Florida Statute 380.085 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 380
LAND AND WATER MANAGEMENT

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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

(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

Annotations, Discussions, Cases:

Cases Citing Statute 380.085

Total Results: 5 | Sort by: Relevance | Newest First

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Caloosa Prop. Owners Ass'n v. Palm Beach Cnty. Bd., 429 So. 2d 1260 (Fla. 1st DCA 1983).

Cited 15 times | Published | Florida 1st District Court of Appeal

...apter 380. See § 380.031(4), Fla. Stat. [10] Thayer v. State, 335 So.2d 815, 817 (Fla. 1976); Kokay v. South Carolina Ins. Co., 380 So.2d 489, 491 (Fla. 3d DCA 1980), aff'd., 398 So.2d 1355 (Fla. 1981); 30 Fla.Jur. Statutes § 93) (Rev. 1974). [11] § 380.085(2), Fla....

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Jt. Ventures, Inc. v. Dept. of Transp., 519 So. 2d 1069 (Fla. 1st DCA 1988).

Cited 8 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 289, 1988 Fla. App. LEXIS 402, 1988 WL 6398

...itutes a taking of property without the payment of full compensation, in violation of the constitutions of this state, or the United States." 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 administrative decision in circuit court for the purpose of determining whether the agency a...

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Fox v. Treasure Coast Reg'l Plan. Council, 442 So. 2d 221 (Fla. 1st DCA 1983).

Cited 6 times | Published | Florida 1st District Court of Appeal

...development to the conditions prescribed by the Commission, (2) present to Palm Beach County an alternate development proposal within the guidelines given him by the Commission, (3) seek review in circuit court of the Commission's order, pursuant to Section 380.085, Florida Statutes, alleging that the Commission's action was an unreasonable exercise of the State's police power, or (4) seek review of the Commission's order, in accordance with Chapter 120, Florida Statutes, for the purpose of dete...

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MANATEE CTY. v. Estech Gen. Chemicals Corp., 402 So. 2d 75 (Fla. 2d DCA 1981).

Cited 6 times | Published | Florida 2nd District Court of Appeal

...l of a development of regional impact under sections 380.06 et seq., Florida Statutes (1979). 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)....

...We note that the action below is not an appeal of the petitioner's action in denying the approval for development, so that the record factual basis for the decision might be significant. Substantive appeals from denials of DRI approval are taken in accordance with chapter 120, Florida Statutes. Section 380.085(2), Florida Statutes (1979). The action below is merely for inverse condemnation and damages, with the additional remedies provided by section 380.085(3), Florida Statutes (1979)....

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Monroe Cnty. v. Ambrose, 866 So. 2d 707 (Fla. 3d DCA 2003).

Cited 4 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22900537

...ollowing the notification or in a binding letter of interpretation. When the notification requirements have not been met, the vested rights authorized by this paragraph shall expire June 30, 1986, unless development commenced prior to that date. [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 with...

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