Florida Statute 373.617 | Lawyer Caselaw & Research

The 2024 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.

F.S. 373.617 on Google Scholar

F.S. 373.617 on Casetext

Amendments to 373.617

Arrestable Offenses / Crimes under Fla. Stat. 373.617

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.617.

Annotations, Discussions, Cases:

Cases Citing Statute 373.617

Total Results: 13

St. Johns River Water Management District v. Koontz

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-30T00:00:00-07:00

Citation: 183 So. 3d 396, 2014 WL 1703942, 2014 Fla. App. LEXIS 6371

Snippet: whether Koontz has a damages remedy under section 373.617, Florida Statutes. That statute, however, specifies…taking without just compensation.” Fla. Stat. § 373.617(2010); see ante, at 2597. In what legal universe

St. Johns River Water Management District v. Koontz

Court: Fla. | Date Filed: 2011-11-03T00:00:00-07:00

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

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-20T00:00:00-07:00

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

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2005-09-16T00:53:00-07:00

Citation: 914 So. 2d 15

Snippet: judgment and to address the applicability of section 373.617, Florida Statutes, raised as an issue in count …condemnation of his land, and violated section 373.617, Florida Statutes. CONCLUSION Although we are … a cause of action based upon Florida Statutes 373.617 shall be in favor of St. John's Water Management

St. Johns River Water Management District v. Koontz

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-24T00:53:00-07:00

Citation: 908 So. 2d 518

Snippet: agreeing to issue the permit. Pursuant to subsections 373.617(3) and (4), Florida Statutes (2003), Appellant

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

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-16T23:53:00-08:00

Citation: 861 So. 2d 1267

Snippet: District for further action pursuant to subsection 373.617(3), Florida Statutes. That subsection states: If…the alternatives specified in subsection (3). § 373.617(4), Fla. Stat.[1] Accordingly, we dismiss the appeal

Leonard v. Morgan

Court: Fla. Dist. Ct. App. | Date Filed: 1989-09-06T00:53:00-07:00

Citation: 548 So. 2d 803

Snippet: jurisdiction of the circuit court, pursuant to 373.617(2). (2) The issue of whether the Suwannee River

Joint Ventures, Inc. v. Dept. of Transp.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-01-28T23:53:00-08:00

Citation: 519 So. 2d 1069

Snippet: above are also found in Sections 161.212, 253.763, 373.617 and 403.90, Florida Statutes. BN-310

Bowen v. Florida Department of Environmental Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1984-04-04T00:00:00-08:00

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

Snippet: .2d 208 (Fla. 5th DCA 1982) (discussing section 373.617 (1979), which is identical to sections 253.-763

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

Court: Fla. Dist. Ct. App. | Date Filed: 1984-04-03T23:53:00-08:00

Citation: 448 So. 2d 566

Snippet: .2d 208 (Fla. 5th DCA 1982) (discussing section 373.617 (1979), which is identical to sections 253.763(

Dade County v. National Bulk Carriers, Inc.

Court: Fla. | Date Filed: 1984-03-21T23:53:00-08:00

Citation: 450 So. 2d 213

Snippet: application of section 373.617 to the facts of this case was erroneous. Section 373.617(2) provides a method…cause for further proceedings pursuant to section 373.617, Florida Statutes (1981), and the remainder of … license required by this chapter." See § 373.617(1)(b). "Agency" is defined to mean "…unit or entity of state government." See § 373.617(1)(a). It is obvious that the legislature intended… court has clearly attempted to add to section 373.617 in order to make it cover a situation which is

National Bulk Carriers, Inc. v. Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 1982-09-07T00:00:00-07:00

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

Snippet: rule on the inverse condemnation issue. Section 373.-617(2), Florida Statutes (1981), provides that circuit…constitutes a taking without just compensation. Sec. 373.617(3), Pla.Stat. If the court so determines, it shall… for further action in accordance with section 373.617(3). The remainder of the Circuit Court’s order

Griffin v. ST. JOHNS RIVER WATER, ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-02-02T23:53:00-08:00

Citation: 409 So. 2d 208

Snippet: action in the circuit court, pursuant to section 373.617, Florida Statutes (1979).[1] Approximately one …provisions in Chapter 373 dealing with appeals. Section 373.617, Florida Statutes (1979) provides: (2) Any person…applicable statutes, section 253.763 or section 373.617. In view of the statutes and the case law, we understand…Mutual Ins. Co., 285 So.2d 386 (Fla. 1973). Section 373.617(2) clearly sets up a bifurcated appeal procedure…action in the circuit court, pursuant to section 373.617(2). There the circuit court can fully litigate