The 2023 Florida Statutes (including Special Session C)

Title XXV
AVIATION

Chapter 330
REGULATION OF AIRCRAFT, PILOTS, AND AIRPORTS

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F.S. 330.40

330.40 Aircraft fuel tanks.—In the interests of the public welfare, it is unlawful for any person, firm, corporation, or association to install, maintain, or possess any aircraft which has been equipped with, or had installed in its wings or fuselage, fuel tanks, bladders, drums, or other containers which will hold fuel if such fuel tanks, bladders, drums, or other containers do not conform to federal aviation regulations or have not been approved by the Federal Aviation Administration by inspection or special permit. This provision also includes any pipes, hoses, or auxiliary pumps which when present in the aircraft could be used to introduce fuel into the primary fuel system of the aircraft from such tanks, bladders, drums, or containers. Any person who violates any provision of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 4, ch. 83-272; s. 15, ch. 85-81; s. 22, ch. 87-243; s. 1, ch. 93-258.

F.S. 330.40 on Google Scholar

F.S. 330.40 on Casetext

Amendments to 330.40

Arrestable Offenses / Crimes under Fla. Stat. 330.40

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

S330.40 - HEALTH-SAFETY - AIRCRAFT FUEL TANKS VIOLATION - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

CASILLAS, v. P. MURRAY,, 662 F. Supp. 2d 300 (W.D.N.Y. 2009)

. . . .”) §§ 330.30, 330.40, and 330.50, asking the trial court to set aside the jury’s verdict. . . .

BIEN, v. T. SMITH,, 546 F. Supp. 2d 26 (E.D.N.Y. 2008)

. . . . § 330.40(1), CPL Article 730, and People v. . . . C.P.L. § 330.40(1). . . .

TAUS, v. SENKOWSKI,, 134 F. App'x 468 (2d Cir. 2005)

. . . . § 330.40(2)(a). . . .

PRESSLEY, v. BENNETT,, 235 F. Supp. 2d 349 (S.D.N.Y. 2003)

. . . On June 3, 1997, Pressley moved to set aside the verdict pursuant to CPL §§ 330.30, 330.40, and 330.50 . . .

KIRBY, v. A. SENKOWSKI,, 141 F. Supp. 2d 383 (S.D.N.Y. 2001)

. . . . §§ 210.40, 330.30(1), 330.40, and 330.50 to set aside the verdict on the ground that the evidence adduced . . .

JONES, v. B. DUNCAN,, 162 F. Supp. 2d 204 (S.D.N.Y. 2001)

. . . See CPL § 330.40(2)(a) & (e)-(f) (governing CPL § 330.30(3) motions); CPL § 440.30(4)(b) (governing CPL . . .

A. JOHNSON, v. WALKER,, 74 F. Supp. 2d 287 (W.D.N.Y. 1999)

. . . Petitioner moved to set aside the verdict pursuant to New York Criminal Procedure Law §§ 330.30 and 330.40 . . .

TATTA, v. MITCHELL,, 962 F. Supp. 21 (E.D.N.Y. 1997)

. . . .”) §§ 330.30, 330.40 and 330.50, to set aside the jury verdict on a number of grounds that apparently . . .

C. BENTLEY, v. SCULLY,, 851 F. Supp. 586 (S.D.N.Y. 1994)

. . . On March 31, 1982, Bentley filed a motion to set aside the verdict- pursuant to CPL §§ 330.30, 330.40 . . .

In FORFEITURE OF PIPER NAVAJO, MODEL PA- S N- U. S. REGISTRATON N-, 592 So. 2d 233 (Fla. 1992)

. . . 1969 Piper Navajo, 570 So.2d 1357 (Fla. 4th DCA 1990), in which the district court declared section 330.40 . . . A petition for forfeiture of the aircraft was timely filed pursuant to sections 330.40 and 932.703(1) . . . Accordingly, the court found that section 330.40, “as it relates to the ‘Florida Contraband Forfeiture . . . Section 330.40, Florida Statutes (1989), provides in full: In the interests of the public welfare, it . . . had unapproved fuel tanks, was a felony of the third degree. § 330.40, Fla.Stat. (1983). . . .

In FORFEITURE OF PIPER NAVAJO, MODEL PA- S N- U. S. REGISTRATION N-, 570 So. 2d 1357 (Fla. Dist. Ct. App. 1990)

. . . County appeals an order of the trial court declaring the forfeiture provision contained in section 330.40 . . . In that Motion to Dismiss, .the parties challenged the constitutionality of FS 330.40. . . . [Emphasis added]. ****** By its amendment to section 330.40, the legislature has made a declaration that . . . This Court finds FS 330.40, as it relates to the “Florida Contraband Forfeiture Act” to be unreasonable . . . preempted this area of aviation regulation of planes with nonconforming fuel tanks so that section 330.40 . . .

RICHARD, v. ABRAMS, M., 732 F. Supp. 24 (S.D.N.Y. 1990)

. . . After the jury verdict, petitioner filed motions pursuant to New York Criminal Procedure Law §§ 330.30, 330.40 . . .

COOK, v. STATE, 528 So. 2d 1311 (Fla. Dist. Ct. App. 1988)

. . . fuel system installed in the nose section of his 1977 Piper Navajo airplane in violation of section 330.40 . . . Section 330.40 provides in pertinent part: [I]t is unlawful ... to install, maintain, or possess any . . . ; (4) the evidence was insufficient to support defendant’s conviction of a violation of section 330.40 . . . The conviction for the violation of section 330.40 is reversed. . . . This regulation, therefore, is not a regulation of the type referred to in section 330.40. . . .

WHITE, v. JONES,, 636 F. Supp. 772 (S.D.N.Y. 1986)

. . . presentence motion, attorneys for petitioner argued to the trial court that pursuant to CPL §§ 330.30, 330.40 . . .

SMITH, CORRECTIONAL SUPERINTENDENT v. PHILLIPS, 455 U.S. 209 (U.S. 1982)

. . . Law (McKinney 1971) (CPL), and a hearing on his motion was held pursuant to CPL §330.40. . . . CPL § 330.40 provides that motions to set aside the verdict under CPL § 330.30 must be decided by hearing . . . CPL § 330.40(g). . . .

LEE NATIONAL CORPORATION, v. KANSAS CITY SOUTHERN INDUSTRIES, INC. KANSAS CITY SOUTHERN INDUSTRIES, INC. v. LEE NATIONAL CORPORATION, 50 F.R.D. 412 (S.D.N.Y. 1970)

. . . .-55), for exemplifications and copies of papers ($330.40), deposition costs ($956.-80) and stenographic . . .

MAGID W. Ad v. DECKER, d b a B. a, 251 F. Supp. 955 (W.D. Wis. 1966)

. . . However, Wis.Stats. (1963), Sec. 330.40 provides as follows: “An attempt to commence an action shall . . . The precise issue here is whether this action is saved by the provisions of Section 330.40 of the Wisconsin . . . presumably the defendant Decker, by his answer, contend that the action is not saved because Section 330.40 . . . summons must be delivered in time “to the sheriff or other proper officer of the county”; that Section 330.40 . . . service was actually made by the marshal on July 30, 1965, well within the sixty days provided in Section 330.40 . . .

MONAGHAN v. HILL, 140 F.2d 31 (9th Cir. 1944)

. . . $7,500 already paid by order of the court, and also ordered that Nealon be reimbursed in the sum of $1,-330.40 . . .

v., 36 F. 671 (D. Me. 1888)

. . . that the allowances asked are proper, I have only to order judgment for the petitioner for the sum of $330.40 . . .