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.

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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: District Court of Appeal of Florida | Date Filed: 2013-01-25

Citation: 113 So. 3d 919, 2013 WL 275585, 2013 Fla. App. LEXIS 1079

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: District Court of Appeal of Florida | Date Filed: 2011-10-19

Citation: 72 So. 3d 294, 2011 Fla. App. LEXIS 16360, 2011 WL 4949795

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

Singer Island Civic Ass'n v. State Der

Court: District Court of Appeal of Florida | Date Filed: 1994-03-16

Citation: 636 So. 2d 723, 1994 WL 81811

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

Krieter v. Chiles

Court: District Court of Appeal of Florida | Date Filed: 1992-02-11

Citation: 595 So. 2d 111, 1992 WL 21846

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

Department of Agriculture & Consumer Services v. Polk

Court: Supreme Court of Florida | Date Filed: 1990-09-27

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. & Consumer

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

Court: Supreme Court of Florida | Date Filed: 1990-09-27

Citation: 568 So. 2d 35

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

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

Court: District Court of Appeal of Florida | Date Filed: 1988-01-29

Citation: 519 So. 2d 1069, 13 Fla. L. Weekly 289, 1988 Fla. App. LEXIS 402, 1988 WL 6398

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: Supreme Court of Florida | Date Filed: 1988-01-21

Citation: 521 So. 2d 101, 1988 WL 4373

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: District Court of Appeal of Florida | Date Filed: 1984-04-04

Citation: 448 So. 2d 566, 1984 Fla. App. LEXIS 12541

Snippet: inverse condemnation action brought under sections 253.-763 and 403.90, Florida Statutes (1981). The action

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

Court: District Court of Appeal of Florida | Date Filed: 1984-04-04

Citation: 448 So. 2d 566

Snippet: inverse condemnation action brought under sections 253.763 and 403.90, Florida Statutes (1981). The action

Albrecht v. State

Court: Supreme Court of Florida | Date Filed: 1984-01-12

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: Supreme Court of Florida | Date Filed: 1982-12-16

Citation: 427 So. 2d 153, 18 ERC 2014, 18 ERC (BNA) 2014, 1982 Fla. LEXIS 2646

Snippet: specific statutory authority now found in section 253.763(2), Florida Statutes (1979), which became effective

Griffin v. ST. JOHNS RIVER WATER, ETC.

Court: District Court of Appeal of Florida | Date Filed: 1982-02-03

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: District Court of Appeal of Florida | Date Filed: 1981-12-11

Citation: 407 So. 2d 210

Snippet: procedure now expressly recognized by section 253.763, Florida Statutes (effective May 29, 1978), and

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

Court: District Court of Appeal of Florida | Date Filed: 1981-06-01

Citation: 400 So. 2d 66, 1981 Fla. App. LEXIS 19963

Snippet: the effective date of Florida Statutes, Section 253.763,[3] which provides a remedy for taking of private