Florida Statute 373.119 - 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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373.119 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.

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Amendments to 373.119

Annotations, Discussions, Cases:

Cases Citing Statute 373.119

Total Results: 3 | Sort by: Relevance | Newest First

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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

...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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West Coast Reg'l Water Supply Auth. v. Sw. Florida Water Mgmt. Dist., 646 So. 2d 765 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 10781, 1994 WL 604339

...In cases 94-1527 and 94-1540, the Westcoast Regional Water Supply Authority (“WCR”) and the City of St. Petersburg (“City”), respectively, appeal SWFWMD Executive Director’s Order 94 — 58 (Emergency Order) issued pursuant to the emergency powers authority of section 373.119(2), Florida Statutes (1993)....

...FWMD’s order denying the City’s and the County’s requests for a formal administrative hearing. SWFWMD was created by the legislature to regulate consumptive uses of water in West Central Florida pursuant to Chapter 373 of the Florida Statutes. Section 373.119(2) authorizes the executive director, with the concurrence and advice of the governing board, to issue emergency orders without notice when a situation arises that *766 requires timely action to protect enumerated resources....

...in following procedures complying with traditional notions of due process could spell disaster to consumers. The legislature, however, did not ignore due process when it gave authority to an executive director to summarily issue an emergency order. Section 373.119(3) provides that any person to whom an emergency order is directed shall comply immediately but may obtain a hearing before SWFWMD’s governing board “as soon as possible.” WCR and the City appealed the emergency order to this court and also sought a hearing before SWFWMD. 1 Evidence adduced at a hearing pursuant to section 373.119(3) would provide the record that would either support the emergency order or cause it to be quashed at the conclusion of the hearing....

...or a formal administrative hearing for the benefit of all who requested it. CASES 94-1627 and 94-1540 ARE DISMISSED; ORDER APPEALED IN CASES 94-1783 and 94-1821 IS VACATED. DAUKSCH and GOSHORN, JJ., concur. . Section 373.246(7) also provides for the section 373.119 procedures for the issuance and review of emergency orders. Section 373.246(8) adopts the review procedures of section 373.119 when a person challenges an order pursuant to section 373.246(7).

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Marks v. Nw. Florida Water Mgmt. Dist., 566 So. 2d 46 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 6467, 1990 WL 123110

...essly approving the directive for corrective action. Appellant challenges this order, contending that it is actually one for remedial measures as authorized by section 373.436, Florida Statutes, rather than one for corrective action as authorized by section 373.119, Florida Statutes....

...his court take judicial notice of property records which allegedly indicate that the property is owned by appellant and his spouse as a tenancy by the entireties. However, we find that the challenged order is properly deemed a corrective order under section 373.119, which by the statute’s literal terms need only be served upon “the alleged violator.” On the alternative argument, we decline to take judicial notice as to a factual matter based on records of a character more properly presented below....

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