Cases from cite.case.law:

PALM BEACH COUNTY, v. TESSLER,, 538 So. 2d 846 (Fla. 1989)

. . . authority for recovery in the instant case because both of those decisions involved takings under section 338.04 . . . Inc., 397 So.2d 682 (Fla.1981), be read as limiting the rationale of Stubbs to takings under section 338.04 . . .

PALM BEACH COUNTY, v. TESSLER, 518 So. 2d 970 (Fla. Dist. Ct. App. 1988)

. . . Stubbs held that section 338.04, Florida Statutes (1971) mandates jury consideration of severance damages . . .

DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, v. NESS TRAILER PARK, INC., 489 So. 2d 1172 (Fla. Dist. Ct. App. 1986)

. . . The taking from Respondents involved a Section 338.04 limited access taking. . . . property and/or access rights to an existing road is taken for limited access road purposes, Section 338.04 . . . In Capital Plaza the supreme court read Stubbs to say that severance damages under section 338.04, Florida . . . The Stubbs holding depends in great part on section 338.04, Florida Statutes, which sets the rules for . . . taking of a substantial amount of one’s access is a sufficient basis for compensation under section 338.04 . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. CAPITAL PLAZA, INC., 397 So. 2d 682 (Fla. 1981)

. . . distinguishable from Stubbs because the road involved here is not a limited access facility governed by section 338.04 . . .

CAPITAL PLAZA, INC. v. DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, 381 So. 2d 1090 (Fla. Dist. Ct. App. 1979)

. . . and Anhoco the court emphasized that the takings were for “limited access facilities” under Section 338.04 . . . In the Stubbs’ opinion the court said: “In Florida, F.S., Section 338.04, F.S.A., provides for the taking . . . whether the taking is or is not incident to construction of a “limited access facility” under Section 338.04 . . . property and/or access rights to an existing road is taken for limited access road purposes, Section 338.04 . . .

STATE DEPARTMENT OF TRANSPORTATION v. ABS, INC., 336 So. 2d 1278 (Fla. Dist. Ct. App. 1976)

. . . Section 338.04, F.S.1971, first enacted in 1955, provides that the highway authorities of the state may . . .

J. SALFI v. DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION,, 312 So. 2d 781 (Fla. Dist. Ct. App. 1975)

. . . . § 338.04 (1973), which empowers the acquisition of property for limited access facilities. . . . Stat. § 338.04 (1973). 2.The proceeding must be dismissed because the Resolution of Necessity was adopted . . .

STATE DEPARTMENT OF TRANSPORTATION, v. E. STUBBS, 285 So. 2d 1 (Fla. 1973)

. . . In Florida, F.S., Section 338.04, F.S.A., provides for the taking of “private or public property and . . . The taking from Respondents involved a Section 338.04 limited access taking. . . . property and/or access rights to an existing road is taken for limited access road purposes, Section 338.04 . . .

CANAVERAL MARINE INC. a v. CANAVERAL PORT AUTHORITY, a, 244 So. 2d 764 (Fla. Dist. Ct. App. 1971)

. . . Therefore, 338.04 (2) is not applicable since S.R. #528 is a toll road constructed in accordance with . . .

STATE ROAD DEPARTMENT v. SOUTH PUERTO RICO SUGAR CO., 30 Fla. Supp. 17 (Indian River Cty. Cir. Ct. 1968)

. . . Petitioner points out that §338.04, Florida Statutes 1967, requires that all property rights acquired . . .

STATE ROAD DEPARTMENT v. H. B. LEWIS, St. a, 156 So. 2d 862 (Fla. Dist. Ct. App. 1963)

. . . the overpass is a limited access facility and as such the Road Department is required under Section 338.04 . . .

STATE W. ERVIN, v. JACKSONVILLE EXPRESSWAY AUTHORITY, a L. H. C., 139 So. 2d 135 (Fla. 1962)

. . . In construing Section 338.04, Florida Statutes, F.S.A., a part of the Limited Access Facilities Act, . . . The provisions of Section 338.04, supra, are identical with the provisions of Section 349.10, supra, . . .

ANHOCO CORPORATION, a a v. DADE COUNTY, a, 144 So. 2d 793 (Fla. 1962)

. . . Section 338.04, Florida Statutes, F.S.A., a part of the limited access facilities statute, requires a . . . access and squarely held that under Chapter 338, Florida Statutes, F.S.A., and particularly Section 338.04 . . . Sec. 338.04, Florida Statutes, F.S.A. . . .

STATE ROAD DEPARTMENT OF FLORIDA, v. SOUTHLAND, INC., 117 So. 2d 512 (Fla. Dist. Ct. App. 1960)

. . . Sec. 338.04, F.S.A. . F.S. Sec. 335.03, F.S.A. . State v. . . .

FLORIDA STATE TURNPIKE AUTHORITY, v. ANHOCO CORPORATION, a a ANHOCO CORPORATION, a a v. FLORIDA STATE TURNPIKE AUTHORITY,, 116 So. 2d 8 (Fla. 1959)

. . . In this respect the majority seems to conclude that Section 338.04, F.S.A. requires the authorities to . . . ‘Section 338.04 merely provides that the authorities may acquire private or public property or property . . . then given [petitioners] to prove damages to [the] right of access under the first paragraph of Sec. 338.04 . . . Sec. 338.04(1), supra. . . .