Florida Statute 402.16 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS

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F.S. 402.16

402.16 Proceedings by department.—

(1) Whenever it becomes necessary for the welfare and convenience of any of the institutions now under the supervision and control of the Department of Children and Families, or which may hereafter be placed under the supervision and control of said department, to acquire private property for the use of any of said institutions, and the same cannot be acquired by agreement satisfactory to the said department and the parties interested in, or the owners of said private property, the department is hereby empowered and authorized to exercise the right of eminent domain, and to proceed to condemn the said property in the same manner as provided by law for the condemnation of property.

(2) Any suit or actions brought by the said department to condemn property as provided in this section shall be brought in the name of the Department of Children and Families, and it shall be the duty of the Department of Legal Affairs to conduct the proceedings for, and to act as counsel for the said Department of Children and Families.

History.—ss. 1, 2, ch. 7947, 1919; CGL 5104, 5105; ss. 1, 2, ch. 20873, 1941; s. 22, ch. 20930, 1941; s. 3, ch. 65-369; ss. 11, 19, 35, ch. 69-106; s. 133, ch. 99-8; s. 132, ch. 2014-19.

Note.—Former s. 73.22; s. 965.061.

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Amendments to 402.16

Annotations, Discussions, Cases:

Cases Citing Statute 402.16

Total Results: 10

Defenders of Wildlife v. United States Department of the Navy

733 F.3d 1106, 43 Envtl. L. Rep. (Envtl. Law Inst.) 20227, 2013 WL 5434774, 77 ERC (BNA) 1201, 2013 U.S. App. LEXIS 20029

Court of Appeals for the Eleventh Circuit | Filed: Oct 1, 2013 | Docket: 982169

Cited 36 times | Published

resulting in impacts. See 50 C.F.R. § 402.16(c) (providing for reinitiation of consultation

Defenders of Wildlife v. Bureau of Ocean Energy Management

684 F.3d 1242, 2012 WL 2362240

Court of Appeals for the Eleventh Circuit | Filed: Jun 22, 2012 | Docket: 876939

Cited 12 times | Published

that was previously unexamined. Id. § 402.16. BOEM consulted with NMFS and FWS in 2007

Loggerhead Turtle v. COUNTY COUNC., VOLUSIA COUNTY

120 F. Supp. 2d 1005, 2000 U.S. Dist. LEXIS 20085, 2000 WL 1584848

District Court, M.D. Florida | Filed: May 17, 2000 | Docket: 2449329

Cited 8 times | Published

habitat designated that may be affected. 50 C.F.R. § 402.16. B. Administrative Procedure Act. Judicial review

Miccosukee Tribe of Indians of Fl v. United States

420 F. Supp. 2d 1324, 62 ERC (BNA) 1783, 2006 U.S. Dist. LEXIS 10595, 2006 WL 650694

District Court, S.D. Florida | Filed: Mar 14, 2006 | Docket: 2383901

Cited 5 times | Published

an extent not previously considered." 50 C.F.R. § 402.16(b). The burden, of course, is on the Plaintiff

Miccosukee Tribe of Indians of Fla. v. United States

430 F. Supp. 2d 1328, 2006 U.S. Dist. LEXIS 29941, 2006 WL 1343221

District Court, S.D. Florida | Filed: May 12, 2006 | Docket: 2186036

Cited 4 times | Published

. ." if certain conditions are met. 50 C.F.R. § 402.16. The Federal Regulations further state that if

National Parks Conservation Ass'n v. United States Department of Interior

46 F. Supp. 3d 1254

District Court, M.D. Florida | Filed: Sep 19, 2014 | Docket: 64297270

Cited 2 times | Published

considered in the biological opinion. 50 C.F.R. § 402.16(c). Generally, a court must be “at its most deferential”

Defenders of Wildlife v. Salazar

877 F. Supp. 2d 1271, 2012 WL 2812309, 2012 U.S. Dist. LEXIS 94946

District Court, M.D. Florida | Filed: Jul 10, 2012 | Docket: 65983181

Cited 2 times | Published

considered in the biological opinion. 50 C.F.R. § 402.16(c). (2) FWS’s 2000 Biological Opinion As discussed

Natural Resources Defense Council v. National Park Service

250 F. Supp. 3d 1260, 47 Envtl. L. Rep. (Envtl. Law Inst.) 20065, 2017 WL 1438238, 2017 U.S. Dist. LEXIS 61428

District Court, M.D. Florida | Filed: Apr 24, 2017 | Docket: 64313922

Cited 1 times | Published

causes, effects that were not considered. 50 C.F.R. § 402.16(b)(c). Plaintiffs’ argument fails. Moving the

Miccosukee Tribe of Indians of Florida v. United States

528 F. Supp. 2d 1317, 2007 U.S. Dist. LEXIS 94005, 2007 WL 4527496

District Court, S.D. Florida | Filed: Dec 21, 2007 | Docket: 1357876

Cited 1 times | Published

Finally, the 2006 BO, in compliance with 50 C.F.R. § 402.16(a-d), also provides that reinitiation of consultation

Defenders of Wildlife v. Bureau of Ocean Energy Management

Court of Appeals for the Eleventh Circuit | Filed: Jun 22, 2012 | Docket: 2904474

Published

information arises that was previously unexamined. Id. § 402.16. BOEM consulted with NMFS and FWS in 2007