Florida Statute 253.763 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 253.763

Annotations, Discussions, Cases:

Cases Citing Statute 253.763

Total Results: 16

Albrecht v. State

444 So. 2d 8

Supreme Court of Florida | Filed: Jan 12, 1984 | Docket: 2516901

Cited 90 times | Published

further 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

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

Supreme Court of Florida | Filed: Dec 16, 1982 | Docket: 626694

Cited 84 times | Published

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

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

521 So. 2d 101, 1988 WL 4373

Supreme Court of Florida | Filed: Jan 21, 1988 | Docket: 1703913

Cited 29 times | Published

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

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

448 So. 2d 566

District Court of Appeal of Florida | Filed: Apr 4, 1984 | Docket: 429438

Cited 27 times | Published

this case presents two issues. First, does section 253.763(2), which was not effective at the time pertinent

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

568 So. 2d 35

Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 1526579

Cited 24 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Jun 1, 1981 | Docket: 1676916

Cited 16 times | Published

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

Albrecht v. State

407 So. 2d 210

District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 626703

Cited 4 times | Published

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

Krieter v. Chiles

595 So. 2d 111, 1992 WL 21846

District Court of Appeal of Florida | Filed: Feb 11, 1992 | Docket: 1708858

Cited 3 times | Published

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

Griffin v. ST. JOHNS RIVER WATER, ETC.

409 So. 2d 208

District Court of Appeal of Florida | Filed: Feb 3, 1982 | Docket: 525889

Cited 3 times | Published

cases consider the later applicable statutes, section 253.763 or section 373.617. In view of the statutes

City of West Palm Beach v. Roberts

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

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 2356240

Cited 1 times | Published

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

Modern, Inc. v. Florida, Department of Transportation

381 F. Supp. 2d 1331, 2004 U.S. Dist. LEXIS 28572, 2004 WL 3397952

District Court, M.D. Florida | Filed: Apr 14, 2004 | Docket: 2149729

Cited 1 times | Published

2d DCA 1984). Bowen held that Florida Statute § 253.763(2), which allows for an inverse condemnation claim

Bowen v. Florida Department of Environmental Regulation

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

District Court of Appeal of Florida | Filed: Apr 4, 1984 | Docket: 64604208

Cited 1 times | Published

this case presents two issues. First, does section 253.763(2), which was not effective at the time pertinent

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

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

District Court of Appeal of Florida | Filed: Jan 25, 2013 | Docket: 60231645

Published

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

Hillcrest Property, LLP v. Pasco County

731 F. Supp. 2d 1288, 2010 U.S. Dist. LEXIS 77563, 2010 WL 3043923

District Court, M.D. Florida | Filed: Jul 30, 2010 | Docket: 2337188

Published

a takings claim pursuant to Section 1983. Section 253.763, Florida Statutes, requires that before seeking

Tari v. Collier County

846 F. Supp. 973, 1994 U.S. Dist. LEXIS 2342, 1994 WL 67284

District Court, M.D. Florida | Filed: Feb 28, 1994 | Docket: 65989413

Published

2d 1360 (11th Cir.1989). Additionally, Florida Statute 253.763(2) specifically .provides for proceeding

Department of Agriculture & Consumer Services v. Polk

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

Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 64653739

Published

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