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. 373.119

373.119 Administrative enforcement procedures; orders.—

(1) Whenever the executive director of a water management district has reason to believe that a violation of any provision of this chapter or any regulation promulgated thereunder or permits or order issued pursuant thereto has occurred, is occurring, or is about to occur, the executive director may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this chapter or regulation or permit or order alleged to be violated or about to be violated and the facts alleged to constitute a violation thereof, and may order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any such order shall become final unless the person or persons named therein request by written petition a hearing no later than 14 days after the date such order is served.

(2) Whenever the executive director, with the concurrence and advice of the governing board, finds that an emergency exists requiring immediate action to protect the public health, safety, or welfare; the health of animals, fish or aquatic life; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses, the executive director may, without prior notice, issue an order reciting the existence of such an emergency and requiring that such action be taken as the executive director deems necessary to meet the emergency.

(3) Any person to whom an emergency order is directed pursuant to subsection (2) shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.

History.—s. 22, part I, ch. 72-299; s. 14, ch. 78-95.

F.S. 373.119 on Google Scholar

F.S. 373.119 on Casetext

Amendments to 373.119

Arrestable Offenses / Crimes under Fla. Stat. 373.119

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.119.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WEST COAST REGIONAL WATER SUPPLY AUTHORITY, St. v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,, 646 So. 2d 765 (Fla. Dist. Ct. App. 1994)

. . . Director’s Order 94 — 58 (Emergency Order) issued pursuant to the emergency powers authority of section 373.119 . . . Section 373.119(2) authorizes the executive director, with the concurrence and advice of the governing . . . Section 373.119(3) provides that any person to whom an emergency order is directed shall comply immediately . . . Evidence adduced at a hearing pursuant to section 373.119(3) would provide the record that would either . . . Section 373.246(8) adopts the review procedures of section 373.119 when a person challenges an order . . .

MARKS, v. NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT,, 566 So. 2d 46 (Fla. Dist. Ct. App. 1990)

. . . by section 373.436, Florida Statutes, rather than one for corrective action as authorized by section 373.119 . . . However, we find that the challenged order is properly deemed a corrective order under section 373.119 . . .

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

. . . See e.g., § 373.0693, § 373.0697, § 373.083-099, § 373.106, § 373.119, § 373.139, § 373.171, Fla.Stat . . .

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

. . . See, e. g., §§ 373.047, 373.0693, 373.0697, 373.083-.099, 373.106, 373.119, 373.129, 373.139, 373.171 . . .