Florida Statute 373.083 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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373.083 General powers and duties of the governing board.—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 orders to implement or enforce any of the provisions of this chapter or regulations thereunder.

(3) Make surveys and investigations of the water supply and resources of the district and cooperate with other governmental agencies in similar activities.

(4) Solicit and accept donations or grants of funds or services from both public and private sources for the planning and implementation of district undertakings and delegations, including, but not limited to, projects, programs, works, and studies.

(5) Execute any of the powers, duties, and functions vested in the governing board through a member, the executive director, or other district staff as designated by the governing board. The governing board may establish the scope and terms of any delegation, and no delegation shall be subject to the rulemaking requirements of chapter 120. However, if the governing board delegates to the executive director its authority to take final action on permit applications under part II or petitions for variances or waivers of permitting requirements under part II, the executive director may execute such delegated authority through designated staff. However, the governing board must provide a process for referring a denial of such application or petition to the governing board for the purpose of taking final action. The authority to delegate under this subsection is supplemental to any other provision of this chapter granting authority to the governing board to delegate specific powers, duties, or functions.

History.—s. 16, part I, ch. 72-299; s. 1, ch. 82-46; s. 25, ch. 88-242; ss. 1, 2, ch. 89-279; ss. 11, 12, ch. 90-217; s. 1, ch. 97-70; s. 1, ch. 2000-133; s. 2, ch. 2001-256; s. 7, ch. 2009-243; s. 52, ch. 2010-205.

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Amendments to 373.083

Annotations, Discussions, Cases:

Cases Citing Statute 373.083

Total Results: 8 | Sort by: Relevance | Newest First

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Friends of the Everglades v. South Florida Water Mgmt. Dist., 570 F.3d 1210 (11th Cir. 2009).

Cited 33 times | Published | Court of Appeals for the Eleventh Circuit | 39 Envtl. L. Rep. (Envtl. Law Inst.) 20118, 68 ERC (BNA) 2121, 2009 U.S. App. LEXIS 12341, 2009 WL 1545551

...We are dealing with this particular case. The only remedies sought are prospective injunctive relief of the sort which, if granted, would be obtained through judicial process applied against the executive director, who is responsible for the operation of the Water District. See Fla. Stat. § 373.083. The plaintiffs have the greatest interest in the availability of remedies....

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United States Ex Rel. Lesinski v. South Florida Water Mgmt. Dist., 739 F.3d 598 (11th Cir. 2014).

Cited 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

...reimbursement requests. According to Appellant, however, the function at issue is much narrower: the solicitation of public grants. Thus, because the statute that authorizes the District to solicit public grants does not require direct State oversight, see Fla. Stat. § 373.083(4), Appellant argues that the District was acting with autonomy akin to that of a county or municipality when it requested the FEMA reimbursements and therefore was not functioning as an arm of the state. This abstraction argument...

...exercise those powers directly from the State.6 See id. at 1304 n.4 (looking to the sources of an entity’s authority to take a particular action and its duty to do so when considering the first two prongs of the Manders inquiry); see also Fla. Stat. § 373.083(4) (authorizing the District to solicit and accept public grants only for District projects); Fla....

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City of St. Petersburg v. Sw. Fla. Water Mgmt. Dist., 355 So. 2d 796 (Fla. 2d DCA 1977).

Cited 2 times | Published | Florida 2nd District Court of Appeal

...Section 373.016(2), Florida Statutes. The state was divided into water management districts [1] each headed by a governing board which was authorized, among other things, to "[i]ssue orders to implement or enforce any of the provisions of this chapter or regulations thereunder." Section 373.083(2), Florida Statutes....

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Osceola Cty. v. St. Johns River Water Mgt. Dist., 486 So. 2d 616 (Fla. 5th DCA 1986).

Cited 2 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 595, 1986 Fla. App. LEXIS 6754

...tricts. See e.g., § 373.103, Fla. Stat. (1985); Fla. Admin. Code Rule 17-40.10(2)-(4). On the other hand, many powers and duties granted to the water management districts by law appear to be independent of D.E.R. See e.g., § 373.0693, § 373.0697, § 373.083-099, § 373.106, § 373.119, § 373.139, § 373.171, Fla....

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Gilbertson v. Lennar Homes, Inc., 629 So. 2d 1029 (Fla. 4th DCA 1993).

Cited 1 times | Published | Florida 4th District Court of Appeal | 1993 WL 538235

...(2) Issue orders to implement or enforce any of the provisions of this chapter or regulations thereunder. (3) Make surveys and investigations of the water supply and resources of the district and cooperate with other governmental agencies in similar activities. § 373.083, Fla....

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FRIENDS OF THE EVERGLADES v. South Florida Water Mgmt. Dist., 605 F.3d 962 (11th Cir. 2009).

Published | Court of Appeals for the Eleventh Circuit

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Ago (Fla. Att'y Gen. 2011).

Published | Florida Attorney General Reports

...mployees while they are being paid by the district for their time, regardless of physical location, including outdoor locations and property not owned by the district. Your letter suggests that the general employment power granted to the district by section 373.083 , Florida Statutes, and implied powers attendant to that statute may provide the authority necessary for such a regulation....

...executive director, ombudsman, and such engineers, other professional persons, and other personnel and assistants as it deems necessary and under such terms and conditions as it may determine and to terminate such employment." 6 (e.s.) In addition, section 373.083 , Florida Statutes, providing the general powers and duties of water management district governing boards specifically identifies several broad powers "[i]n addition to other powers and duties allowed it by law ....

...Stat., to develop policies for the terms and conditions of employment for district employees and for the management of district real property. Thus, this request is submitted in your capacity as executive director rather than on behalf of the governing board of the district. And see s. 373.083 (5), Fla....

...Miami Herald Publishing Company , 462 So. 2d 821 (Fla. 1985) (in construing legislation, courts should not assume Legislature acted pointlessly); Ops. Att'y Gen. Fla. 00-46 (2000), 98-83 (1998), 97-78 (1997). 6 Section 373.079 (4)(a), Fla. Stat. 7 Section 373.083 (1), Fla....

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Ago (Fla. Att'y Gen. 1993).

Published | Florida Attorney General Reports

...anagement District is not authorized to include a lump sum bonus payment provision in its employment contracts. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 See, ss. 373.0698 and 373.073 (1)(b)4., F.S. 2 Section 373.079 (4)(a), F.S. 3 Section 373.083 (1), F.S....

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