373.617
Judicial review relating to permits and licenses.
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373.617 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.
Notes of Decisions
Cited in 12
cases, 1982–2014 · leading case: Koontz v. St. Johns River Water Management Dist.
Koontz v. St. Johns River Water Management Dist. (2013)
“Among other claims, he argued that he was entitled to relief under Fla. Stat. § 373.617 (2), which allows owners to recover "monetary damages" if a state agency's action is "an unreasonable exercise of the state's police power constituting a taking without just compensation.”
St. Johns River Water Management District v. Koontz (2011)
“On appeal, St. Johns first contended that the trial court lacked subject matter jurisdiction to consider Mr.”
Dade County v. National Bulk Carriers, Inc. (1984)
“The district court remanded the cause for further proceedings pursuant to section 373.617, Florida Statutes (1981), and the remainder of the circuit court's order was affirmed.”
St. Johns River Water Management District v. Koontz (2009)
“[4] The District urged that Mr. Koontz had suffered no damage at all because his property had more than tripled in value during the eleven years.”
Griffin v. ST. JOHNS RIVER WATER, ETC. (1982)
“114, Florida Statutes (1979); and further, that he would seek review of the agency action in the circuit court, pursuant to section 373.617, Florida Statutes (1979).”
St. Johns River Water Mgmt. Dist. v. Koontz (2003)
“Johns Water Management District for further action pursuant to subsection 373.617(3), Florida Statutes. That subsection states: If the court determines the decision reviewed is an unreasonable exercise of the state's police power constituting a taking without just compensation,…”
Bowen v. FLA. DEPT. OF ENVTL. REG. (1984)
“5th DCA 1982) (discussing section 373.617 (1979), which is identical to sections 253.”
ST. JOHNS RIVER WATER MGMT. DIST. v. Womack (2005)
“The first time this cause appeared before this court it was remanded for lack of finality to enable the trial court to issue a final judgment and to address the applicability of section 373.617, Florida Statutes, raised as an issue in count V of Womack's complaint.”
Bowen v. Florida Department of Environmental Regulation (1984)
“5th DCA 1982) (discussing section 373.617 (1979), which is identical to sections 253.”
St. Johns River Water Management District v. Koontz (2014)
“preceded the enactment of section 373.617, Florida Statutes, and its predecessor.”
Koontz v. St. Johns River Water Management Dist. (2013)
“Among other claims, he argued that he was entitled to relief under Fla. Stat. §373.617 (2), which allows owners to recover “monetary damages” if a state agency’s action is “an unreasonable exercise of the state’s police power constituting a taking without just compensation.”
National Bulk Carriers, Inc. v. Dade County (1982)
“If the court so determines, it shall remand the matter to the Board for further action in accordance with section 373.617(3). The remainder of the Circuit Court’s order is affirmed.”
— 373.617(1)(a) — 1 case
Dade County v. National Bulk Carriers, Inc. (1984)
“The district court remanded the cause for further proceedings pursuant to section 373.617, Florida Statutes (1981), and the remainder of the circuit court's order was affirmed.”
— 373.617(1)(b) — 1 case
Dade County v. National Bulk Carriers, Inc. (1984)
“The district court remanded the cause for further proceedings pursuant to section 373.617, Florida Statutes (1981), and the remainder of the circuit court's order was affirmed.”
— 373.617(2) — 4 cases
St. Johns River Water Management District v. Koontz (2009)
“[4] The District urged that Mr. Koontz had suffered no damage at all because his property had more than tripled in value during the eleven years.”
St. Johns River Water Management District v. Koontz (2011)
“On appeal, St. Johns first contended that the trial court lacked subject matter jurisdiction to consider Mr.”
Griffin v. ST. JOHNS RIVER WATER, ETC. (1982)
“114, Florida Statutes (1979); and further, that he would seek review of the agency action in the circuit court, pursuant to section 373.617, Florida Statutes (1979).”
Dade County v. National Bulk Carriers, Inc. (1984)
“The district court remanded the cause for further proceedings pursuant to section 373.617, Florida Statutes (1981), and the remainder of the circuit court's order was affirmed.”
— 373.617(3) — 3 cases
St. Johns River Water Management District v. Koontz (2011)
“On appeal, St. Johns first contended that the trial court lacked subject matter jurisdiction to consider Mr.”
St. Johns River Water Mgmt. Dist. v. Koontz (2003)
“Johns Water Management District for further action pursuant to subsection 373.617(3), Florida Statutes. That subsection states: If the court determines the decision reviewed is an unreasonable exercise of the state's police power constituting a taking without just compensation,…”
National Bulk Carriers, Inc. v. Dade County (1982)
“If the court so determines, it shall remand the matter to the Board for further action in accordance with section 373.617(3). The remainder of the Circuit Court’s order is affirmed.”
— 373.617(4) — 1 case
St. Johns River Water Mgmt. Dist. v. Koontz (2003)
“Johns Water Management District for further action pursuant to subsection 373.617(3), Florida Statutes. That subsection states: If the court determines the decision reviewed is an unreasonable exercise of the state's police power constituting a taking without just compensation,…”
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