Florida Statutes
Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)
161.212 - 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
(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.
History.—ss. 1, 2, 3, 4, 5, 6, ch. 78-85.

Structure Florida Statutes

Florida Statutes

Title XI - County Organization and Intergovernmental Relations

Chapter 161 - Beach and Shore Preservation

Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)

161.011 - Short title.

161.021 - Definitions.

161.031 - Personnel and facilities.

161.041 - Permits required.

161.0415 - Citation of rule.

161.042 - Coastal construction and excavation in barrier beach inlets.

161.051 - Coastal construction by persons, firms, corporations, or local authorities.

161.052 - Coastal construction and excavation; regulation.

161.053 - Coastal construction and excavation; regulation on county basis.

161.0531 - Development agreements.

161.0535 - Permits; fees, costs.

161.054 - Administrative fines; liability for damage; liens.

161.055 - Concurrent processing of permits.

161.061 - Coastal construction serving no public purpose, endangering human life, health, or welfare, or becoming unnecessary or undesirable.

161.071 - Prosecuting officers to assist enforcement of this part.

161.081 - Powers of Department of Legal Affairs.

161.082 - Review of innovative technologies for beach nourishment.

161.085 - Rigid coastal armoring structures.

161.088 - Declaration of public policy respecting beach erosion control and beach restoration and nourishment projects.

161.091 - Beach management; funding; repair and maintenance strategy.

161.101 - State and local participation in authorized projects and studies relating to beach management and erosion control.

161.111 - Shore erosion emergency.

161.121 - Penalty.

161.131 - Construction of ss. 161.011-161.212.

161.141 - Property rights of state and private upland owners in beach restoration project areas.

161.142 - Declaration of public policy relating to improved navigation inlets.

161.143 - Inlet management; planning, prioritizing, funding, approving, and implementing projects.

161.144 - Policy guidance related to sand source management.

161.151 - Definitions; ss. 161.141-161.211.

161.161 - Procedure for approval of projects.

161.163 - Coastal areas used by sea turtles; rules.

161.181 - Recording of resolution and survey of board of trustees.

161.191 - Vesting of title to lands.

161.201 - Preservation of common-law rights.

161.211 - Cancellation of resolution for nonperformance by board of trustees.

161.212 - Judicial review relating to permits and licenses.

161.242 - Harvesting of sea oats and sea grapes prohibited; possession prima facie evidence of violation.