Florida Statute 333.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXV
AVIATION

Chapter 333
AIRPORT ZONING

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F.S. 333.09

333.09 Administration of airport protection zoning regulations.—

(1) ADMINISTRATION.—All airport protection zoning regulations adopted under this chapter shall provide for the administration and enforcement of such regulations by the political subdivision or its administrative agency. The duties of any administrative agency designated pursuant to this chapter must include that of hearing and deciding all permits under s. 333.07, as they pertain to such agency, and all other matters under this chapter applying to said agency.

(2) LOCAL GOVERNMENT PROCESS.—

(a) A political subdivision required to adopt airport zoning regulations under this chapter shall provide a process to:

1. Issue or deny permits consistent with s. 333.07.

2. Provide the department with a copy of a complete application consistent with s. 333.025(4).

3. Enforce the issuance or denial of a permit or other determination made by the administrative agency with respect to airport zoning regulations.

(b) If a zoning board or permitting body already exists within a political subdivision, the zoning board or permitting body may implement the airport zoning regulation permitting and appeals processes.

(3) APPEALS.—

(a) A person, a political subdivision or its administrative agency, or a joint airport zoning board that contends a decision made by a political subdivision or its administrative agency is an improper application of airport zoning regulations may use the process established for an appeal.

(b) All appeals taken under this section must be taken within a reasonable time, as provided by the political subdivision or its administrative agency, by filing with the entity from which the appeal is taken a notice of appeal specifying the grounds for appeal.

(c) An appeal shall stay all proceedings in the underlying action appealed from, unless the entity from which the appeal is taken certifies pursuant to the rules for appeal that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases, proceedings may not be stayed except by order of the political subdivision or its administrative agency on notice to the entity from which the appeal is taken and for good cause shown.

(d) The political subdivision or its administrative agency shall set a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney.

(e) The political subdivision or its administrative agency may, in conformity with this chapter, affirm, reverse, or modify the decision on the permit or other determination from which the appeal is taken.

History.—s. 9, ch. 23079, 1945; s. 8, ch. 2016-209; s. 30, ch. 2016-239.

F.S. 333.09 on Google Scholar

F.S. 333.09 on Casetext

Amendments to 333.09

Arrestable Offenses / Crimes under Fla. Stat. 333.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 333.09.

Annotations, Discussions, Cases:

Cases Citing Statute 333.09

Total Results: 6

Williams v. State

Court: Supreme Court of Florida | Date Filed: 1976-11-30

Citation: 340 So. 2d 113

Snippet: Circuit Court of Desoto County (State), 151 Fla. 333, 9 So.2d 630 (Fla. 1942), explaining the relationship

State v. Jackson

Court: District Court of Appeal of Florida | Date Filed: 1974-09-17

Citation: 300 So. 2d 37, 1974 Fla. App. LEXIS 8643

Snippet: Circuit Court of DeSoto County et al., 151 Fla. 333, 9 So.2d 630 (1942). Accordingly, the order of dismissal

Spurlock v. State

Court: District Court of Appeal of Florida | Date Filed: 1973-08-15

Citation: 281 So. 2d 586

Snippet: grounds in Tidwell v. State, Fla. 1942, 151 Fla. 333, 9 So.2d 630. As defendant concedes he failed to object

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 1970-02-12

Citation: 232 So. 2d 55

Snippet: See also Tidwell v. Circuit Court, 1942, 151 Fla. 333, 9 So.2d 630; Cox v. State, Fla. App. 1966, 190 So

Flowers v. State

Court: District Court of Appeal of Florida | Date Filed: 1969-05-16

Citation: 222 So. 2d 786, 1969 Fla. App. LEXIS 5864

Snippet: Circuit Court of DeSoto County, 1942, 151 Fla. 333, 9 So.2d 630. Receiving stolen property is a felony

Hunter v. United States Fidelity & Guaranty Co.

Court: Supreme Court of Florida | Date Filed: 1956-03-28

Citation: 86 So. 2d 421

Snippet: 293; Plumley v. Superior Fire Ins. Co., 122 W. Va. 333, 9 S.E.2d 229; Roberts v. London & Lancashire Ins