Florida Statute 373.016 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.016

373.016 Declaration of policy.—

(1) The waters in the state are among its basic resources. Such waters have not heretofore been conserved or fully controlled so as to realize their full beneficial use.

(2) The department and the governing board shall take into account cumulative impacts on water resources and manage those resources in a manner to ensure their sustainability.

(3) It is further declared to be the policy of the Legislature:

(a) To provide for the management of water and related land resources;

(b) To promote the conservation, replenishment, recapture, enhancement, development, and proper utilization of surface and groundwater;

(c) To develop and regulate dams, impoundments, reservoirs, and other works and to provide water storage for beneficial purposes;

(d) To promote the availability of sufficient water for all existing and future reasonable-beneficial uses and natural systems;

(e) To prevent damage from floods, soil erosion, and excessive drainage;

(f) To minimize degradation of water resources caused by the discharge of stormwater;

(g) To preserve natural resources, fish, and wildlife;

(h) To promote the public policy set forth in s. 403.021;

(i) To promote recreational development, protect public lands, and assist in maintaining the navigability of rivers and harbors; and

(j) Otherwise to promote the health, safety, and general welfare of the people of this state.

In implementing this chapter, the department and the governing board shall construe and apply the policies in this subsection as a whole, and no specific policy is to be construed or applied in isolation from the other policies in this subsection.

(4)(a) Because water constitutes a public resource benefiting the entire state, it is the policy of the Legislature that the waters in the state be managed on a state and regional basis. Consistent with this directive, the Legislature recognizes the need to allocate water throughout the state so as to meet all reasonable-beneficial uses. However, the Legislature acknowledges that such allocations have in the past adversely affected the water resources of certain areas in this state. To protect such water resources and to meet the current and future needs of those areas with abundant water, the Legislature directs the department and the water management districts to encourage the use of water from sources nearest the area of use or application whenever practicable. Such sources shall include all naturally occurring water sources and all alternative water sources, including, but not limited to, desalination, conservation, reuse of nonpotable reclaimed water and stormwater, and aquifer storage and recovery. Reuse of potable reclaimed water and stormwater shall not be subject to the evaluation described in s. 373.223(3)(a)-(g). However, this directive to encourage the use of water, whenever practicable, from sources nearest the area of use or application shall not apply to the transport and direct and indirect use of water within the area encompassed by the Central and Southern Florida Flood Control Project, nor shall it apply anywhere in the state to the transport and use of water supplied exclusively for bottled water as defined in s. 500.03(1)(d), nor shall it apply to the transport and use of reclaimed water for electrical power production by an electric utility as defined in s. 366.02(4).

(b) In establishing the policy outlined in paragraph (a), the Legislature realizes that under certain circumstances the need to transport water from distant sources may be necessary for environmental, technical, or economic reasons.

(5) The Legislature recognizes that the water resource problems of the state vary from region to region, both in magnitude and complexity. It is therefore the intent of the Legislature to vest in the Department of Environmental Protection or its successor agency the power and responsibility to accomplish the conservation, protection, management, and control of the waters of the state and with sufficient flexibility and discretion to accomplish these ends through delegation of appropriate powers to the various water management districts. The department may exercise any power herein authorized to be exercised by a water management district; however, to the greatest extent practicable, such power should be delegated to the governing board of a water management district.

(6) It is further declared the policy of the Legislature that each water management district, to the extent consistent with effective management practices, shall approximate its fiscal and budget policies and procedures to those of the state.

History.—s. 2, part I, ch. 72-299; s. 36, ch. 79-65; s. 70, ch. 83-310; s. 5, ch. 89-279; s. 20, ch. 93-213; s. 250, ch. 94-356; s. 1, ch. 97-160; s. 1, ch. 98-88; s. 31, ch. 2022-4; s. 36, ch. 2023-154.

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Amendments to 373.016

Arrestable Offenses / Crimes under Fla. Stat. 373.016

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.016.

Annotations, Discussions, Cases:

Cases Citing Statute 373.016

Total Results: 20

BLUEFIELD RANCH MITIGATION, ETC. v. SO. FLA. WATER MANAGEMENT DISTRICT and FLA. DEPT. OF TRANSPORTATION

Court: District Court of Appeal of Florida | Date Filed: 2018-10-31

Citation: 263 So. 3d 125

Snippet: within its geographic boundaries. See §§ 373.016, .036, Fla. Stat. (2016). Bluefield is a privately-owned

CITY OF WEST PALM BEACH v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

Court: District Court of Appeal of Florida | Date Filed: 2018-08-08

Citation: 253 So. 3d 623

Snippet: because it is among our most basic resources. § 373.016(1), Fla. Stat. (2016). The Legislature has declared

A. Duda & Sons, Inc. v. St. Johns River Water Management District

Court: District Court of Appeal of Florida | Date Filed: 2009-07-17

Citation: 17 So. 3d 738, 2009 Fla. App. LEXIS 9759, 2009 WL 2067373

Snippet: management of water and related land resources. § 373.016(3), Fla. Stat. (2007).[3] To help implement the

River Users v. Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 2006-11-22

Citation: 948 So. 2d 794, 2006 WL 3371566

Snippet: maintaining the navigability of rivers and harbors." § 373.016(3)(i), Fla. Stat. (2005). Section 373.414(1)(a)

Southwest Florida Water Management Dist. v. Charlotte Cty.

Court: District Court of Appeal of Florida | Date Filed: 2001-01-05

Citation: 774 So. 2d 903, 2001 WL 10391

Snippet: Rights, 53 U. Miami L.Rev. 363 (Jan.1999). Section 373.016(3), Florida Statutes (1995),[6] vests power and

Quevedo v. South Florida Water Management District

Court: District Court of Appeal of Florida | Date Filed: 2000-06-07

Citation: 762 So. 2d 982, 2000 Fla. App. LEXIS 6853, 2000 WL 726480

Snippet: policies” set forth in Chapter 373. In section. 373.016(3)(i), Florida Statutes (1999), the legislature

ST. JOHNS RIVER v. Consolidated-Tomoka

Court: District Court of Appeal of Florida | Date Filed: 1998-07-29

Citation: 717 So. 2d 72

Snippet: state are among its basic resources", see section 373.016(1), Florida Statutes, and then continues for more

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-04-10

Snippet: the department in this area, stating in section 373.016, Florida Statutes, that the department is vested

Gilbertson v. Lennar Homes, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-12-29

Citation: 629 So. 2d 1029, 1993 WL 538235

Snippet: general welfare of the people of this state. § 373.016(2), Fla. Stat. (1979) (emphasis added). The Act

City of Cocoa v. Holland Properties

Court: District Court of Appeal of Florida | Date Filed: 1993-09-03

Citation: 625 So. 2d 17, 1993 Fla. App. LEXIS 8913, 1993 WL 331924

Snippet: and control of the waters in the state (Section 373.016, Fla. Stat. (1973)) makes all waters in the state

Save the St. Johns River v. WATER MGT. DIST.

Court: District Court of Appeal of Florida | Date Filed: 1993-08-23

Citation: 623 So. 2d 1193, 1993 Fla. App. LEXIS 8650

Snippet: board of a water management district." Section 373.016(3), Fla. Stat. (1991). [3] The Commission ruled

Concerned Citizens v. St. Johns River Water

Court: District Court of Appeal of Florida | Date Filed: 1993-07-23

Citation: 622 So. 2d 520, 1993 WL 274014

Snippet: boards of the water management districts. Section 373.016(3), Fla. Stat. By rule 17-101.040(12)(a)3, the

Nanz v. Southwest Florida Water Management District

Court: District Court of Appeal of Florida | Date Filed: 1993-03-31

Citation: 617 So. 2d 735, 1993 Fla. App. LEXIS 3647, 1993 WL 95587

Snippet: manage and control flood waters since sections 373.016 and 373.023, Florida Statutes (1989), delegate

Davey Compressor Co. v. City of Delray Beach

Court: District Court of Appeal of Florida | Date Filed: 1993-01-06

Citation: 613 So. 2d 60, 1993 Fla. App. LEXIS 3, 1993 WL 890

Snippet: and control of the waters in the state (Section 373.016, Fla. Stat. (1973)) makes all waters in the state

Prugh v. St. Johns River Water Mgmt. Dist.

Court: District Court of Appeal of Florida | Date Filed: 1991-04-04

Citation: 578 So. 2d 1130, 1991 WL 44909

Snippet: State of Florida. Art. II, § 7, Fla. Const.; § 373.016(3), Fla. Stat. (1989). As the water district's

Tremblay v. South Florida Water Management District

Court: District Court of Appeal of Florida | Date Filed: 1990-03-20

Citation: 560 So. 2d 1219, 1990 Fla. App. LEXIS 1784, 1990 WL 29493

Snippet: to the public for recreational purposes. See §§ 373.-016(2)(h), 373.139(4), Fla.Stat. (1989). The district

Osceola Cty. v. ST. JOHNS RIVER WATER MANAG.

Court: Supreme Court of Florida | Date Filed: 1987-02-26

Citation: 504 So. 2d 385, 12 Fla. L. Weekly 113, 1987 Fla. LEXIS 1568

Snippet: powers to the five districts. See, e.g., section 373.016(3), Fla. Stat. (1985). The administrative power

Osceola Cty. v. St. Johns River Water Mgt. Dist.

Court: District Court of Appeal of Florida | Date Filed: 1986-03-06

Citation: 486 So. 2d 616, 11 Fla. L. Weekly 595, 1986 Fla. App. LEXIS 6754

Snippet: policy for the management of Florida water. See § 373.016, Fla. Stat. (1985).[3] The authority over water

ST. JOHNS RIVER WATER, ETC. v. Deseret Ranches of Fla., Inc.

Court: Supreme Court of Florida | Date Filed: 1982-09-14

Citation: 421 So. 2d 1067

Snippet: protection, management, and control of state waters. § 373.016. This statutory plan, created by general law (chapter

Deseret Ranches of Florida, Inc. v. St. Johns River Water Management Dist.

Court: District Court of Appeal of Florida | Date Filed: 1981-12-02

Citation: 406 So. 2d 1132, 1981 Fla. App. LEXIS 21783

Snippet: extensive working relationship. Under section 373.016, the Department has the power and responsibility