Florida Statute 373.233 - 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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373.233 Competing applications.—

(1) If two or more applications that otherwise comply with the provisions of this part are pending for a quantity of water that is inadequate for both or all, or that for any other reason are in conflict, and the water management district or department has deemed the applications complete, the water management district or the department has the right to approve or modify the application that best serves the public interest.

(2)(a) If two or more competing applications qualify equally under subsection (1), the governing board or the department shall give preference to a renewal application over an initial application.

(b) If two or more competing applications qualify equally under subsection (1) and none of the competing applications is a renewal application, the governing board or the department shall give preference to the application for the use where the source is nearest to the area of use or application consistent with s. 373.016(4)(a).

History.—s. 6, part II, ch. 72-299; s. 9, ch. 2013-92; s. 13, ch. 2016-1.

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Amendments to 373.233

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Cases Citing Statute 373.233

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Harloff v. City of Sarasota, 575 So. 2d 1324 (Fla. 2d DCA 1991).

Cited 7 times | Published | Florida 2nd District Court of Appeal | 1991 WL 20425

...While it would certainly make sense for the City to take those steps, this hearing was not a hearing on the City's permit. One might question whether adjacent properties with large water consumptions should be compelled to file competing applications. § 373.233, Fla....

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