Florida Statute 298.22 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXI
DRAINAGE

Chapter 298
DRAINAGE AND WATER CONTROL

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F.S. 298.22

298.22 Powers of supervisors.—The board of supervisors of the district has full power and authority to construct, complete, operate, maintain, repair, and replace any and all works and improvements necessary to execute the water control plan. Subject to the applicable provisions of chapter 373 or chapter 403, the board of supervisors:

(1) May employ persons and purchase machinery to directly supervise, construct, maintain, and operate the works and improvements described in the water control plan, or may contract with others for the supervision, construction, maintenance, and operation of such works and improvements either as a whole or in part. Contracts for the construction of district facilities must be awarded under s. 255.20 and applicable general law.

(2) May clean out, straighten, open up, widen, or change the course and flow, alter or deepen any canal, ditch, drain, river, watercourse, or natural stream; and concentrate, divert, or divide the flow of water in or out of said district; construct and maintain main and lateral ditches, canals, levees, dikes, dams, sluices, revetments, reservoirs, holding basins, floodways, pumping stations, and siphons, and may connect same, or any of them, with any canals, drains, ditches, levees, or other works that may have been heretofore, or which may be hereafter constructed by the Department of Environmental Protection or jurisdictional water management district, and with any natural stream, lake, or watercourse in or adjacent to said district.

(3) May build and construct any other works and improvements deemed necessary to preserve and maintain the works in or out of said district; acquire, construct, operate, maintain, use, purchase, sell, lease, convey, or transfer real or personal property, including pumping stations, pumping machinery, motive equipment, electric lines and all appurtenant or auxiliary machines, devices, or equipment.

(4) May contract for the purchase, construction, operation, maintenance, use, sale, conveyance and transfer of the said pumping stations, machinery, motive equipment, electric lines and appurtenant equipment, including the purchase of electric power and energy for the operation of the same.

(5) May construct or enlarge, or cause to be constructed or enlarged, any and all bridges that may be needed in or out of said district, across any drain, ditch, canal, floodway, holding basin, excavation, public highway, railroad right-of-way, track, grade, fill or cut; construct roadways over levees and embankments; construct any and all of said works and improvements across, through or over any public highway, railroad right-of-way, track, grade, fill or cut, in or out of said district; remove any fence, building or other improvements, in or out of said district.

(6) Shall have the right to hold, control and acquire by donation or purchase and if need be, condemn any land, easement, railroad right-of-way, sluice, reservoir, holding basin or franchise, in or out of said district, for right-of-way, holding basin for any of the purposes herein provided, or for material to be used in constructing and maintaining said works and improvements for implementation of the district water control plan.

(7) May condemn or acquire, by purchase or grant, for the use of the district, any land or property within or without said district not acquired or condemned by the court as identified in the engineer’s report, and shall follow the procedure set out in chapter 73. Such powers to condemn or acquire any land or property within or without the district shall also be available for implementing requirements imposed on those districts subject to s. 373.4592.

(8) May adopt resolutions and policies to implement the purposes of this chapter.

(9) May assess and collect reasonable fees for the connection to and use of the works of the district.

(10) May implement and authorize the comprehensive water control activities, including flood protection, water quantity management, and water quality protection and improvement, described in the water control plan.

(11) May construct and operate facilities for the purpose of controlling and preventing the spread or introduction of agricultural pests and diseases.

(12) May construct, manage, or authorize construction and management of resource-based recreational facilities that may include greenways, trails, and associated facilities.

History.—s. 26, ch. 6458, 1913; s. 1, ch. 7897, 1919; RGS 1123; CGL 1476; s. 1, ch. 14714, 1931; ss. 25, 27, 35, ch. 69-106; s. 11, ch. 72-291; s. 1, ch. 85-154; s. 9, ch. 94-115; s. 124, ch. 94-356; s. 6, ch. 97-40; s. 5, ch. 98-329; s. 7, ch. 2000-308; s. 9, ch. 2001-275; s. 1, ch. 2005-238.

F.S. 298.22 on Google Scholar

F.S. 298.22 on Casetext

Amendments to 298.22

Arrestable Offenses / Crimes under Fla. Stat. 298.22

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 298.22.

Annotations, Discussions, Cases:

Cases Citing Statute 298.22

Total Results: 12

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-02-25

Snippet: of district funds for arthropod control. Section 298.22, Florida Statutes, in setting forth the powers

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Court: Florida Attorney General Reports | Date Filed: 2009-04-14

Snippet: authority granted by the 2005 legislation.3 Section 298.22(3), Florida Statutes, was amended in 2005 to authorize

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Court: Florida Attorney General Reports | Date Filed: 2006-10-17

Snippet: district. During the 2005 legislative session, section 298.22(3), Florida Statutes, was amended to expand the

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Court: Florida Attorney General Reports | Date Filed: 2004-09-14

Snippet: addition, a water control district is authorized by s.298.22(3) and (4), Florida Statutes, to sell certain fixtures

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Court: Florida Attorney General Reports | Date Filed: 2003-11-03

Snippet: 298, Florida Statutes. The Legislature in section 298.22, Florida Statutes, has set forth the powers that

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Court: Florida Attorney General Reports | Date Filed: 2003-01-03

Snippet: domain for certain, specified purposes; and s. 298.22(6) and (7), Fla. Stat., empowering boards of supervisors

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Court: Florida Attorney General Reports | Date Filed: 1985-05-29

Snippet: current provisions of Ch. 298. The Legislature in s 298.22, F.S., has set forth the powers which the board

Roach v. Loxahatchee Groves Water Control District

Court: District Court of Appeal of Florida | Date Filed: 1982-08-04

Citation: 417 So. 2d 814, 1982 Fla. App. LEXIS 21194

Snippet: (Fla.1978). The District also relies on Section 298.-22(5), Florida Statutes (1981), which gives the District

Pal-Mar Water Management District v. Board of County Commissioners

Court: District Court of Appeal of Florida | Date Filed: 1980-05-28

Citation: 384 So. 2d 232, 1980 Fla. App. LEXIS 16263

Snippet: plan) to acquire such land. See, e. g. Sections 298.22, 298.24, 298.28 and 298.62, Florida Statutes. As

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Court: Florida Attorney General Reports | Date Filed: 1976-04-19

Snippet: of drainage and water management districts in s. 298.22, F. S., which provides in pertinent part: In order

South County Drainage District v. Brevard County

Court: District Court of Appeal of Florida | Date Filed: 1973-05-03

Citation: 277 So. 2d 31, 1973 Fla. App. LEXIS 6686

Snippet: District, (Fla.1973) 274 So.2d 522. . F.S. § 298.22, F.S.A. . In Re West Water Management District

State Ex Rel. Bouchelle v. Mathas

Court: Supreme Court of Florida | Date Filed: 1946-06-21

Citation: 26 So. 2d 652, 157 Fla. 622, 1946 Fla. LEXIS 814

Snippet: the case of Caughlin v. Broward County, 156 Fla. 298, 22 So.2d 814, and Leon County v. Crawford, 153 Fla