Florida Statutes
Fla. Stat. § 380.08 (2025)
Protection of landowners’ rights.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 13
cases, 1977–2016 · leading case: Graham v. Estuary Props., Inc., 399 So. 2d 1374 (Fla. 1981).
Graham v. Estuary Props., Inc., 399 So. 2d 1374 (Fla. 1981). “We disagree with the district court's conclusion that the facts as found by the agency [10] constituted a taking and therefore violated the constitution or section 380.08, Florida Statutes. There is no settled formula for determining when the valid exercise of police power stops…”
Fox v. Treasure Coast Reg'l Plan. Council, 442 So. 2d 221 (Fla. 1st DCA 1983). “Under Section 380.08(1), Florida Statutes, the governmental agency may not issue an order that is unduly restrictive or that constitutes a taking of property without the payment of full compensation.”
Estuary Props., Inc. v. Askew, 381 So. 2d 1126 (Fla. 1st DCA 1979). “F.S. 380.08, provides in part that: "(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…”
Albrecht v. State, 407 So. 2d 210 (Fla. 2d DCA 1981). “It seems to me that much of the confusion surrounding this problem has resulted from unwarranted assumptions about the meaning and purpose of language such as that found in subsection (1) of section 380.08, Florida Statutes (1972). [4] There is, of *215 course, no indication…”
Ganson Jr. v. City of Marathon, 222 So. 3d 17 (Fla. 3d DCA 2016). “21 compensation”); see also § 380.08, Fla. Stat. (“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…”
Monroe Cnty. v. Ambrose, 866 So. 2d 707 (Fla. 3d DCA 2003). “Section 380.08, Florida Statutes (1997), provides that the government cannot adopt a rule or regulation that constitutes a taking without providing full compensation.”
Jt. Ventures, Inc. v. Dept. of Transp., 519 So. 2d 1069 (Fla. 1st DCA 1988). “" Additionally, Section 380.08(1), Florida Statutes, explicitly provides that no government agency may adopt a rule or regulation "that is unduly restrictive or constitutes a taking of property without the payment of full compensation, in violation of the constitutions of this…”
Cross Key Waterways v. Askew, 351 So. 2d 1062 (Fla. 1st DCA 1977). “" Section 380.08(1). Thus invoking well-established standards which limit governmental regulation of the use of private property, the Act does not unconstitutionally take private property without compensation, deprive persons of property without due process of law, or abridge…”
Battaglia Prop. v. Land & Water Adj. Com'n, 629 So. 2d 161 (Fla. 5th DCA 1993). “§ 380.08(1), Fla. Stat. (1991). In Snyder v.”
Sarasota Cnty. v. Taylor Woodrow Homes, 652 So. 2d 1247 (Fla. 2d DCA 1995). “Although section 380.08, Florida Statutes (1973), would have allowed Taylor Woodrow Homes to challenge any regulation or order that it regarded as unduly restrictive, there is no indication that Taylor Woodrow Homes ever attempted to disavow its obligations concerning the waste…”
Coscan Florida, Inc. v. Metro. Dade Cnty., 586 So. 2d 80 (Fla. 3d DCA 1991). “Section 380.08(3), Florida Statutes (1987), 1 provides that after specifying the reasons for denying a proposed development, the agency shall indicate any changes in the development proposal that would make it eligible to receive the permit.”
Fairfield Communities, Inc. v. Florida Land & Water Adjudicatory Comm'n, 29 Fla. Supp. 2d 156 (Fla. Div. Admin. Hr'g 1987). “Otherwise, Fairfield contends, the intervenors are effectively exercising a right to initiate these proceedings, a right restricted by statute to “the owner, the developer, an appropriate regional planning council .”
— 380.08(1) — 6 cases
Estuary Props., Inc. v. Askew, 381 So. 2d 1126 (Fla. 1st DCA 1979). “F.S. 380.08, provides in part that: "(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…”
Fox v. Treasure Coast Reg'l Plan. Council, 442 So. 2d 221 (Fla. 1st DCA 1983). “Under Section 380.08(1), Florida Statutes, the governmental agency may not issue an order that is unduly restrictive or that constitutes a taking of property without the payment of full compensation.”
Albrecht v. State, 407 So. 2d 210 (Fla. 2d DCA 1981). “It seems to me that much of the confusion surrounding this problem has resulted from unwarranted assumptions about the meaning and purpose of language such as that found in subsection (1) of section 380.08, Florida Statutes (1972). [4] There is, of *215 course, no indication…”
Jt. Ventures, Inc. v. Dept. of Transp., 519 So. 2d 1069 (Fla. 1st DCA 1988). “" Additionally, Section 380.08(1), Florida Statutes, explicitly provides that no government agency may adopt a rule or regulation "that is unduly restrictive or constitutes a taking of property without the payment of full compensation, in violation of the constitutions of this…”
Cross Key Waterways v. Askew, 351 So. 2d 1062 (Fla. 1st DCA 1977). “" Section 380.08(1). Thus invoking well-established standards which limit governmental regulation of the use of private property, the Act does not unconstitutionally take private property without compensation, deprive persons of property without due process of law, or abridge…”
— 380.08(2) — 1 case
Fairfield Communities, Inc. v. Florida Land & Water Adjudicatory Comm'n, 29 Fla. Supp. 2d 156 (Fla. Div. Admin. Hr'g 1987). “Otherwise, Fairfield contends, the intervenors are effectively exercising a right to initiate these proceedings, a right restricted by statute to “the owner, the developer, an appropriate regional planning council .”
— 380.08(3) — 6 cases
Graham v. Estuary Props., Inc., 399 So. 2d 1374 (Fla. 1981). “We disagree with the district court's conclusion that the facts as found by the agency [10] constituted a taking and therefore violated the constitution or section 380.08, Florida Statutes. There is no settled formula for determining when the valid exercise of police power stops…”
Fox v. Treasure Coast Reg'l Plan. Council, 442 So. 2d 221 (Fla. 1st DCA 1983). “Under Section 380.08(1), Florida Statutes, the governmental agency may not issue an order that is unduly restrictive or that constitutes a taking of property without the payment of full compensation.”
Albrecht v. State, 407 So. 2d 210 (Fla. 2d DCA 1981). “It seems to me that much of the confusion surrounding this problem has resulted from unwarranted assumptions about the meaning and purpose of language such as that found in subsection (1) of section 380.08, Florida Statutes (1972). [4] There is, of *215 course, no indication…”
Estuary Props., Inc. v. Askew, 381 So. 2d 1126 (Fla. 1st DCA 1979). “F.S. 380.08, provides in part that: "(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…”
Coscan Florida, Inc. v. Metro. Dade Cnty., 586 So. 2d 80 (Fla. 3d DCA 1991). “Section 380.08(3), Florida Statutes (1987), 1 provides that after specifying the reasons for denying a proposed development, the agency shall indicate any changes in the development proposal that would make it eligible to receive the permit.”
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