such airports or other air navigation facilities, or real property acquired or set apart for airport purposes, to private parties, any municipal or state government or the national government, or any department of either thereof, for operation; to lease or assign for a term not exceeding 50 years to private parties, any municipal or state government or the national government, or any department of either thereof, for operation or use consistent with the purposes of ss. 332.01-332.12, space, area, improvements, or equipment on such airports; to sell any part of such airports, other air navigation facilities, or real property to any municipal or state government, or the United States or any department or instrumentality thereof, for aeronautical purposes or purposes incidental thereto, and to confer the privileges of concessions of supplying upon its airports goods, commodities, things, services, and facilities; provided, that in each case in so doing the public is not deprived of its rightful equal and uniform use thereof.

(d) To sell or lease any property, real or personal, acquired for airport purposes and belonging to the municipality, which, in the judgment of its governing body, may not be required for aeronautic purposes, in accordance with the laws of this state, or the provisions of the charter of the municipality, governing the sale or leasing of similar municipally owned property.

(e) To exercise all powers necessarily incidental to the exercise of the general and special powers herein granted, and is specifically authorized to assess and shall assess against and collect from the owner or operator of each and every airplane using such airports a sufficient fee or service charge to cover the cost of the service furnished airplanes using such airports, including the liquidation of bonds or other indebtedness for construction and improvements.

(2) If a county operates one or more airports, its regulations for the governance thereof shall be by resolution of the board of county commissioners, recorded in the minutes of the board, and promulgated by posting a copy at the courthouse and at every such airport for 4 consecutive weeks or by publication once a week in a newspaper published in the county for the same period. Such regulations shall be enforced in the same manner as the criminal laws. Violation thereof is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Notwithstanding any other provision of this section, a municipality participating in the Federal Aviation Administration’s Airport Privatization Pilot Program pursuant to 49 U.S.C. s. 47134 may lease or sell an airport or other air navigation facility or real property, together with improvements and equipment, acquired or set apart for airport purposes to a private party under such terms and conditions as negotiated by the municipality. If state funds were provided to the municipality pursuant to s. 332.007, the municipality must obtain approval of the agreement from the Department of Transportation, which ¹is authorized to approve the agreement if it determines that the state’s investment has been adequately considered and protected consistent with the applicable conditions specified in 49 U.S.C. s. 47134.

History.—s. 8, ch. 22846, 1945; s. 1, ch. 28164, 1953; s. 231, ch. 71-136; s. 20, ch. 2012-32; s. 21, ch. 2012-174; s. 20, ch. 2016-239.

¹Note.—As amended by s. 21, ch. 2012-174. The amendment by s. 20, ch. 2012-32, used the word “may” instead of the words “is authorized to.”

F.S. 332.08 on Google Scholar

F.S. 332.08 on Casetext

Amendments to 332.08

Arrestable Offenses / Crimes under Fla. Stat. 332.08

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

S332.08 - PUBLIC ORDER CRIMES - VIOL OF NOTIFICATIONS OF AIRPORT REGULATIONS - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 332.08

Total Results: 20

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-10-26

Snippet: in excess of 30 years, notwithstanding section 332.08(3), Florida Statutes? In sum: Section 125.35(1)(b)1

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-06-24

Snippet: the property. Question One Pursuant to section 332.08, Florida Statutes, a county1 may lease airport

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-09-02

Snippet: American Heritage Dictionary, office edition, 1987, p. 332. 8 See Inf. Op. to Laquidara dated July 17, 2003,

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-11-02

Snippet: any manner it may see fit." You refer to sections 332.08(3) and (4), Florida Statutes, relating to property

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-02-12

Snippet: powers to establish and operate airports.13 Section 332.08(2)(a), Florida Statutes, provides that a local

Dow v. McKinley

Court: District Court of Appeal of Florida | Date Filed: 2001-01-19

Citation: 776 So. 2d 1017, 2001 Fla. App. LEXIS 348, 2001 WL 43085

Snippet: court upon remand that Capps' time records reflect 332.8 hours of work, not 355 hours worth of work. The

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-06-08

Snippet: forth in the statute have been met.2 While section 332.08, Florida Statutes, makes provisions for the lease

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-11-17

Snippet: following question: Pursuant to sections 125.35 or 332.08, Florida Statutes, is the Board of County Commissioners

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-09-17

Snippet: ordinance pursuant to Ch. 332, F.S.18 Pursuant to s. 332.08(2)(a), F.S., a municipality which is defined to

Ago

Court: Florida Attorney General Reports | Date Filed: 1990-10-16

Snippet: ordinances, which may have been passed under s. 332.08[2][a], F.S., within the bounds of the city airport

Outdoor Media of Pensacola, Inc. v. Santa Rosa County

Court: District Court of Appeal of Florida | Date Filed: 1989-12-22

Citation: 554 So. 2d 613, 1989 WL 153633

Snippet: the fact that counties are authorized by section 332.08 to enter into long term leases does not give a

Southern Roadbuilders v. LEE CTY.

Court: District Court of Appeal of Florida | Date Filed: 1986-07-11

Citation: 495 So. 2d 189, 11 Fla. L. Weekly 1537, 1986 Fla. App. LEXIS 8856

Snippet: plainly empowered to contract by sections 125.01 and 332.08(5), Florida Statutes (1981). However, appellant

Ago

Court: Florida Attorney General Reports | Date Filed: 1982-05-11

Snippet: LOCATED IN CLAY COUNTY, HAVE THE AUTHORITY UNDER s 332.08, F.S., TO ADOPT RULES, REGULATIONS, AND ORDINANCES

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-09-05

Snippet: navigation facilities. Section 332.02. Section 332.08(4) provides for the sale or lease of any property

Interair Services, Inc. v. Insurance Co. of North America

Court: District Court of Appeal of Florida | Date Filed: 1979-06-27

Citation: 375 So. 2d 317, 1979 Fla. App. LEXIS 14959

Snippet: 125, Florida Statutes are read together with § 332.08(3), Fla.Stat. that the conclusion is that not only

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-03-03

Snippet: the Airport Law of 1945, Ch. 332, F. S. Section 332.08(3), F. S., authorizes municipalities to lease for

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-08-19

Snippet: appointed by the board of county commissioners under s. 332.08, F. S., meet the requirements of Federal Aviation

Randall Industries, Inc. v. Lee County

Court: District Court of Appeal of Florida | Date Filed: 1975-02-05

Citation: 307 So. 2d 499

Snippet: city, village or town of the state. Fla. Stat. § 332.08 (1973) says: "... [A] municipality which has established

City of Bartow v. Roden

Court: District Court of Appeal of Florida | Date Filed: 1973-12-05

Citation: 286 So. 2d 228

Snippet: of public necessity." (Emphasis added) Section 332.08, Florida Statutes, F.S.A. says: "In addition to

Marcoux v. Davis

Court: District Court of Appeal of Florida | Date Filed: 1970-01-13

Citation: 230 So. 2d 485, 7 U.C.C. Rep. Serv. (West) 507, 1970 Fla. App. LEXIS 7013

Snippet: owned. Hyer’s Exrs. v. Caro’s Ex’x, 1878, 17 Fla. 332; 8 Fla.Jur., Cotenancy, § 10. We find no basis in