Florida Statute 380.8 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 380
LAND AND WATER MANAGEMENT

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F.S. 380.08

380.08 Protection of landowners’ rights.—

(1) Nothing in this chapter authorizes any governmental agency to adopt a rule or regulation or issue any order that is unduly restrictive or constitutes a taking of property without the payment of full compensation, in violation of the constitutions of this state or of the United States.

(2) If any governmental agency authorized to adopt a rule or regulation or issue any order under this chapter determines that, to achieve the purposes of this chapter, it is in the public interest to acquire the fee simple or lesser interest in any parcel of land, such agency shall so certify to the state land planning agency, the Board of Trustees of the Internal Improvement Trust Fund, and other appropriate governmental agencies. Prior to such agency’s acquiring such land, the seller of the land shall file a statement with the department disclosing, for at least the last 5 years prior to the conveyance of title to the state, all financial transactions concerning the land and all parties having a financial interest in any transaction.

(3) If any governmental agency denies a development permit under this chapter, it shall specify its reasons in writing and indicate any changes in the development proposal that would make it eligible to receive the permit.

History.—s. 8, ch. 72-317; s. 2, ch. 75-81; s. 16, ch. 84-330; s. 4, ch. 89-276; s. 15, ch. 92-288; s. 66, ch. 95-143.

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Amendments to 380.08

Annotations, Discussions, Cases:

Cases Citing Statute 380.08

Total Results: 12

Graham v. Estuary Properties, Inc.

399 So. 2d 1374, 16 ERC 1766, 11 Envtl. L. Rep. (Envtl. Law Inst.) 20992, 16 ERC (BNA) 1766, 1981 Fla. LEXIS 2652

Supreme Court of Florida | Filed: Apr 16, 1981 | Docket: 309918

Cited 65 times | Published

Estuary to receive the permit, as required by section 380.08(3), Florida Statutes (1973). The recommended

Cross Key Waterways v. Askew

351 So. 2d 1062, 8 Envtl. L. Rep. (Envtl. Law Inst.) 20

District Court of Appeal of Florida | Filed: Aug 10, 1977 | Docket: 1671578

Cited 19 times | Published

without the payment of full compensation." Section 380.08(1). Thus invoking well-established standards

Estuary Properties, Inc. v. Askew

381 So. 2d 1126

District Court of Appeal of Florida | Filed: Dec 17, 1979 | Docket: 1723025

Cited 10 times | Published

thereby reaching an unduly restrictive result. F.S. 380.08, provides in part that: "(1) Nothing in this

Joint Ventures, Inc. v. Dept. of Transp.

519 So. 2d 1069, 13 Fla. L. Weekly 289, 1988 Fla. App. LEXIS 402, 1988 WL 6398

District Court of Appeal of Florida | Filed: Jan 29, 1988 | Docket: 1698848

Cited 8 times | Published

applies to a governmental program." Additionally, Section 380.08(1), Florida Statutes, explicitly provides that

Fox v. Treasure Coast Regional Planning Council

442 So. 2d 221

District Court of Appeal of Florida | Filed: Mar 22, 1983 | Docket: 1515917

Cited 6 times | Published

conditions and restrictions to its decision. Section 380.08(3), Florida Statutes requires that a governmental

Monroe County v. Ambrose

866 So. 2d 707, 2003 WL 22900537

District Court of Appeal of Florida | Filed: Dec 10, 2003 | Docket: 1273783

Cited 4 times | Published

the Landowners are entitled to compensation. Section 380.08, Florida Statutes (1997), provides that the

Albrecht v. State

407 So. 2d 210

District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 626703

Cited 4 times | Published

specification by the agency of the matters required by section 380.08(3), Florida Statutes (1972). The action of

Battaglia Prop. v. Land & Water Adj. Com'n

629 So. 2d 161, 1993 WL 382986

District Court of Appeal of Florida | Filed: Oct 1, 1993 | Docket: 1677252

Cited 3 times | Published

constitutions of this state or of the United States. § 380.08(1), Fla. Stat. (1991). In Snyder v. Board of County

Ganson Jr. v. City of Marathon

222 So. 3d 17, 2016 Fla. App. LEXIS 13802

District Court of Appeal of Florida | Filed: Sep 14, 2016 | Docket: 4421719

Cited 1 times | Published

Landowners are entitled to compensation”); see also § 380.08, Fla. Stat. (“Nothing in this chapter authorizes

Sarasota County v. Taylor Woodrow Homes

652 So. 2d 1247, 1995 WL 150347

District Court of Appeal of Florida | Filed: Apr 7, 1995 | Docket: 1517984

Cited 1 times | Published

complication for the next eighteen years. Although section 380.08, Florida Statutes (1973), would have allowed

Coscan Florida, Inc. v. Metropolitan Dade County

586 So. 2d 80, 1991 Fla. App. LEXIS 9077, 1991 WL 183014

District Court of Appeal of Florida | Filed: Sep 16, 1991 | Docket: 64661700

Published

Estuary Properties, 399 So.2d 1374 (Fla.1981). Section 380.08(3), Florida Statutes (1987),1 provides that

Callan v. Board of County Commissioners

438 So. 2d 432, 1983 Fla. App. LEXIS 21639

District Court of Appeal of Florida | Filed: Sep 13, 1983 | Docket: 64599819

Published

the FLWAC with instructions to comply with Section 380.-08(3), Florida Statutes. Graham v. Estuary Properties