reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part I - State Water Resource Plan (Ss. 373.012-373.200) › 373.123 - Penalty.

373.123 Penalty.—Any person, real or artificial, that shall construct or enlarge, or cause to be constructed or enlarged, a canal or shall enlarge or deepen a natural stream in such a manner as to permit salt water to move inland of an established saltwater barrier line, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083. Each day such movement of salt water shall continue, shall constitute a separate offense of the provisions of this law.
History.—s. 3, ch. 63-210; s. 324, ch. 71-136; s. 25, ch. 73-190.
Note.—Former s. 373.195.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part I - State Water Resource Plan (Ss. 373.012-373.200) › 373.129 - Maintenance of actions.

373.129 Maintenance of actions.—The department, the governing board of any water management district, any local board, or a local government to which authority has been delegated pursuant to s. 373.103(8), is authorized to commence and maintain proper and necessary actions and proceedings in any court of competent jurisdiction for any of the following purposes:
(1) To enforce rules, regulations, and orders adopted or issued pursuant to this law.
(2) To enjoin or abate violations of the provisions of this law or rules, regulations, and orders adopted pursuant hereto.
(3) To protect and preserve the water resources of the state.
(4) To defend all actions and proceedings involving its powers and duties pertaining to the water resources of the state.
(5) To recover a civil penalty for each offense in an amount not to exceed $15,000 per offense. Each date during which such violation occurs constitutes a separate offense.
(a) A civil penalty recovered by a water management district pursuant to this subsection shall be retained and used exclusively by the water management district that collected the money. A civil penalty recovered by the department pursuant to this subsection must be deposited into the Water Quality Assurance Trust Fund established under s. 376.307.
(b) A local government that is delegated authority pursuant to s. 373.103(8) may deposit a civil penalty recovered pursuant to this subsection into a local water pollution control program trust fund, notwithstanding paragraph (a). However, civil penalties that are deposited in a local water pollution control program trust fund and that are recovered for violations of state water quality standards may be used only to restore water quality in the area that was the subject of the action, and civil penalties that are deposited in a local water pollution control program trust fund and that are recovered for violation of requirements relating to water quantity may be used only to purchase lands and make capital improvements associated with surface water management, or other purposes consistent with the requirements of this chapter for the management and storage of surface water.
(6) To recover investigative costs, court costs, and reasonable attorney fees.
(7) To enforce part IV of this chapter in the same manner and to the same extent as provided in ss. 373.430, 403.121(1) and (2), 403.131, 403.141, and 403.161.
(8) In conflicts arising where a water management district is a party to litigation against another governmental entity, as defined in s. 164.1031, a district has an affirmative duty to engage in alternative dispute resolution in good faith as required by chapter 164.
History.—s. 16, ch. 57-380; s. 16, ch. 63-336; ss. 25, 35, ch. 69-106; s. 25, ch. 73-190; s. 42, ch. 79-65; s. 9, ch. 84-341; s. 2, ch. 91-231; s. 4, ch. 91-288; s. 27, ch. 93-213; s. 38, ch. 96-321; s. 46, ch. 2010-205; s. 36, ch. 2015-229; s. 7, ch. 2020-158.
Note.—Former s. 373.221.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part I - State Water Resource Plan (Ss. 373.012-373.200) › 373.136 - Enforcement of regulations and orders.

373.136 Enforcement of regulations and orders.—
(1) The governing board may enforce its regulations and orders adopted pursuant to this chapter, by suit for injunction or other appropriate action in the courts of the state.
(2) The court may award to the prevailing party or parties reasonable attorney’s fees for services rendered in actions at law and all appellate proceedings resulting therefrom under the provisions of this chapter. In addition to the above, the court may award all costs and charges incident to such actions.
(3) Any action by a citizen of the state to seek judicial enforcement of any of the provisions of this chapter shall be governed by the Florida Environmental Protection Act, s. 403.412.
History.—s. 25, part I, ch. 72-299; s. 7, ch. 99-353.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part I - State Water Resource Plan (Ss. 373.012-373.200) › 373.1401 - Management of lands of water management districts.

373.1401 Management of lands of water management districts.—In addition to provisions contained in s. 373.1391(1) for soil and water conservation districts, the governing board of each water management district may contract with a nongovernmental person or entity, any federal or state agency, a county, a municipality, or any other governmental entity, or environmental nonprofit organization to provide for the improvement, management, or maintenance of any real property owned by or under the control of the district.
History.—s. 6, ch. 91-288; s. 14, ch. 2001-256.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part I - State Water Resource Plan (Ss. 373.012-373.200) › 373.145 - Information program regarding hydrologic conditioning and consumption of major surface and groundwater sources.

373.145 Information program regarding hydrologic conditioning and consumption of major surface and groundwater sources.—In order to aid in the development of a better understanding of the unique surface and groundwater resources of this state, the water management districts shall develop an information program designed to provide information concerning existing hydrologic conditions of major surface and groundwater sources in this state and suggestions for good conservation practices within those areas. The water management districts shall utilize the most efficient means to regularly distribute this information to members of the Legislature, the media, and the public.
History.—s. 38, ch. 2002-296; s. 39, ch. 2005-2; s. 7, ch. 2005-36.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part I - State Water Resource Plan (Ss. 373.012-373.200) › 373.146 - Publication of notices, process, and papers.

373.146 Publication of notices, process, and papers.—
(1) Whenever in this chapter the publication of any notice, process, or paper is required or provided for, unless otherwise provided by law, the publication thereof as provided in chapter 50 is considered as being sufficient.
(2) Notwithstanding any other provision of law to the contrary, and except in the case of emergency meetings, water management districts may provide reasonable notice of public meetings held to evaluate responses to solicitations issued by the water management district, by publication as provided in chapter 50, no less than 7 days before such meeting.
History.—s. 44, ch. 25209, 1949; s. 27, part I, ch. 72-299; s. 25, ch. 73-190; s. 14, ch. 78-95; s. 35, ch. 99-247; s. 27, ch. 2021-17.
Note.—Former s. 378.44.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part I - State Water Resource Plan (Ss. 373.012-373.200) › 373.149 - Existing districts preserved.

373.149 Existing districts preserved.—The enactment of this act shall not affect the existence of the Central and Southern Florida Flood Control District created by chapter 25270, 1949, Laws of Florida, or the Southwest Florida Water Management District, created by chapter 61-691, Laws of Florida, or any contract or obligation of such districts entered into prior to the effective date of this act. The two districts shall continue to exercise the taxing powers authorized to them in the territories within their respective boundaries, except that nothing herein shall limit the department in considering and recommending to the 1973 session of the Legislature changes in the boundaries and transfers of funds, appropriations, personnel, property, or equipment between or among the existing districts and districts created by this chapter. The two districts shall continue to exercise the powers presently authorized by chapter 378 and this chapter, notwithstanding provisions contained to the contrary in this chapter, until any such powers shall be specifically revoked or modified by the department pursuant to this chapter, except that the provisions of s. 373.139 relating to acquisition of real property shall apply.
History.—s. 28, part I, ch. 72-299.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part I - State Water Resource Plan (Ss. 373.012-373.200) › 373.171 - Rules.

373.171 Rules.—
(1) In order to obtain the most beneficial use of the water resources of the state and to protect the public health, safety, and welfare and the interests of the water users affected, governing boards, by action not inconsistent with the other provisions of this law and without impairing property rights, may:
(a) Adopt rules or issue orders affecting the use of water, as conditions warrant, and forbidding the construction of new diversion facilities or wells, the initiation of new water uses, or the modification of any existing uses, diversion facilities, or storage facilities within the affected area.
(b) Regulate the use of water within the affected area by apportioning, limiting, or rotating uses of water or by preventing those uses which the governing board finds have ceased to be reasonable or beneficial.
(c) Issue orders and adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.
(2) In adopting rules and issuing orders under this law, the governing board shall act with a view to full protection of the existing rights to water in this state insofar as is consistent with the purpose of this law.
(3) No rule or order shall require any modification of existing use or disposition of water in the district unless it is shown that the use or disposition proposed to be modified is detrimental to other water users or to the water resources of the state.
(4) All rules adopted by the governing board shall be filed with the Department of State as provided in chapter 120. An information copy will be filed with the Department of Environmental Protection.
(5) Cooperative funding programs are not subject to the rulemaking requirements of chapter 120. However, any portion of an approved program which affects the substantial interests of a party is subject to s. 120.569.
History.—s. 11, ch. 57-380; s. 8, ch. 63-336; ss. 10, 25, 35, ch. 69-106; s. 8, ch. 76-243; s. 1, ch. 77-117; s. 14, ch. 78-95; s. 256, ch. 94-356; s. 84, ch. 98-200; s. 3, ch. 2013-229.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part I - State Water Resource Plan (Ss. 373.012-373.200) › 373.1725 - Notice of intent by publication.

373.1725 Notice of intent by publication.—In addition to rulemaking procedures required pursuant to chapter 120, the water management districts, when proposing to adopt, amend, or repeal any rule, shall provide notice of intent by publication in a newspaper of general circulation in the affected area. The publication notice shall summarize the proposed rule and shall occur at least 14 days prior to the intended action.
History.—s. 12, ch. 91-288.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part I - State Water Resource Plan (Ss. 373.012-373.200) › 373.175 - Declaration of water shortage; emergency orders.

373.175 Declaration of water shortage; emergency orders.—
(1) The governing board of the district may by order declare that a water shortage exists within all or part of the district when insufficient ground or surface water is available to meet the needs of the users or when conditions are such as to require temporary reduction in total use within the area to protect water resources from serious harm.
(2) The governing board may impose such restrictions on one or more users of the water resource as may be necessary to protect the water resources of the area from serious harm.
(3) When a water shortage is declared, the governing board shall cause notice thereof to be published in a prominent place within a newspaper of general circulation throughout the area. Publication of such notice shall serve as notice to all users in the area of the condition of water shortage.
(4) If an emergency condition exists due to a water shortage within any area of the district and the executive director of the district, with the concurrence of the governing board, finds that the exercise of powers under this section is not sufficient 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, pursuant to the provisions of chapter 120, issue emergency orders reciting the existence of such an emergency and requiring that such action, including, but not limited to, apportioning, rotating, limiting, or prohibiting the use of the water resources of the district, be taken as the executive director, with the concurrence of the governing board, deems necessary to meet the emergency.
History.—s. 1, ch. 72-730; s. 25, ch. 73-190; s. 1, ch. 73-295; s. 14, ch. 78-95; s. 35, ch. 83-218; s. 597, ch. 95-148.
Note.—Former s. 378.152.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part I - State Water Resource Plan (Ss. 373.012-373.200) › 373.187 - Water management district implementation of Florida-friendly landscaping.

373.187 Water management district implementation of Florida-friendly landscaping.—Each water management district shall use Florida-friendly landscaping, as defined in s. 373.185, on public property associated with buildings and facilities owned by the district and constructed after June 30, 2009. Each district shall also develop a 5-year program for phasing in the use of Florida-friendly landscaping on public property associated with buildings or facilities owned by the district and constructed before July 1, 2009.
History.—s. 18, ch. 2009-243.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part I - State Water Resource Plan (Ss. 373.012-373.200) › 373.200 - Seminole Tribe Water Rights Compact.

373.200 Seminole Tribe Water Rights Compact.—Pursuant to the provisions of s. 285.165, the South Florida Water Management District is authorized to act in accordance with the Seminole Tribe Water Rights Compact incorporated by reference therein.
History.—s. 6, ch. 2000-133.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.203 - Definitions.

373.203 Definitions.—
(1) “Abandoned artesian well” is defined as an artesian well:
(a) That does not have a properly functioning valve;
(b) The use of which has been permanently discontinued;
(c) That does not meet current well construction standards;
(d) That is discharging water containing greater than 500 milligrams per liter of chlorides into a drinking water aquifer;
(e) That is in such a state of disrepair that it cannot be used for its intended purpose without having an adverse impact upon an aquifer which serves as a source of drinking water or which is likely to be such a source in the future; or
(f) That does not have proper flow control on or below the land surface.
(2) An “artesian well” is defined as an artificial hole in the ground from which water supplies may be obtained and which penetrates any water-bearing rock, the water in which is raised to the surface by natural flow, or which rises to an elevation above the top of the water-bearing bed. “Artesian wells” are defined further to include all holes, drilled as a source of water, that penetrate any water-bearing beds that are a part of the artesian water system of Florida, as determined by representatives of the Florida Geological Survey or the Department of Environmental Protection.
(3) “Plugging” is defined as plugging, capping, or otherwise controlling a well as deemed appropriate by the department or by the appropriate water management district.
(4) “Waste” is defined to be the causing, suffering, or permitting any water flowing from, or being pumped from, an artesian well to run into any river, creek, or other natural watercourse or channel, or into any bay or pond (unless used thereafter for the beneficial purposes of irrigation of land, mining, or other industrial purposes of domestic use), or into any street, road or highway, or upon the land of any person, or upon the public lands of the United States or of the state, unless it is used thereon for the beneficial purposes of the irrigation thereof, industrial purposes, domestic use, or the propagation of fish. The use of any water flowing from an artesian well for the irrigation of land shall be restricted to a minimum by the use of proper structural devices in the irrigation system.
History.—ss. 3, 4, ch. 28253, 1953; s. 1, ch. 59-248; ss. 25, 35, ch. 69-106; s. 25, ch. 73-190; s. 44, ch. 79-65; s. 6, ch. 83-310; s. 261, ch. 94-356.
Note.—Former ss. 370.051, 373.021.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.206 - Artesian wells; flow regulated.

373.206 Artesian wells; flow regulated.—Every person, stock company, association, corporation, county, or municipality owning or controlling the real estate upon which is located a flowing artesian well in this state shall provide each such well with a valve capable of controlling the discharge from the well and shall keep the valve so adjusted that only a supply of water is available which is necessary for ordinary use by the owner, tenant, occupant, or person in control of the land for personal use and for conducting his or her business. Upon the determination by the Department of Environmental Protection or the appropriate water management district that the water in an artesian well is of such poor quality as to have an adverse impact upon an aquifer or other water body which serves as a source of public drinking water or which is likely to be such a source in the future, such well shall be plugged in accordance with department or appropriate water management district specifications for well plugging.
History.—s. 1, ch. 28253, 1953; s. 1, ch. 65-460; ss. 25, 35, ch. 69-106; s. 25, ch. 73-190; s. 45, ch. 79-65; s. 7, ch. 83-310; s. 262, ch. 94-356; s. 1009, ch. 95-148; s. 49, ch. 2019-3.
Note.—Former ss. 370.052, 373.031.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.207 - Abandoned artesian wells.

373.207 Abandoned artesian wells.—Each water management district shall develop a work plan which identifies the location of all known abandoned artesian wells within its jurisdictional boundaries and defines the actions which the district must take in order to ensure that each such well is plugged on or before January 1, 1992. The work plan shall include the following:
(1) An initial inventory which accounts for all known abandoned artesian wells in the district.
(2) The location and owner of each known abandoned well.
(3) The methodology proposed by the district to accomplish the plugging of all known abandoned wells within the district on or before January 1, 1992.
(4) Data relating to costs to be incurred for the plugging of all wells, including the per-well cost and personnel costs.
(5) A schedule of priority for the plugging of wells, which schedule is established to mitigate damage to the groundwater resource due to water quality degradation.
History.—s. 8, ch. 83-310; s. 263, ch. 94-356; s. 10, ch. 2005-36.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.209 - Artesian wells; penalties for violation.

373.209 Artesian wells; penalties for violation.—
(1) No owner, tenant, occupant, or person in control of an artesian well shall knowingly and intentionally:
(a) Allow the well to flow continuously without a valve or mechanical device for checking or controlling the flow.
(b) Permit the water to flow unnecessarily.
(c) Pump a well unnecessarily.
(d) Permit the water from the well to go to waste.
(2) A well is exempt from the provisions of this section unless the Department of Environmental Protection can show that the uncontrolled flow of water from the well does not have a reasonable-beneficial use, as defined in s. 373.019.
(3) Any person who violates this section is subject to either:
(a) The remedial measures provided for in s. 373.436; or
(b) A civil penalty of $150 a day for each and every day of such violation and for each and every act of violation. The civil penalty may be recovered by the water management board of the water management district in which the well is located or by the department in a suit in a court of competent jurisdiction in the county where the defendant resides, in the county of residence of any defendant if there is more than one defendant, or in the county where the violation took place. The place of suit shall be selected by the board or department, and the suit, by direction of the board or department, shall be instituted and conducted in the name of the board or department by appropriate counsel. The payment of any such damages does not impair or abridge any cause of action which any person may have against the person violating this section.
(4) The penalties provided by this section shall apply notwithstanding any provisions of law to the contrary.
History.—s. 2, ch. 28253, 1953; s. 323, ch. 71-136; s. 25, ch. 73-190; s. 1, ch. 74-279; s. 46, ch. 79-65; s. 146, ch. 79-400; s. 264, ch. 94-356; s. 93, ch. 95-143; s. 8, ch. 98-88; s. 8, ch. 2020-158.
Note.—Former ss. 370.053, 373.041.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.213 - Certain artesian wells exempt.

373.213 Certain artesian wells exempt.—Nothing in ss. 373.203, 373.206, 373.209, or this section shall be construed to apply to an artesian well feeding a lake already in existence prior to June 15, 1953, which lake is used or intended to be used for public bathing and/or the propagation of fish, where the continuous flow of water is necessary to maintain its purity for bathing and the water level of said lake for fish.
History.—s. 6, ch. 28253, 1953; s. 25, ch. 73-190; s. 167, ch. 99-13.
Note.—Former ss. 370.055, 373.061.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.216 - Implementation of program for regulating the consumptive use of water.

373.216 Implementation of program for regulating the consumptive use of water.—The governing board of each water management district shall, no later than October 31, 1983, implement a program for the issuance of permits authorizing the consumptive use of particular quantities of water covering those areas deemed appropriate by the governing board. Appropriate monitoring efforts shall be a part of any such program implemented. Notice of any required hearing on the proposed implementation of these regulations shall be published at least once a week for 2 weeks in a newspaper of general circulation in the area to be affected by such regulations, the last notice appearing no less than 10 days prior to the date of the public hearing, in addition to any notice required by chapter 120.
History.—s. 1, part II, ch. 72-299; s. 8, ch. 73-190; s. 14, ch. 78-95; s. 8, ch. 82-101.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.217 - Superseded laws and regulations.

373.217 Superseded laws and regulations.—
(1) It is the intent of the Legislature to provide a means whereby reasonable programs for the issuance of permits authorizing the consumptive use of particular quantities of water may be authorized by the Department of Environmental Protection, subject to judicial review and also subject to review by the Governor and Cabinet, sitting as the Land and Water Adjudicatory Commission as provided in s. 373.114.
(2) It is the further intent of the Legislature that Part II of the Florida Water Resources Act of 1972, as amended, as set forth in ss. 373.203-373.249, shall provide the exclusive authority for requiring permits for the consumptive use of water and for authorizing transportation thereof pursuant to s. 373.223(2).
(3) If any provision of Part II of the Florida Water Resources Act of 1972, as amended, as set forth in ss. 373.203-373.249, is in conflict with any other provision, limitation, or restriction which is now in effect under any law or ordinance of this state or any political subdivision or municipality, or any rule or regulation promulgated thereunder, Part II shall govern and control, and such other law or ordinance or rule or regulation promulgated thereunder shall be deemed superseded for the purpose of regulating the consumptive use of water. However, this section shall not be construed to supersede the provisions of the Florida Electrical Power Plant Siting Act.
(4) Other than as provided in subsection (3) of this section, Part II of the Florida Water Resources Act of 1972, as amended, preempts the regulation of the consumptive use of water as defined in this act.
History.—s. 9, ch. 76-243; s. 1, ch. 77-174; s. 265, ch. 94-356.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.219 - Permits required.

373.219 Permits required.—
(1) The governing board or the department may require such permits for consumptive use of water and may impose such reasonable conditions as are necessary to assure that such use is consistent with the overall objectives of the district or department and is not harmful to the water resources of the area. However, no permit shall be required for domestic consumption of water by individual users.
(2) In the event that any person shall file a complaint with the governing board or the department that any other person is making a diversion, withdrawal, impoundment, or consumptive use of water not expressly exempted under the provisions of this chapter and without a permit to do so, the governing board or the department shall cause an investigation to be made, and if the facts stated in the complaint are verified the governing board or the department shall order the discontinuance of the use.
(3) For Outstanding Florida Springs, the department shall adopt uniform rules for issuing permits which prevent groundwater withdrawals that are harmful to the water resources and adopt by rule a uniform definition of the term “harmful to the water resources” to provide water management districts with minimum standards necessary to be consistent with the overall water policy of the state. This subsection does not prohibit a water management district from adopting a definition that is more protective of the water resources consistent with local or regional conditions and objectives.
History.—s. 2, part II, ch. 72-299; s. 9, ch. 73-190; s. 9, ch. 2016-1.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.2234 - Preferred water supply sources.

373.2234 Preferred water supply sources.—
(1) The governing board of a water management district is authorized to adopt rules that identify preferred water supply sources for consumptive uses for which there is sufficient data to establish that a preferred source will provide a substantial new water supply to meet the existing and projected reasonable-beneficial uses of a water supply planning region identified pursuant to s. 373.709(1), while sustaining existing water resources and natural systems. At a minimum, such rules must contain a description of the preferred water supply source and an assessment of the water the preferred source is projected to produce.
(2)(a) If an applicant proposes to use a preferred water supply source, that applicant’s proposed water use is subject to s. 373.223(1), except that the proposed use of a preferred water supply source must be considered by a water management district when determining whether a permit applicant’s proposed use of water is consistent with the public interest pursuant to s. 373.223(1)(c).
(b) The governing board of a water management district shall consider the identification of preferred water supply sources for water users for whom access to or development of new water supplies is not technically or financially feasible. Identification of preferred water supply sources for such water users must be consistent with s. 373.016.
(c) A consumptive use permit issued for the use of a preferred water supply source must be granted, when requested by the applicant, for at least a 20-year period and may be subject to the compliance reporting provisions of s. 373.236(4).
(3)(a) This section does not:
1. Exempt the use of preferred water supply sources from ss. 373.016(4) and 373.223(2) and (3);
2. Provide that permits issued for the use of a nonpreferred water supply source must be issued for a duration of less than 20 years or that the use of a nonpreferred water supply source is not consistent with the public interest; or
3. Require the use of a preferred water supply source or to restrict or prohibit the use of a nonpreferred water supply source.
(b) Rules adopted by the governing board of a water management district to implement this section shall specify that the use of a preferred water supply source is not required and that the use of a nonpreferred water supply source is not restricted or prohibited.
History.—s. 4, ch. 2004-381; s. 6, ch. 2006-255; s. 16, ch. 2010-205; s. 11, ch. 2016-1.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.2235 - Effect of prior land acquisition on consumptive use permitting.

373.2235 Effect of prior land acquisition on consumptive use permitting.—The fact that any applicant has acquired, by the exercise of eminent domain or otherwise, any land for the specific purpose of serving as a site for a wellfield or right-of-way prior to obtaining a consumptive use permit from a water management district does not create any presumption of entitlement to a consumptive use permit. Evidence relating to such prior acquisition of land or right-of-way by any applicant is not admissible in any proceeding related to consumptive use permitting and has no bearing upon any water management district’s determination of reasonable beneficial use in the permitting process. In the event that any applicant elects to acquire land prior to obtaining a consumptive use permit from a water management district, such action shall be considered a voluntary risk assumed by the applicant, and the fact of such prior acquisition shall not be admissible in any administrative or judicial proceeding relating to consumptive use permitting under this chapter, including any appeal taken from a water management district decision.
History.—s. 85, ch. 83-310.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.224 - Existing permits.

373.224 Existing permits.—Any permits or permit agreements for consumptive use of water executed or issued by an existing flood control, water management, or water regulatory district pursuant to this chapter or chapter 378 prior to December 31, 1976, shall remain in full force and effect in accordance with their terms until otherwise modified or revoked as authorized herein.
History.—s. 11, ch. 73-190; s. 3, ch. 75-125.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.226 - Existing uses.

373.226 Existing uses.—
(1) All existing uses of water, unless otherwise exempted from regulation by the provisions of this chapter, may be continued after adoption of this permit system only with a permit issued as provided herein.
(2) The governing board or the department shall issue an initial permit for the continuation of all uses in existence before the effective date of implementation of this part if the existing use is a reasonable-beneficial use as defined in s. 373.019 and is allowable under the common law of this state.
(3) Application for permit under the provisions of subsection (2) must be made within a period of 2 years from the effective date of implementation of these regulations in an area. Failure to apply within this period shall create a conclusive presumption of abandonment of the use, and the user, if he or she desires to revive the use, must apply for a permit under the provisions of s. 373.229.
History.—s. 4, part II, ch. 72-299; s. 12, ch. 73-190; s. 598, ch. 95-148; s. 9, ch. 98-88.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.228 - Landscape irrigation design.

373.228 Landscape irrigation design.—
(1) The Legislature finds that multiple areas throughout the state have been identified by water management districts as water resource caution areas, which indicates that in the near future water demand in those areas will exceed the current available water supply and that conservation is one of the mechanisms by which future water demand will be met.
(2) The Legislature finds that landscape irrigation comprises a significant portion of water use and that current typical landscape irrigation systems and Florida-friendly landscaping designs offer significant potential water conservation benefits.
(3) It is the intent of the Legislature to improve landscape irrigation water use efficiency by ensuring that landscape irrigation systems meet or exceed minimum design criteria.
(4) The water management districts shall work with the Florida Nursery, Growers and Landscape Association, the Florida Native Plant Society, the Florida Chapter of the American Society of Landscape Architects, the Florida Irrigation Society, the Department of Agriculture and Consumer Services, the Institute of Food and Agricultural Sciences, the Department of Environmental Protection, the Department of Transportation, the Florida League of Cities, the Florida Association of Counties, and the Florida Association of Community Developers to develop landscape irrigation and Florida-friendly landscaping design standards for new construction which incorporate a landscape irrigation system and develop scientifically based model guidelines for urban, commercial, and residential landscape irrigation, including drip irrigation, for plants, trees, sod, and other landscaping. The standards shall be based on the irrigation code defined in the Florida Building Code, Plumbing Volume, Appendix F. Local governments shall use the standards and guidelines when developing landscape irrigation and Florida-friendly landscaping ordinances. By January 1, 2011, the agencies and entities specified in this subsection shall review the standards and guidelines to determine whether new research findings require a change or modification of the standards and guidelines.
(5) In evaluating water use applications from public water suppliers, water management districts shall consider whether the applicable local government has adopted ordinances for landscaping and irrigation systems consistent with the Florida-friendly landscaping provisions of s. 373.185.
History.—s. 6, ch. 2004-381; s. 13, ch. 2008-150; s. 19, ch. 2009-243.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.229 - Application for permit.

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;
(c) The date set for a hearing, if any;
(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.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.22951 - Validation of prior agreements between water management districts.

373.22951 Validation of prior agreements between water management districts.—Any agreements between water management districts entered into before the effective date of this act pursuant to s. 373.046 authorizing the issuance of permits for the interdistrict withdrawal and use of water within a county are validated and shall continue in effect until otherwise rescinded.
History.—s. 2, ch. 2003-64; s. 3, ch. 2003-265.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.232 - Citation of rule.

373.232 Citation of rule.—In addition to any other provisions within this part or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application pursuant to this part or such rules promulgated hereunder, cite a specific rule. If a request for information cannot be accompanied by a rule citation, failure to provide such information cannot be grounds to deny a permit.
History.—s. 4, ch. 79-161.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.233 - Competing applications.

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.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.239 - Modification and renewal of permit terms.

373.239 Modification and renewal of permit terms.—
(1) A permittee may seek modification of any terms of an unexpired permit.
(2) If the proposed modification involves water use of 100,000 gallons or more per day, the application shall be treated under the provisions of s. 373.229 in the same manner as the initial permit application. Otherwise, the governing board or the department may at its discretion approve the proposed modification without a hearing, provided the permittee establishes that:
(a) A change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee’s need, or
(b) The proposed modification would result in a more efficient utilization of water than is possible under the existing permit.
(3) All permit renewal applications shall be treated under this part in the same manner as the initial permit application.
History.—s. 8, part II, ch. 72-299; s. 14, ch. 73-190.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.243 - Revocation of permits.

373.243 Revocation of permits.—The governing board or the department may revoke a permit as follows:
(1) For any material false statement in an application to continue, initiate, or modify a use, or for any material false statement in any report or statement of fact required of the user pursuant to the provisions of this chapter, the governing board or the department may revoke the user’s permit, in whole or in part, permanently.
(2) For willful violation of the conditions of the permit, the governing board or the department may permanently or temporarily revoke the permit, in whole or in part.
(3) For violation of any provision of this chapter, the governing board or the department may revoke the permit, in whole or in part, for a period not to exceed 1 year.
(4) For nonuse of the water supply allowed by the permit for a period of 2 years or more, the governing board or the department may revoke the permit permanently and in whole unless the user can prove that his or her nonuse was due to extreme hardship caused by factors beyond the user’s control. For a permit issued pursuant to s. 373.236(7), the governing board or the department may revoke the permit only if the nonuse of the water supply allowed by the permit is for a period of 4 years or more.
(5) The governing board or the department may revoke a permit, permanently and in whole, with the written consent of the permittee.
History.—s. 9, part II, ch. 72-299; s. 14, ch. 78-95; s. 600, ch. 95-148; s. 11, ch. 2009-243.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.244 - Temporary permits.

373.244 Temporary permits.—
(1) The governing board of a water management district may issue, or may authorize its executive director to issue, temporary permits for the consumptive use of water while an application is pending for a permit pursuant to ss. 373.219 and 373.229.
(2) Such a temporary permit shall be issued for a period of time to expire on the day following the next regular meeting of the governing board. At such meeting, the governing board shall consider whether it appears that the proposed use meets the criteria set forth in s. 373.223(1) and that such temporary permit is necessary for consumptive use of water prior to final action on an application for a permit pursuant to ss. 373.219 and 373.229.
(3) The governing board may summarily extend the term of a temporary permit for subsequent periods of time to expire on or before the day following the next regular meeting of the governing board.
(4) The board shall review temporary permits at each regular meeting and may terminate a temporary permit or refuse to extend it further upon a finding that the water use does not meet the criteria set forth in s. 373.223(1) or that adverse effects are occurring as a result of water use under the temporary permit or that the water authorized to be used under such permit is no longer required by the permitholder.
(5) The notice and hearing that might otherwise be required pursuant to s. 373.116(2) and chapter 120 shall not be required prior to issuance or extension of a temporary permit pursuant to the provisions of this section.
(6) Issuance of a temporary permit pursuant to the provisions of this section shall not in any way be construed as a commitment to issue a permit pursuant to ss. 373.219 and 373.229. No action taken by the governing board, or by the executive director if so authorized, shall be construed to estop the governing board from subsequently denying an application for a permit pursuant to ss. 373.219 and 373.229.
History.—s. 1, ch. 79-160.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 373 - Water Resources › Part II - Permitting of Consumptive Uses of Water (Ss. 373.203-373.250) › 373.249 - Existing regulatory districts preserved.

373.249 Existing regulatory districts preserved.—The enactment of this chapter shall not affect any existing water regulatory districts pursuant to chapter 373, or orders issued by said regulatory districts, unless specifically revoked, modified, or amended by such regulatory district or by the department.
History.—s. 11, part II, ch. 72-299.