(1) Compensation for services or for the taking or use of property shall be owed only to the extent that a claimant may not be deemed to have volunteered her or his services or property without compensation and only to the extent that such taking exceeds the legal responsibility of a claimant to render such services or make such property so available.
(2) Compensation owed for personal services shall be only such as may be fixed by the division.
(3) Compensation for property shall be owed only if the property was commandeered or otherwise used in coping with an emergency and its use or destruction was ordered by the Governor or a member of the emergency forces of this state.
(4) Any person claiming compensation for the use, damage, loss, or destruction of property under ss. 252.31-252.60 shall file a claim therefor with the division in the form and manner that the division provides.
(5) Unless the amount of compensation owed on account of property damaged, lost, or destroyed is agreed between the claimant and the division, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this state.
(6) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a firebreak or damage resulting from the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood or applies to or authorizes compensation beyond the extent of funds available for such compensation.
History.—s. 1, ch. 74-285; s. 1, ch. 77-174; s. 26, ch. 83-334; s. 134, ch. 95-148.
Structure Florida Statutes
Title XVII - Military Affairs and Related Matters
Chapter 252 - Emergency Management
Part I - General Provisions (Ss. 252.31-252.64)
252.35 - Emergency management powers; Division of Emergency Management.
252.351 - Mandatory reporting of certain incidents by political subdivisions.
252.355 - Registry of persons with special needs; notice; registration program.
252.3568 - Emergency sheltering of persons with pets.
252.357 - Monitoring of nursing homes and assisted living facilities during disaster.
252.358 - Emergency-preparedness prescription medication refills.
252.359 - Ensuring availability of emergency supplies.
252.36 - Emergency management powers of the Governor.
252.3611 - Transparency; audits.
252.363 - Tolling and extension of permits and other authorizations.
252.365 - Emergency coordination officers; disaster-preparedness plans.
252.3655 - Natural hazards interagency workgroup.
252.371 - Emergency Management, Preparedness, and Assistance Trust Fund.
252.3711 - Emergency Preparedness and Response Fund.
252.372 - Imposition and collection of surcharge.
252.373 - Allocation of funds; rules.
252.38 - Emergency management powers of political subdivisions.
252.385 - Public shelter space; public records exemption.
252.40 - Mutual aid arrangements.
252.41 - Emergency management support forces.
252.42 - Government equipment, services, and facilities.
252.44 - Emergency mitigation.
252.45 - Lease or loan of state property; transfer of state personnel.
252.515 - Postdisaster Relief Assistance Act; immunity from civil liability.
252.52 - Liberality of construction.
252.55 - Civil Air Patrol, Florida Wing.
252.60 - Radiological emergency preparedness.
252.61 - List of persons for contact relating to release of toxic substances into atmosphere.
252.62 - Director of Office of Financial Regulation; powers in a state of emergency.
252.63 - Commissioner of Insurance Regulation; powers in a state of emergency.