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: District Court of Appeal of Florida | Date Filed: 2019-08-16

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

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

Court: District Court of Appeal of Florida | Date Filed: 2019-06-20

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: District Court of Appeal of Florida | Date Filed: 2015-08-26

Citation: 176 So. 3d 310, 2015 Fla. App. LEXIS 12718, 2015 WL 5023063

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

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-04-10

Citation: 112 So. 3d 564, 2013 WL 1442224, 2013 Fla. App. LEXIS 5709

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: Supreme Court of Florida | Date Filed: 2011-07-07

Citation: 71 So. 3d 848, 36 Fla. L. Weekly Supp. 383, 2011 Fla. LEXIS 1565, 2011 WL 2637377

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

Munroe v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-05-14

Citation: 983 So. 2d 637, 2008 WL 2038053

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

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-05-28

Citation: 880 So. 2d 730, 2004 WL 1175488

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: Supreme Court of Florida | Date Filed: 2003-04-03

Citation: 842 So. 2d 817, 2003 WL 1786712

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

Ramirez v. State

Court: Supreme Court of Florida | Date Filed: 2001-12-20

Citation: 810 So. 2d 836, 2001 WL 1628609

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

Metelus v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-05-17

Citation: 762 So. 2d 940, 2000 Fla. App. LEXIS 5765, 2000 WL 628270

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

Sysyn v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-04-12

Citation: 756 So. 2d 1058, 2000 Fla. App. LEXIS 4238, 2000 WL 368893

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: Supreme Court of Florida | Date Filed: 1994-04-21

Citation: 640 So. 2d 59, 1994 WL 137858

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: District Court of Appeal of Florida | Date Filed: 1994-03-16

Citation: 636 So. 2d 723, 1994 WL 81811

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

Ellis v. State

Court: Supreme Court of Florida | Date Filed: 1993-07-01

Citation: 622 So. 2d 991, 1993 WL 241044

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

State v. Baird

Court: Supreme Court of Florida | Date Filed: 1990-11-29

Citation: 572 So. 2d 904, 1990 WL 191708

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: District Court of Appeal of Florida | Date Filed: 1989-12-13

Citation: 553 So. 2d 719, 1989 WL 149573

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: 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: found in Sections 161.212, 253.763, 373.617 and 403.90, Florida Statutes.

Simmons v. Baptist Hosp. of Miami, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1984-07-31

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: District Court of Appeal of Florida | Date Filed: 1984-04-04

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

Snippet: condemnation action brought under sections 253.-763 and 403.90, Florida Statutes (1981). The action was filed

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

Court: District Court of Appeal of Florida | Date Filed: 1984-04-04

Citation: 448 So. 2d 566

Snippet: condemnation action brought under sections 253.763 and 403.90, Florida Statutes (1981). The action was filed