CopyCited 24 times | Published | Supreme Court of Florida | 1979 Fla. LEXIS 4668
...by zoning regulations. Village of Euclid v. Ambler Realty Co.,
272 U.S. 365,
47 S.Ct. 114,
71 L.Ed. 303 (1926); 54 A.L.R. 1016 (1928). The Florida Water Resources Act, in recognizing the need for conservation and control of the waters in the state (Section
373.016, Fla....
...§
373.023(1) Fla. Stat. (1973). The Department *671 of Environmental Regulation and the various water management districts are given the responsibility to accomplish the conservation, protection, management, and control of the waters of the state. §
373.016(3) Fla....
CopyCited 16 times | Published | Supreme Court of Florida
...Recognizing that the waters in the state are among Florida's basic resources, the Florida Legislature, through chapter 373, "The Florida Water Resources Act," provided a comprehensive statewide plan for the conservation, protection, management, and control of state waters. § 373.016....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1998 WL 422566
...In the present case, the statutes purporting to establish the authority for the proposed rules are contained within Chapter 373, Florida Statutes, which is known as the Florida Water Resources Act of 1972. This Chapter begins with a statement that the "waters in the state are among its basic resources", see section 373.016(1), Florida Statutes, and then continues for more than one hundred pages to lay out the legislative plan to protect state waters....
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 37 I.E.R. Cas. (BNA) 660, 2014 WL 23737, 2014 U.S. App. LEXIS 14
...7
Case: 12-16082 Date Filed: 01/02/2014 Page: 8 of 15
control of state waters.” St. Johns River Water Mgmt. Dist. v. Deseret Ranches of
Fla.,
421 So. 2d 1067, 1068 (Fla. 1982) (citing Fla. Stat. §
373.016).
Structurally, the districts are designed to perform a state function—water
management and protection—with regional flexibility and discretion. See Fla. Stat.
§
373.016(5); see also Deseret Ranches, 421 So....
...resent an attempt to reconcile
Floridians’ common, statewide interest in protecting Florida’s waters with the
reality that “the water resource problems of the state vary from region to region,
both in magnitude and complexity.” Fla. Stat. § 373.016(5).
Ultimately, the District’s power to manage South Florida’s waters stems
solely from, and is limited by, the State; the District is not autonomous, and no
county, municipality, or other local government delegates to it any authority.
Cf....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2006 WL 3371566
...Chapter 373, Florida Statutes, entitled "Water Resources," is composed of six parts. One of the ten policies listed with respect to water sets forth that it is the policy of the Legislature "[t]o promote recreational development, protect public lands, and assist in maintaining the navigability of rivers and harbors." § 373.016(3)(i), Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...72-317, Laws of Florida, entitled "The Florida Environmental Land and Water Management Act." Each of these enactments was a product of the environmentally conscious Legislature of 1972. The Governor signed each Act on the same date and each was filed with the Secretary of State on April 25, 1972. In Ch. 72-299 (Fla. Stat. § 373.016) the legislature declared as policy: (1) The waters in the state are among its basic resources....
...373, the Legislature provided for the management of water and related land resources and vested authority in the Department of Environmental Regulations to accomplish the task of conserving, protecting, managing, and controlling the water resources principally through delegation to water management districts. Fla. Stat. § 373.016....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1993 WL 274014
...Section
373.069 created the five water management districts of the state, including appellee. The legislature has stated its policy to be that, "to the greatest extent possible," the DER delegate its power to the governing boards of the water management districts. Section
373.016(3), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1993 Fla. App. LEXIS 3, 1993 WL 890
...(1972). The law prior to the Florida Water Resources Act did not allow ownership in the corpus of the water, but only in the use of it... . The Florida Water Resources Act, in recognizing the need for conservation and control of the waters in the state (Section 373.016, Fla....
...empt. §
373.023(1) Fla. Stat. (1973). The Department of Environmental Regulation and the various water management districts are given the responsibility to accomplish the conservation, protection, management, and control of the waters in the state. §
373.016(3) Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 10391
...g system and was patterned, in large part, upon A Model Water Code, [5] a legislative proposal drafted by law professors at the University of Florida. See Erik Swenson, Public Trust Doctrine and Groundwater Rights, 53 U. Miami L.Rev. 363 (Jan.1999). Section 373.016(3), Florida Statutes (1995), [6] vests power and responsibility in the Department of Environmental Protection (DEP) [7] "to accomplish the conservation, protection, management, and control of the waters of the state and with sufficien...
...In 1997, the legislature amended the "Declaration of Policy" section of chapter 373 to add the mandate that DEP and the water management districts "take into account cumulative impacts on water resources and manage those resources in a manner to ensure their sustainability." § 373.016(2), Fla.Stat....
...y feasible. " (Emphasis added.) In the context of the proposed portion of BOR 3.1, we conclude that "environmentally feasible" relates to whether reuse can be accomplished within the bounds of environmental protection regulations. As stated earlier, section 373.016(3), Florida Statutes (1995), vests the DEP with the power "to accomplish the conservation, protection, management, and control of the waters of the state ......
...as determined currently has critical water supply problems or that such problems will occur within the next twenty years. [4] See ch. 72-299, Laws of Fla. [5] See Frank E. Maloney, et al., A Model Water Code (1972). [6] This statute is renumbered as section 373.016(5), Florida Statutes (1999)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1981 Fla. App. LEXIS 21783
...n of article VII, section 1(a), Florida Constitution. Water management problems around the state are varying and interrelated and of necessity the districts and the Department of Environmental Regulation have an extensive working relationship. Under section 373.016, the Department has the power and responsibility of managing the waters of this state and may delegate "appropriate powers" to the various water management districts....
...[10] In addition, the powers and duties granted to water management districts by law, which are independent of the Department are extensive. See, e.g., §§
373.047,
373.0693,
373.0697,
373.083-.099,
373.106,
373.119,
373.129,
373.139,
373.171, 373.1961, 393.409-416,
373.423,
373.429, Fla. Stat. (1979). Section
373.016 defines the legislative policy regarding the state's water resources....
...Johns River Water Management District and are unaffected by the constitutionality of chapter 77-382 which merely created the Greater St. Johns River Basin. [8] "No state ad valorem taxes shall be levied upon real estate or tangible personal property." [9] Section 373.016 vests in the Department the power to delegate "appropriate powers" to the various water management districts....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1993 Fla. App. LEXIS 8913, 1993 WL 331924
...Water districts are the sole agencies empowered to grant consumptive use permits in Florida. As the supreme court wrote over ten years ago: The Florida Water Resources Act, in recognizing a need for conservation and control of the waters in the state (Section 373.016, Fla....
...(1973)) makes all waters in the state subject to regulation, unless otherwise specifically exempt... . The Department of Environmental Regulation and the various water management districts are given the responsibility to accomplish the conservation, protection, management, and control of the waters of the state. § 373.016(3), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...*798 WATER RESOURCES MANAGEMENT IN SOUTHWEST FLORIDA In 1972 the Florida Water Resources Act was enacted by the state legislature. The dual purpose of the act was to provide for conservation of the available water resources while maximizing the beneficial use of the resources. Section 373.016(1), Florida Statutes....
...s, fish and wild life; (f) To promote recreational development, protect public lands, and assist in maintaining the navigability of rivers and harbors; and (g) Otherwise to promote the health, safety, and general welfare of the people of this state. Section 373.016(2), Florida Statutes....
...Water levels are included in the statute as an additional not an exclusive means to effect regulation. Allocation of water resources by a volume measurement is not contrary to the state's policy of maximum use of the resources and is consistent with its policy of conservation of resources. See Section 373.016, Florida Statutes....
...SWF not only protects the water resources from extinction, but must also consider the effect of its management policies on the ecology of the area, the other uses of water such as recreation and transportation, and the welfare of the citizenry generally. Section 373.016, Florida Statutes....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 595, 1986 Fla. App. LEXIS 6754
...It is necessary, therefore to examine Osceola County's challenge to determine whether it is persuasive on that issue. The Water Resources Act was enacted in 1972 to provide the state with a comprehensive policy for the management of Florida water. See § 373.016, Fla....
...See §
373.036(1), Fla. Stat. (1985). Although the amended Water Resources Act gave D.E.R. broad authority over programs affecting the state's water resources, the legislature encouraged delegation of appropriate powers to the regional water management districts. See §
373.016(3), Fla....
...nservation, protection, management and control of state waters. Deseret Ranches,
421 So.2d at 1068. The legislature enacted the Water Resources Act to develop a regulatory framework of managing water resources at both a state and regional level. See §
373.016(3), Fla....
...[2] As will be demonstrated, infra, it is also necessary for the applicant to seek and secure the approval of the South Florida Water Management District, from where the water will be drawn. [3] That the legislative intent was to adopt a statewide policy of water management is clearly demonstrated by section 373.016(3), which states: The Legislature recognizes that the water resource problems of the state vary from region to region, both in magnitude and complexity....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 9759, 2009 WL 2067373
...tly upheld the District's positions in both cases. This appeal addresses only the rule challenge case. [2] The Florida Legislature has clearly stated that it is a policy of the State to provide for the management of water and related land resources. § 373.016(3), Fla....
...However, we believe that the District's interpretation is more consistent with legislative intent. One of the District's responsibilities is to regulate water and related land resources so as to prevent damage from flooding, soil erosion or excessive drainage. § 373.016(3)(e)....
...MONACO, C.J., COBB, W., Senior Judge, concur. NOTES [1] The original version of section
373.406(2) was enacted in 1972. The minor amendments to the statute made subsequent to that date are not material to this appeal. [2] Duda has filed a separate appeal in the enforcement action. [3] Section
373.016(3), Florida Statutes (2007) provides: (3) It is further declared to be the policy of the Legislature: (a) To provide for the management of water and related land resources; (b) To promote the conservation, replenishment, recapture, en...
CopyCited 2 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 6933, 2002 WL 538055
...cts. The department may exercise any power herein authorized to be exercised by a water management district; however, to the greatest extent practicable such power should be delegated to the governing board of a water management district. FLA. STAT. § 373.016 * * * * * * It is the finding of the legislature that the general regulatory and administrative functions of the districts herein authorized are of general benefit to the people of the state and should substantially be financed by general appropriations....
...* * * * * * It is further declared the policy of the Legislature that each water management district, to the extent consistent with effective management practices, shall approximate its fiscal and budget policies and procedures to those of the state. *1364 FLA. STAT. § 373.016 Through these provisions, the Legislature defines the water management districts as operating under state control to perform a state function with a regional component....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 8650, 1993 WL 317075
...ct." The Department of Environmental Regulation is given concurrent authority to exercise such permitting authority; "however, to the greatest extent practicable, such power should be delegated to the governing board of a water management district." Section 373.016(3), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1993 WL 538235
...es, fish and wildlife; (f) To promote recreational development, protect public lands, and assist in maintaining the navigability of rivers and harbors; and (g) Otherwise to promote the health, safety, and general welfare of the people of this state. § 373.016(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 6853, 2000 WL 726480
...In the recommended order adopted by the District, Judge Powell drew a number of conclusions of law. Part I of Chapter 373, Florida Statutes (1999), authorizes the District to provide for works to accomplish the “purposes and policies” set forth in Chapter 373. In section.
373.016(3)(i), Florida Statutes (1999), the legislature expressly stated its policy to “promote recreational development, protect public lands, and assist in maintaining the navigability of rivers and harbors.” Sections
373.085(1) and
373.086(1), Florida....
...on of the permit was warranted and that the conditions of revocation had been met. The judge ruled that the fence’s prevention .of “the promotion of recreational development” was “inconsistent with the legislative declaration of policy” in section 373.016, Florida Statutes (1999); the fence’s interference with the “actual and potential use” of the public land was inconsistent with Rule 40E-6.301(l)(j)....
...Rule 40E-6.341 states that the District may revoke a permit if it is “inconsistent with the factors and conditions enumerated in section 40E-6.301.” Section 40E-6.301 requires the issuance of a permit be consistent with “the legislative declaration of policy contained in Section 373.016.” Section 373.016(3)(i) specifies the paramount legislative intent to “promote recreational development” and “protect public lands.” Rule 40E-6.301(l)(j) codifies the legislative policy of preserving public access to public lands....
CopyPublished | Supreme Court of Florida | 12 Fla. L. Weekly 113, 1987 Fla. LEXIS 1568
...cting and conserving Florida's precious water resources. Although the DER is vested with broad authority over programs affecting these water resources, the legislature has encouraged delegation of appropriate powers to the five districts. See, e.g., section 373.016(3), Fla....
...based upon evidence presented. An examination of the statutory mosaic setting forth the districts' and DER's respective powers should begin, we believe, with the following statements of legislative intent. The "[d]eclaration of policy" contained in section 373.016(3) states that: The Legislature recognizes that the water resource problems of the state vary from region to region, both in magnitude and complexity....
CopyPublished | Florida 4th District Court of Appeal
...erroneously interpreted the law and a correct interpretation compels a
particular action; or improper discretion. Id.
A. Florida’s water policy
The Florida Legislature has taken due care to protect our water because
it is among our most basic resources. § 373.016(1), Fla....
...conservation, replenishment, recapture, enhancement, development, and
proper utilization of surface and groundwater,” “[t]o minimize degradation
of water resources caused by the discharge of stormwater,” and “[t]o
preserve natural resources, fish, and wildlife.” § 373.016(3)(b), (3)(f), (3)(g).
The Legislature delegated to FDEP and the regional water management
districts the responsibility to implement that policy through rulemaking
and district procedures, including certain standards that must be met
before an entity can receive an environmental resource permit that will
impact Florida waters. See §§ 373.016(5), .4131(1), .414, Fla....
CopyPublished | Florida 5th District Court of Appeal | 1991 WL 44909
...[2] The jurisdictional issue might not have been raised at all had the SJRWMD better understood its function. The permitting process is simply a discretionary means of protecting and conserving the water resources of the State of Florida. Art. II, § 7, Fla. Const.; § 373.016(3), Fla....
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
of the department in this area, stating in section
373.016, Florida Statutes, that the department is vested
