Florida Statute 553.38 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 553
BUILDING CONSTRUCTION STANDARDS

View Entire Chapter

F.S. 553.38

553.38 Application and scope.—The department shall enforce every provision of the Florida Building Code adopted pursuant hereto, except that local land use and zoning requirements, fire zones, building setback requirements, side and rear yard requirements, site development requirements, property line requirements, subdivision control, and onsite installation requirements, as well as the review and regulation of architectural and aesthetic requirements, are specifically and entirely reserved to local authorities. Such local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enforced without any distinction as to whether a building is a conventionally constructed or manufactured building. A local government shall require permit fees only for those inspections actually performed by the local government for the installation of a factory-built structure. Such fees shall be equal to the amount charged for similar inspections on conventionally built housing.

History.—s. 4, ch. 71-172; s. 1, ch. 74-208; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 3, ch. 78-323; ss. 1, 6, ch. 79-152; ss. 2, 4, ch. 80-86; ss. 2, 3, ch. 81-318; ss. 3, 4, ch. 84-32; s. 4, ch. 91-429; s. 60, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372.

F.S. 553.38 on Google Scholar

F.S. 553.38 on Casetext

Amendments to 553.38

Arrestable Offenses / Crimes under Fla. Stat. 553.38

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 553.38.

Annotations, Discussions, Cases:

Cases Citing Statute 553.38

Total Results: 9

Lee County Electric Cooperative, Inc. v. City of Cape Coral

Court: District Court of Appeal of Florida | Date Filed: 2014-05-23

Citation: 159 So. 3d 126, 2014 Fla. App. LEXIS 8432, 2014 WL 2218972

Snippet: Trunk W. Ry. Co. v. City of S. Bend, 227 U.S. 544, 553, 38 S.Ct. 303, 57 L.Ed. 633 (1913) (noting that while

Bondi v. Tucker

Court: District Court of Appeal of Florida | Date Filed: 2012-07-24

Citation: 93 So. 3d 1106, 2012 WL 3000644, 2012 Fla. App. LEXIS 11875

Snippet: had declared the last sentence of Fla. Stat. § 553.38(3), F.S.A., to be unconstitutional.”). But in the

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-12-08

Snippet: 426 So. 2d 1158 (Fla. 3d DCA 1983). 6 Citing s. 553.38(2), Fla. Stat. (1979). 7 426 So. 2d at 1161. 8

Marion County v. FDCA

Court: District Court of Appeal of Florida | Date Filed: 2002-06-07

Citation: 817 So. 2d 1062, 2002 WL 1232577

Snippet: clashed head-on with a preexisting statute, section 553.38, Florida Statutes (1998), which provided: The department

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Court: Florida Attorney General Reports | Date Filed: 2001-01-12

Snippet: 426 So.2d 1158 (Fla. 3d DCA 1983). 7 Citing, s. 553.38(2), Fla. Stat. (1979). 8 426 So.2d at 1161. 9 Section

Department of Community Affairs v. Marion County

Court: District Court of Appeal of Florida | Date Filed: 1999-05-28

Citation: 734 So. 2d 1147, 1999 Fla. App. LEXIS 6857, 1999 WL 360148

Snippet: county, alleging that the ordinance violated section 553.38, Florida Statutes,1 and that it was authorized

Ago

Court: Florida Attorney General Reports | Date Filed: 1987-04-21

Snippet: systems thereof are reasonably safe. . . ." Section 553.38(1). An examination of Part IV of Ch. 553 reveals

Campbell v. Monroe County

Court: District Court of Appeal of Florida | Date Filed: 1983-02-08

Citation: 426 So. 2d 1158

Snippet: techniques. The county contends that under Section 553.38(2), Florida Statutes (1979),[3] it has *1160 authority

State Ex Rel. Shevin v. Kerwin

Court: Supreme Court of Florida | Date Filed: 1973-06-27

Citation: 279 So. 2d 836

Snippet: had declared the last sentence of Fla. Stat. § 553.38(3), F.S.A., to be unconstitutional. Appellee contends