Florida Statute 298.01 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXI
DRAINAGE

Chapter 298
DRAINAGE AND WATER CONTROL

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298.01 Formation of water control district.—It is the legislative intent that those water control districts established prior to July 1, 1980, pursuant to the process formerly contained in this section and former ss. 298.02 and 298.03, may continue to operate as outlined in this chapter. However, on and after that date, no water control district may be created except pursuant to s. 125.01 or a special act of the Legislature. Upon formation of a water control district by a special act of the Legislature, the circuit court of the county in which a majority of the land within the district is located shall thereafter maintain and have original and exclusive jurisdiction, coextensive with the boundaries and limits of the water control district without regard to county lines, for all purposes of this chapter.

History.—s. 1, ch. 6458, 1913; RGS 1098; CGL 1451; s. 7, ch. 22858, 1945; ss. 25, 35, ch. 69-106; s. 1, ch. 72-291; s. 1, ch. 79-5; s. 17, ch. 79-65; s. 1, ch. 80-281; s. 20, ch. 2015-2.

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Amendments to 298.01

Annotations, Discussions, Cases:

Cases Citing Statute 298.01

Total Results: 7 | Sort by: Relevance | Newest First

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Florida Jai Alai, Inc. v. Lake Howell Water & R. Dist., 274 So. 2d 522 (Fla. 1973).

Cited 32 times | Published | Supreme Court of Florida

...§ 298.07, F.S.A., which provides for changing boundary lines of a district upon the petition of the Board of Supervisors of the district, the Department of Natural Resources, or the owners of land adjacent to such district. The statute is similar to Fla. Stat. § 298.01, F.S.A., which regulates the formation of a district, except in the manner of notice required....

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Rabin v. Lake Worth Drainage Dist., 82 So. 2d 353 (Fla. 1955).

Cited 16 times | Published | Supreme Court of Florida

...One was based on negligence, one on trespass, and one on the unlawful taking of property. It was averred that as a condition precedent to the formation of the district, the landowners in the district were obligated to pay the expenses of maintaining the improvements, Section 298.01, Florida Statutes 1953, and F.S.A., and that the damage to the plaintiff was the result of fulfilling *354 the obligation....

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Roach v. Loxahatchee Groves Water Control Dist., 417 So. 2d 814 (Fla. Dist. Ct. App. 1982).

Cited 1 times | Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21194

relies on certain language that was contained in Section 298.01(1), Florida Statutes (1979). That provision

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Union Camp Corp. v. Petition of Seminole Forest Water Mgmt. Dist., 302 So. 2d 419 (Fla. Dist. Ct. App. 1974).

Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8421

contention of appellees that the reference in Section 298.01 to “majority of owners” or “Owners of a majority

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Ago (Fla. Att'y Gen. 2000).

Published | Florida Attorney General Reports

Statutes, provides for water control and drainage. Section 298.01, Florida Statutes, provides: "It is the legislative

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Ago (Fla. Att'y Gen. 1983).

Published | Florida Attorney General Reports

125.01 or a special act of the Legislature.' Section 298.01, F.S. For such water control districts and

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Water Control Dist. of South Brevard v. Davidson, 638 So. 2d 521 (Fla. 2d DCA 1994).

Published | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 3906, 1994 WL 151312

statute remains today, essentially unchanged, in section 298.001-78, Florida Statutes. It authorizes the creation

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