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Florida Statute 403.90 | Lawyer Caselaw & Research
F.S. 403.90 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 403.90

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
F.S. 403.90
403.90 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. 403.90 on Google Scholar

F.S. 403.90 on Casetext

Amendments to 403.90


Arrestable Offenses / Crimes under Fla. Stat. 403.90
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.90.



Annotations, Discussions, Cases:

Cases from cite.case.law:

T. ANGELO d b a v. PARKER,, 275 So. 3d 752 (Fla. App. Ct. 2019)

. . . Eleven days after the sale, the Dealership paid $ 403.90 to the Department of Highway Safety and Motor . . .

HILLCREST PROPERTY, LLP, v. PASCO COUNTY,, 731 F. Supp. 2d 1288 (M.D. Fla. 2010)

. . . Sections 253.763(2) and 403.90(2), Florida Statutes, provide “for proceeding directly to the circuit . . . Sections 253.763(2) and 403.90(2), Florida Statutes, provide that after “a final action of any agency . . .

JAMES, v. WASH DEPOT HOLDINGS, INC., 242 F.R.D. 645 (S.D. Fla. 2007)

. . . 381.50 $ 381.50 Rodney James $ 5,024.20 $ 5,024.20 Jayne Hopkins $ 1,001.45 $ 1,001.45 Andrew Cano_ $ 403.90 . . . $ 403.90 TOTAL $12,638.75 $12,638.75 . . .

SINGER ISLAND CIVIC ASSOCIATION, INC. I, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 636 So. 2d 723 (Fla. Dist. Ct. App. 1994)

. . . request; it filed a declaratory judgment action in the circuit court pursuant to sections 253.763, 403.90 . . .

v., 13 Ct. Int'l Trade 1098 (Ct. Int'l Trade 1989)

. . . 430.00/425.5290 493.6840 430.00/428.4690 and 429.9590 Various rates Item 711.88, 430.2040/ 425/5290, 403.90 . . .

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

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

DOW CHEMICAL CO. v. UNITED STATES,, 647 F. Supp. 1574 (Ct. Int'l Trade 1986)

. . . The merchandise was entered in May, 1980 and classified under item 403.90, Tariff Schedules of the United . . . part of products provided for in Schedule 4, Part 1, Subpart B, covering TSUS items 403.02 through 403.90 . . . The Court holds that the merchandise is properly classified under item 403.90, TSUS. I. . . . The Court holds that item 403.90 includes products produced by synthesis. . . . As such, it is classifiable in item 403.90, TSUS, and headnote 1 to Part 1 and headnote 1 to Part 10 . . .

Co. v., 10 Ct. Int'l Trade 550 (Ct. Int'l Trade 1986)

. . . The merchandise was entered in May, 1980 and classified under item 403.90, Tariff Schedules of the United . . . part of products provided for in Schedule 4, Part 1, Subpart B, covering TSUS items 403.02 through 403.90 . . . The Court holds that the merchandise is properly classified under item 403.90, TSUS. I. . . . The Court holds that item 403.90 includes products produced by synthesis. . . . As such, it is classifiable in item 403.90, TSUS, and headnote 1 to Part 1 and headnote 1 to Part 10 . . .

UPJOHN COMPANY, v. UNITED STATES,, 623 F. Supp. 1281 (Ct. Int'l Trade 1985)

. . . . § 1581(a) challenging defendant’s classification of a single entry of chemicals under item 403.90 of . . . finds that the merchandise is a product of the Netherlands, and was properly classified under item 403.90 . . . government’s classification is incorrect, and the Court affirms the classification of the entry under item 403.90 . . .

Co. v., 9 Ct. Int'l Trade 600 (Ct. Int'l Trade 1985)

. . . . § 1581(a) challenging defendant’s classification of a single entry of chemicals under item 403.90 of . . . finds that the merchandise is a product of the Netherlands, and was properly classified under item 403.90 . . . government’s classification is incorrect, and the Court affirms the classification of the entry under item 403.90 . . .

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

. . . .-763 and 403.90, Florida Statutes (1981). . . . Sections .253.763(2) and 403.90(2) provide: Any person substantially affected by a final action of any . . . Fla. 5th DCA 1982) (discussing section 373.617 (1979), which is identical to sections 253.-763(2) and 403.90 . . .

L. SHUFF V. v. UNITED STATES, 331 F. Supp. 807 (W.D. Va. 1971)

. . . the hospital, the District Director on June 20, 1969 assessed against the taxpayers a deficiency of $403.90 . . .

Co. W. C. v., 64 Cust. Ct. 166 (Cust. Ct. 1970)

. . . merchandise involved in this protest, invoiced as “Antifouling Paste Paint”, was classified under item 403.90 . . . The defendant, while adhering to its classification under item 403.90, alternatively claims the merchandise . . . subpart A or C of this part: 403.02 Anthracene having a purity of 30% or more by weight- * * * ******* 403.90 . . . paints in item 474.30, in part 9, schedule 4, than under the “basket” provision for mixtures in item 403.90 . . . , part 1, schedule 4, and, in our opinion, the imported merchandise is properly dutiable under item 403.90 . . .