The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.016

373.016 Declaration of policy.—

(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 manage those resources in a manner to ensure their sustainability.

(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, enhancement, development, and proper utilization of surface and groundwater;

(c) To develop and regulate dams, impoundments, reservoirs, and other works and to provide water storage for beneficial purposes;

(d) To promote the availability of sufficient water for all existing and future reasonable-beneficial uses and natural systems;

(e) To prevent damage from floods, soil erosion, and excessive drainage;

(f) To minimize degradation of water resources caused by the discharge of stormwater;

(g) To preserve natural resources, fish, and wildlife;

(h) To promote the public policy set forth in s. 403.021;

(i) To promote recreational development, protect public lands, and assist in maintaining the navigability of rivers and harbors; and

(j) Otherwise to promote the health, safety, and general welfare of the people of this state.

In implementing this chapter, the department and the governing board shall construe and apply the policies in this subsection as a whole, and no specific policy is to be construed or applied in isolation from the other policies in this subsection.

(4)(a) Because water constitutes a public resource benefiting the entire state, it is the policy of the Legislature that the waters in the state be managed on a state and regional basis. Consistent with this directive, the Legislature recognizes the need to allocate water throughout the state so as to meet all reasonable-beneficial uses. However, the Legislature acknowledges that such allocations have in the past adversely affected the water resources of certain areas in this state. To protect such water resources and to meet the current and future needs of those areas with abundant water, the Legislature directs the department and the water management districts to encourage the use of water from sources nearest the area of use or application whenever practicable. Such sources shall include all naturally occurring water sources and all alternative water sources, including, but not limited to, desalination, conservation, reuse of nonpotable reclaimed water and stormwater, and aquifer storage and recovery. Reuse of potable reclaimed water and stormwater shall not be subject to the evaluation described in s. 373.223(3)(a)-(g). However, this directive to encourage the use of water, whenever practicable, from sources nearest the area of use or application shall not apply to the transport and direct and indirect use of water within the area encompassed by the Central and Southern Florida Flood Control Project, nor shall it apply anywhere in the state to the transport and use of water supplied exclusively for bottled water as defined in s. 500.03(1)(d), nor shall it apply to the transport and use of reclaimed water for electrical power production by an electric utility as defined in s. 366.02(4).

(b) In establishing the policy outlined in paragraph (a), the Legislature realizes that under certain circumstances the need to transport water from distant sources may be necessary for environmental, technical, or economic reasons.

(5) The Legislature recognizes that the water resource problems of the state vary from region to region, both in magnitude and complexity. It is therefore the intent of the Legislature to vest in the Department of Environmental Protection or its successor agency the power and responsibility to accomplish the conservation, protection, management, and control of the waters of the state and with sufficient flexibility and discretion to accomplish these ends through delegation of appropriate powers to the various water management districts. 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.

(6) 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.

History.—s. 2, part I, ch. 72-299; s. 36, ch. 79-65; s. 70, ch. 83-310; s. 5, ch. 89-279; s. 20, ch. 93-213; s. 250, ch. 94-356; s. 1, ch. 97-160; s. 1, ch. 98-88; s. 31, ch. 2022-4; s. 36, ch. 2023-154.

F.S. 373.016 on Google Scholar

F.S. 373.016 on Casetext

Amendments to 373.016

Arrestable Offenses / Crimes under Fla. Stat. 373.016

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.016.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BLUEFIELD RANCH MITIGATION BANK TRUST, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, 263 So. 3d 125 (Fla. App. Ct. 2018)

. . . See §§ 373.016, .036, Fla. Stat. (2016). . . .

CITY OF WEST PALM BEACH, v. PALM BEACH COUNTY,, 253 So. 3d 623 (Fla. App. Ct. 2018)

. . . . § 373.016(1), Fla. Stat. (2016). . . . ." § 373.016(3)(b), (3)(f), (3)(g). . . . See §§ 373.016(5), .4131(1), .414, Fla. Stat. B. . . .

UNITED STATES Ex LESINSKI, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT,, 739 F.3d 598 (11th Cir. 2014)

. . . . § 373.016)., Structurally, the districts are designed to perform a state function — water management . . . Stat. § 373.016(5); see also Deseret Ranches, 421 So.2d at 1069 (holding that the “statewide water management . . . Stat. § 373.016(5). . . .

A. DUDA AND SONS, INC. v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 17 So. 3d 738 (Fla. Dist. Ct. App. 2009)

. . . . § 373.016(3), Fla. Stat. (2007). . . . related land resources so as to prevent damage from flooding, soil erosion or excessive drainage. § 373.016 . . . Section 373.016(3), Florida Statutes (2007) provides: (3) It is further declared to be the policy of . . .

MID- CHATTAHOOCHEE RIVER USERS, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 948 So. 2d 794 (Fla. Dist. Ct. App. 2006)

. . . .” § 373.016(3)©, Fla. Stat. (2005). . . .

J. GRIMSHAW, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT,, 195 F. Supp. 2d 1358 (S.D. Fla. 2002)

. . . . § 373.016 * * * * * * It is the finding of the legislature that the general regulatory and administrative . . . Stat. § 373.016 Through these provisions, the Legislature defines the water management districts as operating . . .

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT v. CHARLOTTE COUNTY,, 774 So. 2d 903 (Fla. Dist. Ct. App. 2001)

. . . Section 373.016(3), Florida Statutes (1995), vests power and responsibility in the Department of Environmental . . . impacts on water resources and manage those resources in a manner to ensure their sustainability.” § 373.016 . . . As stated earlier, section 373.016(3), Florida Statutes (1995), vests the DEP with the power “to accomplish . . . This statute is renumbered as section 373.016(5), Florida Statutes (1999). . . . .

G. QUEVEDO, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a, 762 So. 2d 982 (Fla. Dist. Ct. App. 2000)

. . . In section. 373.016(3)(i), Florida Statutes (1999), the legislature expressly stated its policy to “promote . . . recreational development” was “inconsistent with the legislative declaration of policy” in section 373.016 . . . 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 . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, v. CONSOLIDATED- TOMOKA LAND CO. IDI- IDI- IDI- E. S. Jr. W. R. J. II, S. P. S. P. S. P. III, 717 So. 2d 72 (Fla. Dist. Ct. App. 1998)

. . . Chapter begins with a statement that the “waters in the state are among its basic resources”, see section 373.016 . . .

GILBERTSON a S. a v. LENNAR HOMES, INC. No., 629 So. 2d 1029 (Fla. Dist. Ct. App. 1993)

. . . . § 373.016(2), Fla.Stat. (1979) (emphasis added). . . .

CITY OF COCOA, v. HOLLAND PROPERTIES, INC., 625 So. 2d 17 (Fla. Dist. Ct. App. 1993)

. . . Resources Act, in recognizing a need for conservation and control of the waters in the state (Section 373.016 . . . responsibility to accomplish the conservation, protection, management, and control of the waters of the state. § 373.016 . . .

SAVE THE ST. JOHNS RIVER, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT A., 623 So. 2d 1193 (Fla. Dist. Ct. App. 1993)

. . . Section 373.016(3), Fla.Stat. (1991). . . . .

CONCERNED CITIZENS OF PUTNAM COUNTY FOR RESPONSIVE GOVERNMENT, INC. v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 622 So. 2d 520 (Fla. Dist. Ct. App. 1993)

. . . Section 373.016(3), Fla.Stat. . . .

NANZ, v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a, 617 So. 2d 735 (Fla. Dist. Ct. App. 1993)

. . . court’s ruling that Hillsborough County had no duty to manage and control flood waters since sections 373.016 . . .

DAVEY COMPRESSOR COMPANY, v. CITY OF DELRAY BEACH,, 613 So. 2d 60 (Fla. Dist. Ct. App. 1993)

. . . Resources Act, in recognizing the need for conservation and control of the waters in the state (Section 373.016 . . . responsibility to accomplish the conservation, protection, management, and control of the waters in the state. § 373.016 . . .

S. PRUGH, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 578 So. 2d 1130 (Fla. Dist. Ct. App. 1991)

. . . .; § 373.016(3), Fla.Stat. (1989). . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT v. HENSON, 36 Fla. Supp. 2d 132 (Fla. Cir. Ct. 1989)

. . . Sections 373.016, 373.129(3), Florida Statutes. . . .

OSCEOLA COUNTY, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 504 So. 2d 385 (Fla. 1987)

. . . See, e.g., section 373.016(3), Fla.Stat. (1985). . . . The “[djeclaration of policy” contained in section 373.016(3) states that: The Legislature recognizes . . .

OSCEOLA COUNTY, a v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 486 So. 2d 616 (Fla. Dist. Ct. App. 1986)

. . . See § 373.016, Fla.Stat. (1985). . . . See § 373.016(3), Fla.Stat. (1985). . . . legislative intent was to adopt a statewide policy of water management is clearly demonstrated by section 373.016 . . .

CLAY ISLAND FARMS, INC. v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, 23 Fla. Supp. 2d 187 (Fla. Div. Admin. Hearings 1983)

. . . contemplated by Petitioner: (1) are not consistent, with the public interest as envisioned by Section 373.016 . . . The project is not consistent with the public interest as envisioned by Section 373.016, Florida Statutes . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, St. v. DESERET RANCHES OF FLORIDA, INC., 421 So. 2d 1067 (Fla. 1982)

. . . . § 373.016. . . .

DESERET RANCHES OF FLORIDA, INC. v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, St., 406 So. 2d 1132 (Fla. Dist. Ct. App. 1981)

. . . Under section 373.016, the Department has the power and responsibility of managing the waters of this . . . Section 373.016 defines the legislative policy regarding the state’s water resources. . . . Section 373.016 vests in the Department the power to delegate “appropriate powers” to the various water . . .

VILLAGE OF TEQUESTA, v. JUPITER INLET CORPORATION,, 371 So. 2d 663 (Fla. 1979)

. . . Resources Act, in recognizing the need for conservation and control of the waters in the state (Section 373.016 . . .

CITY OF ST. PETERSBURG, a v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,, 355 So. 2d 796 (Fla. Dist. Ct. App. 1977)

. . . Section 373.016(1), Florida Statutes. . . . Section 373.016(2), Florida Statutes. . . . See Section 373.016, Florida Statutes. Second, St. . . . Section 373.016, Florida Statutes. St. . . .

PINELLAS COUNTY, a v. LAKE PADGETT PINES, a a, 333 So. 2d 472 (Fla. Dist. Ct. App. 1976)

. . . . § 373.016) the legislature declared as policy: (1)The waters in the state are among its basic resources . . . Fla.Stat. § 373.016. . . .