The 2024 Florida Statutes
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. . . Fifth Amendment in this case, the question remains whether Koontz has a damages remedy under section 373.617 . . . Stat. § 373.617(2010); see ante, at 2597. . . . The decision in Key Haven Associated Enterprises, Inc. preceded the enactment of section 373.617, Florida . . .
. . . . § 373.617(2), which allows owners to recover "monetary damages" if a state agency's action is "an unreasonable . . . Stat. § 373.617, petitioner should have first sought judicial review of the denial of his permit in the . . . Ann. § 373.617. . . . Stat. § 373.617 (2010) ; see ante, at 2597. . . .
. . . under chapter 120, Florida Statutes, before bringing this regulatory taking action pursuant to section 373.617 . . . See § 373.617(2), Fla. . . . See § 373.617(3), Fla. Stat. (2002). Here, St. Johns chose to issue the permits to Mr. . . . Koontz’s exac-tions claim because the statute under which the claim was asserted, section 373.617, Florida . . . Johns asserted that although an exactions claim is a form of taking and is cognizable under section 373.617 . . .
. . . Koontz’s claim because section 373.617(2), Florida Statutes, the statute under which Mr. . . . See § 373.617(2), Fla. Stat. (1993). . Dolan, 512 U.S. at 389, 114 S.Cl. 2309. . Nollan v. Cal. . . .
. . . finality to enable the trial court to issue a final judgment and to address the applicability of section 373.617 . . . rights, resulting in a temporary and permanent inverse condemnation of his land, and violated section 373.617 . . . Count V, a cause of action based upon Florida Statutes 373.617 shall be in favor of St. . . .
. . . Pursuant to subsections 373.617(3) and (4), Florida Statutes (2003), Appellant had four choices after . . .
. . . Johns Water Management District for further action pursuant to subsection 373.617(3), Florida Statutes . . . power, the court may order the agency to perform any of the alternatives specified in subsection (3). § 373.617 . . .
. . . .-763, 373.617 and 403.90, Florida Statutes. . . .
. . . Johns River Water Management District, 409 So.2d 208 (Fla. 5th DCA 1982) (discussing section 373.617 . . .
. . . The district court remanded the cause for further proceedings pursuant to section 373.617, Florida Statutes . . . We also hold that the district court’s application of section 373.617 to the facts of this case was erroneous . . . Section 373.617(2) provides a method of judicial review of final action of any agency with respect to . . . See § 373.617(1)(a). . . . The district court has clearly attempted to add to section 373.617 in order to make it cover a situation . . .
. . . Sec. 373.617(3), Pla.Stat. . . . so determines, it shall remand the matter to the Board for further action in accordance with section 373.617 . . .
. . . and further, that he would seek review of the agency action in the circuit court, pursuant to section 373.617 . . . Section 373.617, Florida Statutes (1979) provides: (2) Any person substantially affected by a final action . . . However, none of these cases consider the later applicable statutes, section 253.763 or section 373.617 . . . Section 373.617(2) clearly sets up a bifurcated appeal procedure, both avenues of which must be pursued . . . unconstitutional taking” of property, it must file an action in the circuit court, pursuant to section 373.617 . . .