Florida Statute 373.617 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.617

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

(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 373.617

Annotations, Discussions, Cases:

Cases Citing Statute 373.617

Total Results: 10

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

So.2d 208 (Fla. 5th DCA 1982) (discussing section 373.617 (1979), which is identical to sections 253

Dade County v. National Bulk Carriers, Inc.

450 So. 2d 213, 1984 Fla. LEXIS 2776

Supreme Court of Florida | Filed: Mar 22, 1984 | Docket: 2517479

Cited 18 times | Published

cause for further proceedings pursuant to section 373.617, Florida Statutes (1981), and the remainder

St. Johns River Water Mgmt. Dist. v. Koontz

861 So. 2d 1267, 2003 WL 22970871

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 1514127

Cited 4 times | Published

the alternatives specified in subsection (3). § 373.617(4), Fla. Stat.[1] Accordingly, we dismiss the

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

agency action in the circuit court, pursuant to section 373.617, Florida Statutes (1979).[1] Approximately

St. Johns River Water Management District v. Koontz

77 So. 3d 1220, 36 Fla. L. Weekly Supp. 623, 2011 Fla. LEXIS 2617, 2011 WL 5218306

Supreme Court of Florida | Filed: Nov 3, 2011 | Docket: 60304654

Cited 2 times | Published

taking action pursuant to section 373.617, Florida Statutes. See § 373.617(2), Fla. Stat. (2002) (“Review

St. Johns River Water Management District v. Koontz

5 So. 3d 8, 2009 Fla. App. LEXIS 2267, 2009 WL 47009

District Court of Appeal of Florida | Filed: Mar 20, 2009 | Docket: 1664207

Cited 2 times | Published

jurisdiction to hear Mr. Koontz's claim because section 373.617(2), Florida Statutes, the statute under which

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

So.2d 208 (Fla. 5th DCA 1982) (discussing section 373.617 (1979), which is identical to sections 253

St. Johns River Water Management District v. Koontz

183 So. 3d 396, 2014 WL 1703942, 2014 Fla. App. LEXIS 6371, 39 Fla. L. Weekly Fed. D 925

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60253001

Published

whether Koontz has a damages remedy under section 373.617, Florida Statutes. That statute, however, specifies

ST. JOHNS RIVER WATER MGMT. DIST. v. Womack

914 So. 2d 15, 2005 WL 2253833

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 1781357

Published

judgment and to address the applicability of section 373.617, Florida Statutes, raised as an issue in count

National Bulk Carriers, Inc. v. Dade County

419 So. 2d 697, 1982 Fla. App. LEXIS 21145

District Court of Appeal of Florida | Filed: Sep 7, 1982 | Docket: 64592156

Published

to rule on the inverse condemnation issue. Section 373.-617(2), Florida Statutes (1981), provides that