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Florida Statute 253.763 | Lawyer Caselaw & Research
F.S. 253.763 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 253.763

The 2023 Florida Statutes (including Special Session C)

Title XVIII
PUBLIC LANDS AND PROPERTY
Chapter 253
STATE LANDS
View Entire Chapter
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
(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. 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 from cite.case.law:

SCHOOL BOARD OF HILLSBOROUGH COUNTY, v. TAMPA SCHOOL DEVELOPMENT CORP. d b a, 113 So. 3d 919 (Fla. Dist. Ct. App. 2013)

. . . Bd. of Trs. of Internal Improvement Trust Fund, 427 So.2d 153, 157 (Fla.1982), superseded by § 253.763 . . .

CITY OF WEST PALM BEACH, v. ROBERTS, 72 So. 3d 294 (Fla. Dist. Ct. App. 2011)

. . . Id. at 38 (citing § 253.763(2), Fla. Stat. (1985); Dep’t of Agric. & Consumer Servs. v. Mid-Fla. . . .

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

. . . Section 253.763, Florida Statutes, requires that before seeking judicial review a landowner show only . . . Sections 253.763(2) and 403.90(2), Florida Statutes, provide “for proceeding directly to the circuit . . . Stat. § 253.763(2) (“Any person substantially affected by a final action of any agency with respect to . . . Sections 253.763(2) and 403.90(2), Florida Statutes, provide that after “a final action of any agency . . .

MODERN, INC. v. FLORIDA, DEPARTMENT OF TRANSPORTATION, St., 381 F. Supp. 2d 1331 (M.D. Fla. 2004)

. . . Bowen held that Florida Statute § 253.763(2), which allows for an inverse condemnation claim in circuit . . .

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

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

L. TARI, A. v. COLLIER COUNTY, a, 846 F. Supp. 973 (M.D. Fla. 1994)

. . . Additionally, Florida Statute 253.763(2) specifically .provides for proceeding directly to circuit court . . .

M. KRIETER, v. CHILES,, 595 So. 2d 111 (Fla. Dist. Ct. App. 1992)

. . . The appellant’s allegations were brought under the provisions of Section 253.763, Florida Statutes (1989 . . .

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. O. POLK,, 568 So. 2d 35 (Fla. 1990)

. . . . § 253.763(2), Fla. Stat. (1985); Department of Agric. & Consumer Servs. v. . . .

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. MID- FLORIDA GROWERS, INC., 521 So. 2d 101 (Fla. 1988)

. . . propriety of an agency’s action may not be challenged in an inverse condemnation proceeding, section 253.763 . . .

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

. . . First, does section 253.763(2), which was not effective at the time pertinent to the decision in Key . . . Sections .253.763(2) and 403.90(2) provide: Any person substantially affected by a final action of any . . . We find, therefore, that section 253.763(2) alters the case law as established by Key Haven, and later . . . (Albrecht also arose prior to the enactment of section 253.763.) . . . Section 253.763 now only requires, before resort to the circuit court, “final action of any agency” and . . .

ALBRECHT, v. STATE, 444 So. 2d 8 (Fla. 1984)

. . . The district court’s reasoning is further belied by the subsequent enactment of section 253.763, Florida . . .

KEY HAVEN ASSOCIATED ENTERPRISES, INC. v. BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND,, 427 So. 2d 153 (Fla. 1982)

. . . find that this procedure exists independent of the specific statutory authority now found in section 253.763 . . . Section 253.763(2) provides: Any person substantially affected by a final action of any agency with respect . . .

R. GRIFFIN, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 409 So. 2d 208 (Fla. Dist. Ct. App. 1982)

. . . However, none of these cases consider the later applicable statutes, section 253.763 or section 373.617 . . .

KEY HAVEN ASSOCIATED ENTERPRISES, INC. v. BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, 400 So. 2d 66 (Fla. Dist. Ct. App. 1981)

. . . in the permitting proceeding also expired prior to the effective date of Florida Statutes, Section 253.763 . . . Department of Health and Rehabilitative Services, 386 So.2d 844, 848 at note 6 (Fla. 1st DCA 1980). . § 253.763 . . .

R. ALBRECHT C. G. Jr. v. STATE O D. J. Jr. A. D. W. Jr., 407 So. 2d 210 (Fla. Dist. Ct. App. 1981)

. . . That is the procedure now expressly recognized by section 253.763, Florida Statutes (effective May 29 . . . On May 29, 1978, section 253.763 became effective, and the time for filing such an action was reduced . . . It is somewhat peculiar that neither Coulter nor Key Haven (except in the dissent) discussed section 253.763 . . . As for Coulter, the mere fact that section 253.763 was enacted destroys the rationale of that case. . . . The parties agree that section 253.763, Florida Statutes (1979), is inapplicable to this case. . . .