Florida Statute 253.763 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 253
STATE LANDS

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F.S. 253.763

253.763 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

(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. 253.763 on Google Scholar

F.S. 253.763 on Casetext

Amendments to 253.763

Arrestable Offenses / Crimes under Fla. Stat. 253.763

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 253.763.

Annotations, Discussions, Cases:

Cases Citing Statute 253.763

Total Results: 15

School Board of Hillsborough County v. Tampa School Development Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-25T00:00:00-08:00

Citation: 113 So. 3d 919

Snippet: 427 So.2d 153, 157 (Fla.1982), superseded by § 253.763(2), Fla. Stat., on other grounds as noted in Bowen

City of West Palm Beach v. Roberts

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-19T00:00:00-07:00

Citation: 72 So. 3d 294

Snippet: condemnation proceeding." Id. at 38 (citing § 253.763(2), Fla. Stat. (1985); Dep't of Agric. &

Singer Island Civic Ass'n v. State Der

Court: Fla. Dist. Ct. App. | Date Filed: 1994-03-15T23:53:00-08:00

Citation: 636 So. 2d 723

Snippet: action in the circuit court pursuant to sections 253.763, 403.90 and 86.021, Florida Statutes (1991), alleging

Krieter v. Chiles

Court: Fla. Dist. Ct. App. | Date Filed: 1992-02-10T23:53:00-08:00

Citation: 595 So. 2d 111

Snippet: allegations were brought under the provisions of Section 253.763, Florida Statutes (1989), and the Constitutions

DEPT. OF AGR. & CONSUMER SERV. v. Polk

Court: Fla. | Date Filed: 1990-09-27T00:53:00-07:00

Citation: 568 So. 2d 35

Snippet: challenged in an inverse condemnation proceeding. § 253.763(2), Fla. Stat. (1985); Department of Agric. &

Department of Agriculture & Consumer Services v. Polk

Court: Fla. | Date Filed: 1990-09-27T00:00:00-07:00

Citation: 568 So. 2d 35, 15 Fla. L. Weekly Supp. 511, 1990 Fla. LEXIS 1194, 1990 WL 141446

Snippet: challenged in an inverse condemnation proceeding. § 253.763(2), Fla. Stat. (1985); Department of Agric. &

Joint Ventures, Inc. v. Dept. of Transp.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-01-28T23:53:00-08:00

Citation: 519 So. 2d 1069

Snippet: the above are also found in Sections 161.212, 253.763, 373.617 and 403.90, Florida Statutes.

DEPT. OF AGRIC. AND CONSUMER SERV. v. Mid-Florida Growers, Inc.

Court: Fla. | Date Filed: 1988-01-20T23:53:00-08:00

Citation: 521 So. 2d 101

Snippet: in an inverse condemnation proceeding, section 253.763(2), Florida Statutes (1983), the fact that the

Bowen v. Florida Department of Environmental Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1984-04-04T00:00:00-08:00

Citation: 448 So. 2d 566

Snippet: inverse condemnation action brought under sections 253.-763 and 403.90, Florida Statutes (1981). The action… case presents two issues. First, does section 253.763(2), which was not effective at the time pertinent…Haven does not apply since it arose before section 253.-763, which expressly authorizes the inverse condemnation…condemnation action in the circuit court. Sections .253.763(2) and 403.90(2) provide: Any person substantially…Rule 17.1.88. We find, therefore, that section 253.763(2) alters the case law as established by Key Haven

Bowen v. FLA. DEPT. OF ENVTL. REG.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-04-03T23:53:00-08:00

Citation: 448 So. 2d 566

Snippet: inverse condemnation action brought under sections 253.763 and 403.90, Florida Statutes (1981). The action… case presents two issues. First, does section 253.763(2), which was not effective at the time pertinent…Haven does not apply since it arose before section 253.763, which expressly authorizes the inverse condemnation…condemnation action in the circuit court. Sections 253.763(2) and 403.90(2) provide: Any person substantially…Rule 17.1.88. We find, therefore, that section 253.763(2) alters the case law as established by Key Haven

Albrecht v. State

Court: Fla. | Date Filed: 1984-01-12T00:00:00-08:00

Citation: 444 So. 2d 8

Snippet: belied by the subsequent enactment of section 253.763, Florida Statutes (Supp. 1978), which provides

Key Haven Associated Enterprises, Inc. v. Bd. of Trustees of Internal Imp. Trust Fund

Court: Fla. | Date Filed: 1982-12-16T00:00:00-08:00

Citation: 427 So. 2d 153

Snippet: specific statutory authority now found in section 253.763(2), Florida Statutes (1979), which became effective… since I cannot, I dissent. NOTES [*] Section 253.763(2) provides: Any person substantially affected

Griffin v. ST. JOHNS RIVER WATER, ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-02-02T23:53:00-08:00

Citation: 409 So. 2d 208

Snippet: consider the later applicable statutes, section 253.763 or section 373.617. In view of the statutes and

Albrecht v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1981-12-10T23:53:00-08:00

Citation: 407 So. 2d 210

Snippet: procedure now expressly recognized by section 253.763, Florida Statutes (effective May 29, 1978), and…their resultant damages. On May 29, 1978, section 253.763 became effective,[6] and the time for filing such…Haven (except in the dissent) discussed section 253.763. The only logical explanation of that omission …taking. As for Coulter, the mere fact that section 253.763 was enacted destroys the rationale of that case…complaint. NOTES [1] The parties agree that section 253.763, Florida Statutes (1979), is inapplicable to this

Key Haven Associated Enterprises, Inc. v. Board of Trustees of Internal Improvement Trust Fund

Court: Fla. Dist. Ct. App. | Date Filed: 1981-06-01T00:53:00-07:00

Citation: 400 So. 2d 66

Snippet: the effective date of Florida Statutes, Section 253.763,[3] which provides a remedy for taking of private…844, 848 at note 6 (Fla. 1st DCA 1980). [3] § 253.763(2), Fla. Stat. (effective May 29, 1978): Any person