Florida Statute 403.90 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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F.S. 403.90

403.90 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 403.90

Arrestable Offenses / Crimes under Fla. Stat. 403.90

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.90.

Annotations, Discussions, Cases:

Cases Citing Statute 403.90

Total Results: 20

Tanshanny T. Wright v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-16T00:53:00-07:00

Snippet: scope of a witness's knowledge. See §§ 90.403, 90.604, Fla. Stat. (2008). However, the court&

Michael T. Angelo d/b/a Orange Park Auto Mall v. Timothy Parker, individually and on behalf of those similarly situated

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-20T00:53:00-07:00

Citation: 275 So. 3d 752

Snippet: Eleven days after the sale, the Dealership paid $403.90 to the Department of Highway Safety and Motor Vehicles

Cotton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-08-26T00:00:00-07:00

Citation: 176 So. 3d 310

Snippet: needless presentation of cumulative evidence. §§ 90.403, 90.404(2)(a), Fla. Stat. (2013). In 2001, the

Johnson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-10T00:00:00-07:00

Citation: 112 So. 3d 564

Snippet: 621 (Fla. 4th DCA 2009); see also §§ 90.402, 90.403, 90.404(2), Fla. Stat. (2010). Here, the September

McCray v. State

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

Citation: 71 So. 3d 848

Snippet: scope of a witness's knowledge. See §§ 90.403, 90.604, Fla. Stat. (2008). However, the court'

Munroe v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-05-14T00:53:00-07:00

Citation: 983 So. 2d 637

Snippet: unfair prejudice. Id. at 770-71; see also §§ 90.403, 90.608(1), Fla. Stat. (2007). The state maintains

Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-05-28T00:53:00-07:00

Citation: 880 So. 2d 730

Snippet: officers or both should be redacted. See §§ 90.403, 90.801-.802; Martinez v. State, 761 So.2d 1074, 1079

Butler v. State

Court: Fla. | Date Filed: 2003-04-03T00:00:00-08:00

Citation: 842 So. 2d 817

Snippet: evidence was outweighed by the prejudice. See §§ 90.403-90.404, Fla. Stat. (1995). On April 30, 1997, the

Marquard v. State

Court: Fla. | Date Filed: 2002-11-20T23:53:00-08:00

Citation: 850 So. 2d 417

Snippet: not inadmissible pursuant to s. 90.402 or s. 90.403. § 90.803(22), Fla. Stat. (1999) (emphasis added). This

Ramirez v. State

Court: Fla. | Date Filed: 2001-12-19T23:53:00-08:00

Citation: 810 So. 2d 836

Snippet: unreliable under the balancing test in section 90.403: 90.403 Exclusion on grounds of prejudice or confusion

Metelus v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-05-17T00:00:00-07:00

Citation: 762 So. 2d 940

Snippet: substantially outweighed by its prejudice. See §§ 90.403, 90.801-.802, Fla. Stat. (1997). Generally, police

Sysyn v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-12T00:00:00-07:00

Citation: 756 So. 2d 1058

Snippet: admitting this evidence at trial. Sections 90.402; 90.403; 90.702; 90.704, Fla. Stat. (1987). With regard to

Peterka v. State

Court: Fla. | Date Filed: 1994-04-21T00:53:00-07:00

Citation: 640 So. 2d 59

Snippet: outweighed by any prejudice. See §§ 90.402, 90.403, 90.801(1)(c), Fla. Stat. (1989). The record in the

Singer Island Civic Ass'n v. State Der

Court: Fla. Dist. Ct. App. | Date Filed: 1994-03-15T23:53:00-08:00

Citation: 636 So. 2d 723

Snippet: the circuit court pursuant to sections 253.763, 403.90 and 86.021, Florida Statutes (1991), alleging that

Ellis v. State

Court: Fla. | Date Filed: 1993-07-01T00:53:00-07:00

Citation: 622 So. 2d 991

Snippet: and an impermissible comment on character. §§ 90.403, 90.404(1), Fla. Stat. (1989). This error standing

State v. Baird

Court: Fla. | Date Filed: 1990-11-28T23:53:00-08:00

Citation: 572 So. 2d 904

Snippet: outweighed by its prejudicial effect. See §§ 90.402, 90.403, 90.801(1)(c), Fla. Stat. (1987). In such a case, any

Jackson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1989-12-12T23:53:00-08:00

Citation: 553 So. 2d 719

Snippet: admitting this evidence at trial. Sections 90.402; 90.403; 90.702; 90.704, Fla. Stat. (1987). With regard to

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: found in Sections 161.212, 253.763, 373.617 and 403.90, Florida Statutes. BN-310 District Court

Simmons v. Baptist Hosp. of Miami, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-07-31T00:53:00-07:00

Citation: 454 So. 2d 681

Snippet: 345 So.2d 747, 754 (Fla. 4th DCA 1977); §§ 90.403, 90.609, 90.610, 90.614, Fla. Stat. (1983). Third,

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

Snippet: condemnation action brought under sections 253.-763 and 403.90, Florida Statutes (1981). The action was filed … in the circuit court. Sections .253.763(2) and 403.90(2) provide: Any person substantially affected by… which is identical to sections 253.-763(2) and 403.90(2), Florida Statutes (1981).) We note, however,