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Florida Statutes, Title XXVIII

Florida/Statutes

← All Florida coverage

Title XXVIII, Natural Resources; Conservation, Reclamation, and Use

9 chapters · 738 sections in this title.

All chapters in Title XXVIII738 Ch 373, Water Resources248 Ch 379, Fish and Wildlife Conservation177 Ch 376, Pollutant Discharge Prevention and R…77 Ch 377, Energy Resources73 Ch 380, Land and Water Management70 Ch 378, Land Reclamation43 Ch 369, Conservation22 Ch 375, Outdoor Recreation and Conservation …15 Ch 374, Navigation Districts; Waterways Deve…13

248 sections·Filtered byTitle XXVIII✕Ch 373✕

Fla. Stat. § 373.012 Topographic mapping
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(1) In order to accelerate topographic mapping in this state by the United States Geological Survey, the Department of Transportation is hereby authorized and directed to set aside, to pledge, and to make available annually out of its State Transportation Trust Fund the sum of $3…
Fla. Stat. § 373.013 Short title
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This chapter shall be known as the “Florida Water Resources Act of 1972.”History.—s. 1, part I, ch. 72-299.
Fla. Stat. § 373.016 Declaration of policy
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(1) The waters in the state are among its basic resources. Such waters have not heretofore been conserved or fully controlled so as to realize their full beneficial use.(2) The department and the governing board shall take into account cumulative impacts on water resources and ma…
Fla. Stat. § 373.019 Definitions
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When appearing in this chapter or in any rule, regulation, or order adopted pursuant thereto, the term:(1) “Alternative water supplies” means salt water; brackish surface and groundwater; surface water captured predominately during wet-weather flows; sources made available throug…

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Fla. Stat. § 373.023 Scope and application

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(1) All waters in the state are subject to regulation under the provisions of this chapter unless specifically exempted by general or special law.(2) No state or local government agency may enforce, except with respect to water quality, any special act, rule, regulation, or order…

Fla. Stat. § 373.026 General powers and duties of the department

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The department, or its successor agency, shall be responsible for the administration of this chapter at the state level. However, it is the policy of the state that, to the greatest extent possible, the department may enter into interagency or interlocal agreements with any other…

Fla. Stat. § 373.033 Saltwater barrier line

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(1) The department may, at the request of the board of county commissioners of any county, at the request of the governing board of any water management district, or any municipality or water district responsible for the protection of a public water supply, or, having determined …

Fla. Stat. § 373.036 Florida water plan; district water management plans

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(1) FLORIDA WATER PLAN.—In cooperation with the water management districts, regional water supply authorities, and others, the department shall develop the Florida water plan. The Florida water plan shall include, but not be limited to:(a) The programs and activities of the depar…

Fla. Stat. § 373.0363 Southern Water Use Caution Area Recovery Strategy

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(1) As used in this section, the term:(a) “Central Florida Coordination Area” means all of Polk, Osceola, Orange, and Seminole Counties, and southern Lake County, as designated by the Southwest Florida Water Management District, the South Florida Water Management District, and th…

Fla. Stat. § 373.037 Pilot program for alternative water supply development in restricted allocation areas

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(1) As used in this section, the term:(a) “Central Florida Water Initiative Area” means all of Orange, Osceola, Polk, and Seminole Counties, and southern Lake County, as designated by the Central Florida Water Initiative Guiding Document of January 30, 2015.(b) “Lower East Coast …

Fla. Stat. § 373.0397 Floridan and Biscayne aquifers; designation of prime groundwater recharge areas

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Upon preparation of an inventory of prime groundwater recharge areas for the Floridan or Biscayne aquifers, but prior to adoption by the governing board, the water management district shall publish a legal notice of public hearing on the designated areas for the Floridan and Bisc…

Fla. Stat. § 373.042 Minimum flows and minimum water levels

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(1) Within each section, or within the water management district as a whole, the department or the governing board shall establish the following:(a) Minimum flow for all surface watercourses in the area. The minimum flow for a given watercourse is the limit at which further withd…

Fla. Stat. § 373.0421 Establishment and implementation of minimum flows and minimum water levels

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(1) ESTABLISHMENT.—(a) Considerations.—When establishing minimum flows and minimum water levels pursuant to s. 373.042, the department or governing board shall consider changes and structural alterations to watersheds, surface waters, and aquifers and the effects such changes or …

Fla. Stat. § 373.043 Adoption and enforcement of rules by the department

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The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.History.—s. 8, part I, ch. 72-299; s. 5, ch. 74-114; s. 81, ch. 98-200.

Fla. Stat. § 373.044 Rules; enforcement; availability of personnel rules

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The governing board of the district is authorized to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. Rules and orders may be enforced by mandatory injunction or other appropriate action in the courts of the state. Rules relating to p…

Fla. Stat. § 373.046 Interagency agreements

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(1) The department may enter into interagency agreements with or among any other state agencies conducting programs or exercising powers related to or affecting the water resources of the state. Such agreements may establish principal-agency or contract relationships; provide for…

Fla. Stat. § 373.0465 Central Florida Water Initiative

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(1) The Legislature finds that:(a) Historically, the Floridan Aquifer system has supplied the vast majority of the water used in the Central Florida Coordination Area.(b) Because the boundaries of the St. Johns River Water Management District, the South Florida Water Management D…

Fla. Stat. § 373.0466 Central Florida Water Initiative Grant Program

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Subject to appropriation, a grant program for the Central Florida Water Initiative is established within the Department of Environmental Protection.(1) The department, in cooperation with the relevant water management districts, shall provide grants for projects that benefit the …

Fla. Stat. § 373.047 Cooperation between districts

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Any water management district is authorized to advise flood control districts or other water management districts of the state in processing matters with the Federal Government and to render such technical assistance as may be helpful to the efficient operation of such other dist…

Fla. Stat. § 373.056 State agencies, counties, drainage districts, municipalities, or governmental agencies or public corporations authorized to convey or receive land from water management districts

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(1)(a) When it is found to be in the public interest and for the public convenience and welfare, and for the public benefit, and necessary for carrying out the works or improvement of any water management district referred to in this chapter for the protection of property and the…

Fla. Stat. § 373.069 Creation of water management districts

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(1) At 11:59 p.m. on December 31, 1976, the state shall be divided into the following water management districts:(a) Northwest Florida Water Management District.(b) Suwannee River Water Management District.(c) St. Johns River Water Management District.(d) Southwest Florida Water …

Fla. Stat. § 373.0691 Transfer of areas

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(1) At the time of change of boundaries of the respective districts under s. 373.069(3), 1976 Supplement to Florida Statutes 1975, all contractual obligations with respect to an area being transferred to another district shall be assumed by the district receiving such area; all r…

Fla. Stat. § 373.0693 Basins; basin boards

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(1)(a) Any areas within a district may be designated by the district governing board as subdistricts or basins. The designations of such basins shall be made by the district governing board by resolutions thereof. The governing board of the district may change the boundaries of s…

Fla. Stat. § 373.0695 Duties of basin boards; authorized expenditures

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(1) The various boards shall be responsible for discharging the following described functions in their respective basins:(a) The preparation of engineering plans for development of the water resources of the basin and the conduct of public hearings on such plans.(b) The developme…

Fla. Stat. § 373.0697 Basin taxes

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The respective basins may, pursuant to s. 9(b), Art. VII of the State Constitution, by resolution request the governing board of the district to levy ad valorem taxes within such basin. Upon receipt of such request, a basin tax levy shall be made by the governing board of the dis…

Fla. Stat. § 373.0698 Creation and operation of basin boards; other laws superseded

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The provisions of ss. 373.0693-373.0697 shall govern the creation and operation of basin boards within any water management district, the provisions of any other general or special law to the contrary notwithstanding.History.—s. 5, ch. 84-341.

Fla. Stat. § 373.073 Governing board

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(1)(a) The governing board of each water management district shall be composed of 9 members who shall reside within the district, except that the Southwest Florida Water Management District shall be composed of 13 members who shall reside within the district. Members of the gover…

Fla. Stat. § 373.076 Vacancies in the governing board; removal from office

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(1) Vacancies occurring in the governing board of a district prior to the expiration of the affected term shall be filled for the unexpired term.(2) The Governor shall have authority to remove from office any officer of said district in the manner and for cause defined by the law…

Fla. Stat. § 373.079 Members of governing board; oath of office; staff

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(1) Each member of the governing board of the district, before entering upon his or her official duties, shall take and subscribe to an oath, before some officer authorized by law to administer oaths, that the member will honestly, faithfully, and impartially perform the duties d…

Fla. Stat. § 373.083 General powers and duties of the governing board

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In addition to other powers and duties allowed it by law, the governing board is authorized to:(1) Contract with public agencies, private corporations, or other persons; sue and be sued; and appoint and remove agents and employees, including specialists and consultants.(2) Issue …

Fla. Stat. § 373.084 District works, operation by other governmental agencies

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The district may permit governing bodies of water conservation districts, drainage and other improvement districts, and federal, state and local governments, authorities or agencies to operate and maintain the works of the district under conditions which the governing board may d…

Fla. Stat. § 373.085 Use of works or land by other districts or private persons

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(1)(a) In order to promote water quantity and water resource development, projects that improve flood control, and conservation of lands, the district and other governmental agencies shall encourage public-private partnerships by collaborating, when possible, with those partnersh…

Fla. Stat. § 373.086 Providing for district works

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(1) In order to carry out the works for the district, and for effectuating the purposes of this chapter, the governing board is authorized to clean out, straighten, enlarge, or change the course of any waterway, natural or artificial, within or without the district; to provide su…

Fla. Stat. § 373.087 District works using aquifer for storage and supply

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The governing board may establish works of the district for the purpose of introducing water into, or drawing water from, the underlying aquifer for storage or supply. However, only water of a compatible quality shall be introduced directly into such aquifer.History.—s. 1, ch. 72…

Fla. Stat. § 373.088 Application fees for certain real estate transactions

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The governing board may adopt rules to provide for the assessment and collection of reasonable fees for the processing of applications for sale, easement, lease, exchange, release, nonuse commitment, disclaimer, quitclaim deed, or reissuance or correction of deed with respect to …

Fla. Stat. § 373.089 Sale or exchange of lands, or interests or rights in lands

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The governing board of the district may sell lands, or interests or rights in lands, to which the district has acquired title or to which it may hereafter acquire title in the following manner:(1)(a) Any lands, or interests or rights in lands, determined by the governing board to…

Fla. Stat. § 373.093 Lease of lands or interest in land and personal property

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The governing board of the district may lease any lands or interest in land, including but not limited to oil and mineral rights, to which the district has acquired title, or to which it may hereafter acquire title in the following manner, as long as the lease is consistent with …

Fla. Stat. § 373.096 Releases

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The governing board of the district may release any easement, reservation or right-of-way interests, conveyed to it for which it has no present or apparent future use under terms and conditions determined by the board.History.—s. 4, ch. 29790, 1955; s. 25, ch. 73-190; s. 1, ch. 8…

Fla. Stat. § 373.099 Execution of instruments

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Any instruments of sale, lease, release, or conveyance executed pursuant to the provisions of this chapter shall be executed in the name of the district by its governing board acting by the chair or vice chair of said board and shall have the corporate seal of the board affixed t…

Fla. Stat. § 373.103 Powers which may be vested in the governing board at the department’s discretion

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In addition to the other powers and duties allowed it by law, the governing board of a water management district may be specifically authorized by the department to:(1) Administer and enforce all provisions of this chapter, including the permit systems established in parts II, II…

Fla. Stat. § 373.106 Permit required for construction involving underground formation

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(1) No construction may be begun on a project involving artificial recharge or the intentional introduction of water into any underground formation except as permitted in chapter 377, without the written permission of the governing board of any water management district within wh…

Fla. Stat. § 373.107 Citation of rule

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In addition to any other provisions within this part or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application pursuant to this part or such rules promulgated hereunder, cite a specific rule. If a request for information…

Fla. Stat. § 373.109 Permit application fees

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When a water management district governing board, the department, or a local government implements a regulatory system under this chapter or one which has been delegated pursuant to chapter 403, it may establish a schedule of fees for filing applications for the required permits.…

Fla. Stat. § 373.113 Adoption of rules by the governing board

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In administering the provisions of this chapter the governing board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring powers or duties upon it.History.—s. 20, part I, ch. 72-299; s. 83, ch. 98-200.

Fla. Stat. § 373.1131 Consolidated action on permits

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(1) Whenever the implementation of specific authority granted by this chapter, or whenever delegation of another program requiring permits or other authorizations, would result in the department or a water management district processing two or more separate permits or other autho…

Fla. Stat. § 373.1135 Small business program

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Each water management district, as created in this chapter, may implement a small business program designed to help small businesses, including those owned by women and minorities, to participate in district procurement and contract activities. The purpose of the program is to sp…

Fla. Stat. § 373.114 Land and Water Adjudicatory Commission; review of district rules and orders; department review of district rules

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(1) Except as provided in subsection (2), the Governor and Cabinet, sitting as the Land and Water Adjudicatory Commission, have the exclusive authority to review any order or rule of a water management district, other than a rule relating to an internal procedure of the district …

Fla. Stat. § 373.116 Procedure for water use and impoundment construction permit applications

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(1) Applications for water use permits, under part II of this chapter; for permits for construction or alteration of dams, impoundments, reservoirs, and appurtenant works, under part IV of this chapter; and for permits under s. 403.812 shall be filed with the water management dis…

Fla. Stat. § 373.117 Certification by professional engineer

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(1) If an application for a permit or license to conduct an activity regulated under this chapter requires the services of a professional engineer as regulated and defined by chapter 471, the department or governing board of a water management district may require, as a condition…

Fla. Stat. § 373.1175 Signing and sealing by professional geologists

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(1) If an application for a permit or license, or the performance of an activity regulated under this chapter, requires the services of a professional geologist as provided for in chapter 492, the department or governing board of a water management district may require that a pro…