The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 380
LAND AND WATER MANAGEMENT

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F.S. 380.085

380.085 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 part.

(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

(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. 380.085 on Google Scholar

F.S. 380.085 on Casetext

Amendments to 380.085

Arrestable Offenses / Crimes under Fla. Stat. 380.085

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 380.085.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MONROE COUNTY, a a v. AMBROSE,, 866 So. 2d 707 (Fla. Dist. Ct. App. 2003)

. . . Section 380.085, Florida Statutes (1997), enables a person substantially affected by the denial of a . . .

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

. . . protect a property owner from a noncompensated taking caused by denial of a development permit, Section 380.085 . . .

LONDONO, A. M. v. CITY OF ALACHUA,, 438 So. 2d 91 (Fla. Dist. Ct. App. 1983)

. . . Sec. 380.085, Fla.Stat. (1981). . . .

CALOOSA PROPERTY OWNERS ASSOCIATION, INC. v. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS,, 429 So. 2d 1260 (Fla. Dist. Ct. App. 1983)

. . . . § 380.085(2), Fla.Stat. (1981). . § 403.412(5), Fla.Stat. (1981). . See generally Renard v. . . .

FOX, v. TREASURE COAST REGIONAL PLANNING COUNCIL, v. FLORIDA LAND AND WATER ADJUDICATORY COMMISSION,, 442 So. 2d 221 (Fla. Dist. Ct. App. 1983)

. . . by the Commission, (3) seek review in circuit court of the Commission’s order, pursuant to Section 380.085 . . .

MANATEE COUNTY, a v. ESTECH GENERAL CHEMICALS CORPORATION,, 402 So. 2d 75 (Fla. Dist. Ct. App. 1981)

. . . compensation and sought damages, both apparently pursuant to the judicial review provisions of section 380.085 . . . Section 380.085(2), Florida Statutes (1979). . . . below is merely for inverse condemnation and damages, with the additional remedies provided by section 380.085 . . .