Florida Statute 380.085 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 380
LAND AND WATER MANAGEMENT

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F.S. 380.085

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

(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 380.085

Arrestable Offenses / Crimes under Fla. Stat. 380.085

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 380.085.

Annotations, Discussions, Cases:

Cases Citing Statute 380.085

Total Results: 7

Monroe County v. Ambrose

Court: District Court of Appeal of Florida | Date Filed: 2003-12-10

Citation: 866 So. 2d 707, 2003 WL 22900537

Snippet: development commenced prior to that date. [5] Section 380.085, Florida Statutes (1997), enables a person substantially

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

Court: District Court of Appeal of Florida | Date Filed: 1988-01-29

Citation: 519 So. 2d 1069, 13 Fla. L. Weekly 289, 1988 Fla. App. LEXIS 402, 1988 WL 6398

Snippet: caused by denial of a development permit, Section 380.085, Florida Statutes, provides specific judicial remedies:

Londono v. City of Alachua

Court: District Court of Appeal of Florida | Date Filed: 1983-09-07

Citation: 438 So. 2d 91

Snippet: dismissal appellants now appeal to this court. Sec. 380.085, Fla. Stat. (1981). A party's standing to appeal

Caloosa Prop. Owners Ass'n v. Palm Beach County Bd.

Court: District Court of Appeal of Florida | Date Filed: 1983-03-31

Citation: 429 So. 2d 1260

Snippet: 30 Fla.Jur. Statutes § 93) (Rev. 1974). [11] § 380.085(2), Fla. Stat. (1981). [12] § 403.412(5), Fla

Fox v. Treasure Coast Regional Planning Council

Court: District Court of Appeal of Florida | Date Filed: 1983-03-22

Citation: 442 So. 2d 221

Snippet: of the Commission's order, pursuant to Section 380.085, Florida Statutes, alleging that the Commission's

MANATEE CTY. v. Estech Gen. Chemicals Corp.

Court: District Court of Appeal of Florida | Date Filed: 1981-08-12

Citation: 402 So. 2d 75

Snippet: pursuant to the judicial review provisions of section 380.085, Florida Statutes (1979). After pleadings were

Florida Nat. Bank of Jacksonville v. Simpson

Court: Supreme Court of Florida | Date Filed: 1952-05-09

Citation: 59 So. 2d 751, 1952 Fla. LEXIS 1704, 33 A.L.R. 2d 581

Snippet: 418; Robertson v. Bank of Yazoo City, 123 Miss. 380, 85 So. 177. In the instant suits there is no charge