Florida Statute 332.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXV
AVIATION

Chapter 332
AIRPORTS AND OTHER AIR NAVIGATION FACILITIES

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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

Darden Rests., Inc. v. Singh

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-01T00:00:00-08:00

Citation: 266 So. 3d 228

Snippet: valued Darden's TPP for 2013 at $29,033,332, or $8,530,160 more than Darden's estimate. In

Darden Rests., Inc. v. Singh

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-01T00:00:00-08:00

Citation: 266 So. 3d 228

Snippet: valued Darden's TPP for 2013 at $29,033,332, or $8,530,160 more than Darden's estimate. In

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Court: Fla. Att'y Gen. | Date Filed: 2011-10-26T00:53:00-07:00

Snippet: in excess of 30 years, notwithstanding section 332.08(3), Florida Statutes? In sum: Section 125.35(1)…the best interest of the county.3 While section 332.08, Florida Statutes, 4 makes provisions for the lease…party for a term of more than 30 years). 4 Section 332.08(3), Fla. Stat. 5 Section 332.01(1), Fla. Stat.,…Ch. 22846, Gen. Laws of Fla. (1945), creating s. 332.08, Fla. Stat., and s. 1, Ch. 23829, Gen. Laws of …authority; compare to the latest amendment to section 332.08, Fla. Stat., occurred in s. 231, Ch. 71-136, Laws

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Court: Fla. Att'y Gen. | Date Filed: 2011-06-24T00:53:00-07:00

Snippet: property are located in section 332.08, Florida Statutes.8 Section 332.08, Florida Statutes, speaks specifically…in section 332.08, Fla. Stat., would apply to an airport owned by a county. 2 See s. 332.08(3), Fla. Stat… the property. Question One Pursuant to section 332.08, Florida Statutes, a county1 may lease airport …United States for aeronautical purposes.3 Section 332.08(4), Florida Statutes, however, speaks specifically… it would appear that the provisions in section 332.08, Florida Statute, limit a county's authority

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Court: Fla. Att'y Gen. | Date Filed: 2010-09-02T00:53:00-07:00

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

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Court: Fla. Att'y Gen. | Date Filed: 2007-11-02T00:53:00-07:00

Snippet: manner it may see fit." You refer to sections 332.08(3) and (4), Florida Statutes, relating to property…property acquired for airport purposes. Section 332.08, Florida Statutes, provides: "In addition to …non-aeronautic purposes. Thus, the provisions of section 332.08(4), Florida Statutes, would appear to govern these…The opinion considered the provisions of sections 332.08(3) and125.35(1)(a), Florida Statutes, and concluded…subsection (3) rather than subsection (4) of section 332.08, Florida Statutes, was considered. In the instant

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Court: Fla. Att'y Gen. | Date Filed: 2003-02-11T23:53:00-08:00

Snippet: powers to establish and operate airports.13 Section 332.08(2)(a), Florida Statutes, provides that a local …opinion does not consider the implications of section 332.08(2)(a), Florida Statutes. Florida Attorney

Dow v. McKinley

Court: Fla. Dist. Ct. App. | Date Filed: 2001-01-19T00:00:00-08:00

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

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

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Court: Fla. Att'y Gen. | Date Filed: 1999-06-08T00:53:00-07:00

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

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Court: Fla. Att'y Gen. | Date Filed: 1994-11-16T23:53:00-08:00

Snippet: following question: Pursuant to sections 125.35 or 332.08, Florida Statutes, is the Board of County Commissioners…term that it determines is appropriate. Section 332.08(3), Florida Statutes, also makes provision for … leases of airport facilities. However, section 332.08(3), Florida Statutes, clearly limits the terms … lease to thirty years. The language of section 332.08, Florida Statutes, came into the statutes in 1945…operation or facilities leases. In contrast, section 332.08(3), Florida Statutes, more generally authorizes

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Court: Fla. Att'y Gen. | Date Filed: 1991-09-17T00:53:00-07:00

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

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Court: Fla. Att'y Gen. | Date Filed: 1990-10-16T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1989-12-21T23:53:00-08:00

Citation: 554 So. 2d 613

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: Fla. Dist. Ct. App. | Date Filed: 1986-07-11T00:00:00-07:00

Citation: 495 So. 2d 189

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

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Court: Fla. Att'y Gen. | Date Filed: 1982-05-11T00:53:00-07:00

Snippet: LOCATED IN CLAY COUNTY, HAVE THE AUTHORITY UNDER s 332.08, F.S., TO ADOPT RULES, REGULATIONS, AND ORDINANCES…ENFORCE ORDINANCES WHICH MAY HAVE BEEN PASSED UNDER s 332.08(2)(a)? Your inquiry notes that the City of Keystone…the federal and state governments. (e.s.) Also, s 332.08(2)(a) expressly provides that a municipality which…or without this state.' (e.s.) Similarly, s 332.08(2)(a) simply provides that a municipality has power…located in Clay County, has the authority under s 332.08(2)(a) to adopt rules, regulations, and ordinances

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Court: Fla. Att'y Gen. | Date Filed: 1979-09-05T00:53:00-07:00

Snippet: navigation facilities. Section 332.02. Section 332.08(4) provides for the sale or lease of any property…not be required for aeronautic purposes; and s. 332.08(5) authorizes municipalities to exercise all powers

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

Court: Fla. Dist. Ct. App. | Date Filed: 1979-06-27T00:00:00-07:00

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…the contract at issue in this litigation. Section 332.08(3), Fla.Stat. is a portion of the Airport Law of

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Court: Fla. Att'y Gen. | Date Filed: 1978-03-02T23:53:00-08:00

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

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Court: Fla. Att'y Gen. | Date Filed: 1976-08-19T00:53:00-07:00

Snippet: appointed by the board of county commissioners under s. 332.08, F. S., meet the requirements of Federal Aviation… Are airport security guards appointed under s. 332.08, F. S., required to meet and comply with the minimum…appointed by a board of county commissioners under s. 332.08(2), F. S., are peace officers statutorily vested…support and for airport security programs. Section 332.08(2)(a), F. S., provides that a municipality, as …police with "full police powers." Section 332.08(2)(b), F. S., provides, inter alia, that where

Randall Industries, Inc. v. Lee County

Court: Fla. Dist. Ct. App. | Date Filed: 1975-02-04T23:53:00-08:00

Citation: 307 So. 2d 499

Snippet: city, village or town of the state. Fla. Stat. § 332.08 (1973) says: "... [A] municipality which has…which operate an airport are authorized under § 332.08 to enter into long term leases for purposes consistent