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Florida Statute 373.617 | Lawyer Caselaw & Research
F.S. 373.617 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 373.617

The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 373
WATER RESOURCES
View Entire Chapter
F.S. 373.617
373.617 Judicial review relating to permits and licenses.
(1) As used in this section, unless the context otherwise requires:
(a) “Agency” means any official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other unit or entity of state government.
(b) “Permit” means any permit or license required by this chapter.
(2) Any person substantially affected by a final action of any agency with respect to a permit may seek review within 90 days of the rendering of such decision and request monetary damages and other relief in the circuit court in the judicial circuit in which the affected property is located; however, circuit court review shall be confined solely to determining whether final agency action is an unreasonable exercise of the state’s police power constituting a taking without just compensation. Review of final agency action for the purpose of determining whether the action is in accordance with existing statutes or rules and based on competent substantial evidence shall proceed in accordance with chapter 120.
(3) If the court determines the decision reviewed is an unreasonable exercise of the state’s police power constituting a taking without just compensation, the court shall remand the matter to the agency which shall, within a reasonable time:
(a) Agree to issue the permit;
(b) Agree to pay appropriate monetary damages; however, in determining the amount of compensation to be paid, consideration shall be given by the court to any enhancement to the value of the land attributable to governmental action; or
(c) Agree to modify its decision to avoid an unreasonable exercise of police power.
(4) The agency shall submit a statement of its agreed-upon action to the court in the form of a proposed order. If the action is a reasonable exercise of police power, the court shall enter its final order approving the proposed order. If the agency fails to submit a proposed order within a reasonable time not to exceed 90 days which specifies an action that is a reasonable exercise of police power, the court may order the agency to perform any of the alternatives specified in subsection (3).
(5) The court shall award reasonable attorney’s fees and court costs to the agency or substantially affected person, whichever prevails.
(6) The provisions of this section are cumulative and shall not be deemed to abrogate any other remedies provided by law.
History.ss. 1, 2, 3, 4, 5, 6, ch. 78-85.

F.S. 373.617 on Google Scholar

F.S. 373.617 on Casetext

Amendments to 373.617


Arrestable Offenses / Crimes under Fla. Stat. 373.617
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.617.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, v. A. KOONTZ, Jr., 183 So. 3d 396 (Fla. Dist. Ct. App. 2014)

. . . Fifth Amendment in this case, the question remains whether Koontz has a damages remedy under section 373.617 . . . Stat. § 373.617(2010); see ante, at 2597. . . . The decision in Key Haven Associated Enterprises, Inc. preceded the enactment of section 373.617, Florida . . .

A. KOONTZ, Jr. v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT., 570 U.S. 595 (U.S. 2013)

. . . . § 373.617(2), which allows owners to recover "monetary damages" if a state agency's action is "an unreasonable . . . Stat. § 373.617, petitioner should have first sought judicial review of the denial of his permit in the . . . Ann. § 373.617. . . . Stat. § 373.617 (2010) ; see ante, at 2597. . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, v. A. KOONTZ,, 77 So. 3d 1220 (Fla. 2011)

. . . under chapter 120, Florida Statutes, before bringing this regulatory taking action pursuant to section 373.617 . . . See § 373.617(2), Fla. . . . See § 373.617(3), Fla. Stat. (2002). Here, St. Johns chose to issue the permits to Mr. . . . Koontz’s exac-tions claim because the statute under which the claim was asserted, section 373.617, Florida . . . Johns asserted that although an exactions claim is a form of taking and is cognizable under section 373.617 . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, v. A. KOONTZ, Jr., 5 So. 3d 8 (Fla. Dist. Ct. App. 2009)

. . . Koontz’s claim because section 373.617(2), Florida Statutes, the statute under which Mr. . . . See § 373.617(2), Fla. Stat. (1993). . Dolan, 512 U.S. at 389, 114 S.Cl. 2309. . Nollan v. Cal. . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, v. WOMACK,, 914 So. 2d 15 (Fla. Dist. Ct. App. 2005)

. . . finality to enable the trial court to issue a final judgment and to address the applicability of section 373.617 . . . rights, resulting in a temporary and permanent inverse condemnation of his land, and violated section 373.617 . . . Count V, a cause of action based upon Florida Statutes 373.617 shall be in favor of St. . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, v. A. KOONTZ, Jr., 908 So. 2d 518 (Fla. Dist. Ct. App. 2005)

. . . Pursuant to subsections 373.617(3) and (4), Florida Statutes (2003), Appellant had four choices after . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, v. A. KOONTZ, Jr., 861 So. 2d 1267 (Fla. Dist. Ct. App. 2003)

. . . Johns Water Management District for further action pursuant to subsection 373.617(3), Florida Statutes . . . power, the court may order the agency to perform any of the alternatives specified in subsection (3). § 373.617 . . .

JOINT VENTURES, INC. v. DEPARTMENT OF TRANSPORTATION,, 519 So. 2d 1069 (Fla. Dist. Ct. App. 1988)

. . . .-763, 373.617 and 403.90, Florida Statutes. . . .

BOWEN, Sr. Jr. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION,, 448 So. 2d 566 (Fla. Dist. Ct. App. 1984)

. . . Johns River Water Management District, 409 So.2d 208 (Fla. 5th DCA 1982) (discussing section 373.617 . . .

DADE COUNTY, v. NATIONAL BULK CARRIERS, INC., 450 So. 2d 213 (Fla. 1984)

. . . The district court remanded the cause for further proceedings pursuant to section 373.617, Florida Statutes . . . We also hold that the district court’s application of section 373.617 to the facts of this case was erroneous . . . Section 373.617(2) provides a method of judicial review of final action of any agency with respect to . . . See § 373.617(1)(a). . . . The district court has clearly attempted to add to section 373.617 in order to make it cover a situation . . .

NATIONAL BULK CARRIERS, INC. a v. DADE COUNTY, a, 419 So. 2d 697 (Fla. Dist. Ct. App. 1982)

. . . Sec. 373.617(3), Pla.Stat. . . . so determines, it shall remand the matter to the Board for further action in accordance with section 373.617 . . .

R. GRIFFIN, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 409 So. 2d 208 (Fla. Dist. Ct. App. 1982)

. . . and further, that he would seek review of the agency action in the circuit court, pursuant to section 373.617 . . . Section 373.617, Florida Statutes (1979) provides: (2) Any person substantially affected by a final action . . . However, none of these cases consider the later applicable statutes, section 253.763 or section 373.617 . . . Section 373.617(2) clearly sets up a bifurcated appeal procedure, both avenues of which must be pursued . . . unconstitutional taking” of property, it must file an action in the circuit court, pursuant to section 373.617 . . .