Florida Statute 373.416 - 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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373.416 Permits for maintenance or operation.—

(1) Except for the exemptions set forth in this part, the governing board or department may require such permits and impose such reasonable conditions as are necessary to assure that the operation or maintenance of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works will comply with the provisions of this part and applicable rules promulgated thereto, will not be inconsistent with the overall objectives of the district, and will not be harmful to the water resources of the district.

(2) Except as otherwise provided in ss. 373.426 and 373.429, a permit issued by the governing board or department for the maintenance or operation of a stormwater management system, dam, impoundment, reservoir, appurtenant work, or works shall be permanent, and the sale or conveyance of such dam, impoundment, reservoir, appurtenant work, or works, or the land on which the same is located, shall in no way affect the validity of the permit, provided the owner in whose name the permit was granted notifies the governing board or department of such change of ownership within 30 days of such transfer.

(3) The governing boards shall, by November 1, 1990, establish by rule requirements for the monitoring and maintenance of stormwater management systems.

History.—s. 5, part IV, ch. 72-299; s. 20, ch. 73-190; s. 14, ch. 89-279.

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Amendments to 373.416

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Cases Citing Statute 373.416

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Ago (Fla. Att'y Gen. 1975).

Published | Florida Attorney General Reports

...The district, of course, is required by statute to grant permits only when, for consumptive use of water, it would not be harmful to the water resources of the area. Section 373.219 (1), F.S. Similar provision is required for the permitting of areas for the management and storage of surface waters. Section 373.416 (1), F.S....

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St. Johns River Water Mgmt. Dist. v. Molica, 83 So. 3d 765 (Fla. 5th DCA 2011).

Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 13029, 2011 WL 3627412

...ed: “Plaintiffs ... do not believe that the existence or non existence of a ‘wetland’ or the farming thereon, is the determinative material fact as to the rights of the parties.” The Molicas referenced sections 373.403, 373.406, 373.413, and 373.416, Florida Statutes, and stated: 7[.] The uncontroverted facts show that Plaintiffs’ property does not contain a stormwater management system, dam, impoundment, reservoir, appurtenant work or works, it does not contain any drainage ditches, c...

...rovisions of this part and applicable rules promulgated thereto and will not be harmful to the water resources of the district. The department or the governing board may delineate areas within the district wherein permits may be required. Similarly, section 373.416, Florida Statutes, entitled “Permits for maintenance or operation,” provides in part: (1) Except for the exemptions set forth in this part, the governing board or department may require such permits and impose such reasonable cond...

...he provisions of this part and applicable rules promulgated thereto, will not be inconsistent with the overall objectives of the district, and will not be harmful to the water resources of the district. Therefore, pursuant to sections 373.413(1) and 373.416(1), the governing board (the District) may require that a party obtain a permit for the construction, alteration, maintenance, or operation of a stormwater management system, dam, impoundment, reservoir, appurtenant work, or works. The Molicas contend that sections 373.413(1) and 373.416(1) are the only authority within chapter 373, Part IV, for the District to require a permit and that, because dredging and filling is neither the construction, alteration, maintenance or operation of any of the six statutorily referenced item...

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