Florida Statute 333.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXV
AVIATION

Chapter 333
AIRPORT ZONING

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333.02 Airport hazards and uses of land in airport vicinities contrary to public interest.—

(1) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. It is further found that certain activities and uses of land in the immediate vicinity of airports as enumerated in s. 333.03(2) are not compatible with normal airport operations, and may, if not regulated, also endanger the lives of the participants, adversely affect their health, or otherwise limit the accomplishment of normal activities. Accordingly, it is hereby declared:

(a) That the creation or establishment of an airport hazard and the incompatible use of land in airport vicinities are public nuisances and injure the community served by the airport in question;

(b) That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards and incompatible land uses be prevented; and

(c) That this should be accomplished, to the extent legally possible, by the exercise of the police power, without compensation.

(2) It is further declared that the limitation of land uses incompatible with normal airport operations, the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein, or air rights thereover.

History.—s. 2, ch. 23079, 1945; s. 2, ch. 88-356; s. 71, ch. 90-136.

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Amendments to 333.02

Annotations, Discussions, Cases:

Cases Citing Statute 333.02

Total Results: 5 | Sort by: Relevance | Newest First

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New Port Largo, Inc., a Florida Corp., Charles H. Netter & Stuart D. Marr, New Port Largo, Etc. v. Monroe Cnty., a Political Subdivision of the State of Florida, Kenneth Sorensen, Bd. Member of Cnty. Commissioners, Monroe Plan. & Zoning, Donald Schloesser, Commissioners Bd., Alison Fahrer, Commissioners Bd., Curt Blair, Commissioners Bd., & George Dolezal, Commissioners Bd., Wilhelmenia Harvey, New Port Largo, Inc., Charles H. Netter & Stuart D. Marr, New Port Largo, Etc. v. Monroe Cnty., a Political Subdivision of the State of Florida, Kenneth Sorensen, Etc., 985 F.2d 1488 (11th Cir. 1993).

Cited 49 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 4807

...only permitted use [of the property] as a private airport." Record, vol. 5, at 1, no. 158-22. Moreover, Florida law restricts the availability of variances and permits to uses which do not create "airport hazards." Fla.Stat. § 333.07(1)(a); see also id. § 333.01(3) (defining "Airport hazard"); id. § 333.02 ("Airport hazards contrary to public interest"); id....

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Waring v. Peterson, 137 So. 2d 268 (Fla. Dist. Ct. App. 1962).

Cited 5 times | Published | District Court of Appeal of Florida

...ip and loss must be endured to the end that the greater advantage to the community as a whole is made possible. See McQuillin, Municipal Corporations, 3rd Ed., Vol. 8, Section 25.44, p. 98; Yokley, Zoning Law and Practice, Vol. 1, Section 35, p. 58. Section 333.02 categorizes creation or establishment of an airport hazard as a public nuisance and an injury to the community served by the airport....

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Test v. Broward Cnty., 616 So. 2d 111 (Fla. 4th DCA 1993).

Cited 4 times | Published | Florida 4th District Court of Appeal | 1993 WL 80605

...residence. There was also considerable testimony that according to the studies conducted the noise level at this particular parcel reached unacceptable levels. In 1990 the legislature passed several amendments to the airport zoning laws. As amended, section 333.02, Florida Statutes (1990) provides: (1) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces...

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New Port Largo, Inc. v. Monroe Cnty., 985 F.2d 1488 (11th Cir. 1993).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1993 WL 52521

§ 333.01(3) (defining "Airport hazard”); id. § 333.02 ("Airport hazards contrary to public interest”);

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Behm v. Div. of Admin., State Dep't of Transp., 366 So. 2d 828 (Fla. Dist. Ct. App. 1979).

Published | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 13986

a condemnee. See, 30 C.J.S. Eminent Domain Section 333(2). Counsel have not provided us, nor has our

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