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Florida Statute 553.38 | Lawyer Caselaw & Research
F.S. 553.38 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 553.38

The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

Jo BONDI, v. S. TUCKER,, 93 So. 3d 1106 (Fla. Dist. Ct. App. 2012)

. . . . § 553.38(3), F.S.A., to be unconstitutional.”). . . .

MARION COUNTY, v. DEPARTMENT OF COMMUNITY AFFAIRS,, 817 So. 2d 1062 (Fla. Dist. Ct. App. 2002)

. . . The ordinance clashed head-on with a preexisting statute, section 553.38, Florida Statutes (1998), which . . . See §§ 553.36(12); 553.38, Fla. Stat. (2001). . . . Additionally, the reasonableness contained in section 553.38 relates to whether a requirement or rule . . . The Florida Legislature has made it clear in section 553.38 that it is the policy of the state that manufactured . . .

DEPARTMENT OF COMMUNITY AFFAIRS, v. MARION COUNTY,, 734 So. 2d 1147 (Fla. Dist. Ct. App. 1999)

. . . The department sued the county, alleging that the ordinance violated section 553.38, Florida Statutes . . . Instead, the department focuses on Ordinance 98-21 and argues that it violates section 553.38, and that . . . SHARP, and PETERSON, JJ., concur. . 553.38. . . .

CAMPBELL a v. MONROE COUNTY, a B., 426 So. 2d 1158 (Fla. Dist. Ct. App. 1983)

. . . The county contends that under Section 553.38(2), Florida Statutes (1979), it has authority, within its . . . However, we focus on that portion of Section 553.38(2), Florida Statutes (1979) which requires that local . . . The State Department of Community Affairs is exclusively authorized, by Section 553.38, Florida Statutes . . . essentially identical except that it requires that all houses be constructed of masonry to the roof line. . § 553.38 . . .

STATE L. SHEVIN, v. KERWIN,, 279 So. 2d 836 (Fla. 1973)

. . . . § 553.38(3), F.S.A., to be unconstitutional. . . .