Florida Statutes
Fla. Stat. § 380.085 (2025)
Judicial review relating to permits and licenses.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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380.085 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 part.
(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.
Notes of Decisions
Cited in 5
cases, 1981–2003 · leading case: MANATEE CTY. v. Estech Gen. Chemicals Corp., 402 So. 2d 75 (Fla. 2d DCA 1981).
MANATEE CTY. v. Estech Gen. Chemicals Corp., 402 So. 2d 75 (Fla. 2d DCA 1981). “The complaint alleged a taking of Estech's land without just compensation and sought damages, both apparently pursuant to the judicial review provisions of section 380.085, Florida Statutes (1979).”
Caloosa Prop. Owners Ass'n v. Palm Beach Cnty. Bd., 429 So. 2d 1260 (Fla. 1st DCA 1983). “[11] § 380.085(2), Fla. Stat. (1981). [12] § 403.”
Monroe Cnty. v. Ambrose, 866 So. 2d 707 (Fla. 3d DCA 2003). “[5] Section 380.085, Florida Statutes (1997), enables a person substantially affected by the denial of a permit to build, to initiate an action in circuit court on the grounds that an area of critical state concern development order effects a taking without compensation.”
Fox v. Treasure Coast Reg'l Plan. Council, 442 So. 2d 221 (Fla. 1st DCA 1983). “either denying or granting the permit with conditions and restrictions, Fox would then have a number of options: (1) conform his development to the conditions prescribed by the Commission, (2) present to Palm Beach County an alternate development proposal within the guidelines…”
Jt. Ventures, Inc. v. Dept. of Transp., 519 So. 2d 1069 (Fla. 1st DCA 1988). “" In order to protect a property owner from a noncompensated taking caused by denial of a development permit, Section 380.085, Florida Statutes, provides specific judicial remedies: If the owner desires to contest the denial of same, the owner may seek review of such…”
— 380.085(2) — 2 cases
Caloosa Prop. Owners Ass'n v. Palm Beach Cnty. Bd., 429 So. 2d 1260 (Fla. 1st DCA 1983). “[11] § 380.085(2), Fla. Stat. (1981). [12] § 403.”
MANATEE CTY. v. Estech Gen. Chemicals Corp., 402 So. 2d 75 (Fla. 2d DCA 1981). “The complaint alleged a taking of Estech's land without just compensation and sought damages, both apparently pursuant to the judicial review provisions of section 380.085, Florida Statutes (1979).”
— 380.085(3) — 1 case
MANATEE CTY. v. Estech Gen. Chemicals Corp., 402 So. 2d 75 (Fla. 2d DCA 1981). “The complaint alleged a taking of Estech's land without just compensation and sought damages, both apparently pursuant to the judicial review provisions of section 380.085, Florida Statutes (1979).”
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