Florida Statute 373.229 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

View Entire Chapter

373.229 Application for permit.—

(1) All permit applications filed with the governing board or the department under this part and notice thereof required under s. 373.116 shall contain:

(a) The name of the applicant and his or her address or, in the case of a corporation, the address of its principal business office;

(b) The date of filing;

(d) The source of the water supply;

(e) The quantity of water applied for;

(f) The use to be made of the water and any limitation thereon;

(g) The place of use;

(h) The location of the well or point of diversion; and

(i) Such other information as the governing board or the department may deem necessary.

(2) The notice shall state that written objections to the proposed permit may be filed with the governing board or the department by a specified date. The governing board or the department, at its discretion, may request further information from either applicant or objectors, and a reasonable time shall be allowed for such responses.

(3) In addition to the information required in subsection (1), all permit applications filed with the governing board or the department which propose the transport and use of water across county boundaries shall include information pertaining to factors to be considered, pursuant to s. 373.223(3), unless exempt under s. 373.713(9).

(4) If the proposed application is for less than 100,000 gallons per day, the governing board or the department may consider the application and any objections thereto without a hearing. If the proposed application is for 100,000 gallons per day or more and no objection is received, the governing board or the department, after proper investigation by its staff, may, at its discretion, approve the application without a hearing.

History.—s. 5, part II, ch. 72-299; s. 13, ch. 73-190; s. 11, ch. 76-243; s. 1, ch. 77-174; s. 599, ch. 95-148; s. 5, ch. 98-88; s. 17, ch. 2010-205.

F.S. 373.229 on Google Scholar

F.S. 373.229 on CourtListener

Amendments to 373.229

Annotations, Discussions, Cases:

Cases Citing Statute 373.229

Total Results: 2 | Sort by: Relevance | Newest First

Copy

Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 10391

...and is allowable under the common law of this state." Section 373.226(3) states that an application for a permit under subsection (2) must be made within two years from the date of the implementation of the regulations described in the Act [16] or the use would be deemed abandoned. Section 373.229, which governs the WUP application procedure, including what information must be included in the application itself, has been in existence in substantially the same form since the date of the Act....

...It means by similar proceedings, so far as such proceedings are applicable."). Thus, under section 373.239(3), all permit renewal applications are subject to the same procedural process as the initial permit application. As we have noted, the procedural process is outlined in section 373.229....

Copy

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

...fer and that the statutory directives do not allow SWF to restrict withdrawal according to a set number of gallons. We do not agree. There are several references in the act to measurement of the water to be withdrawn by volume in gallons. See, e.g., Section 373.229, Florida Statutes....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.