Florida Statutes

Fla. Stat. § 373.016 (2025)

Declaration of policy.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 23 cases, 1976–2018 · leading case: United States Ex Rel. Lesinski v. South Florida Water Mgmt. Dist., 739 F.3d 598 (11th Cir. 2014).

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United States Ex Rel. Lesinski v. South Florida Water Mgmt. Dist., 739 F.3d 598 (11th Cir. 2014). · cites it 3× “1982) (citing Fla. Stat. § 373.016 )., *603 Structurally, the districts are designed to perform a state function — water management and protection — with regional flexibility and discretion.”

Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001). · cites it 8× “The ALJ noted that the determination of cumulative impact "unavoidably involves site-specific considerations which render it impractical to adopt rule criteria that can be applied with `cookie cutter' certainty.”

Vill. of Tequesta v. Jupiter Inlet Corp., 371 So. 2d 663 (Fla. 1979). · cites it 3× “The Department *671 of Environmental Regulation and the various water management districts are given the responsibility to accomplish the conservation, protection, management, and control of the waters of the state. § 373.016(3) Fla. Stat. (1973). In order to exercise such…”

Pinellas Cnty. v. Lake Padgett Pines, 333 So. 2d 472 (Fla. 2d DCA 1976). · cites it 4× “72-299 ( Fla. Stat. § 373.016 ) the legislature declared as policy: (1) The waters in the state are among its basic resources.”

River Users v. Env't Prot., 948 So. 2d 794 (Fla. 1st DCA 2006). · cites it 2× “" § 373.016(3)(i), Fla. Stat. (2005). Section 373.”

A. Duda & Sons, Inc. v. St. Johns River Water Mgmt. Dist., 17 So. 3d 738 (Fla. 5th DCA 2009). · cites it 5× “§ 373.016(3), Fla. Stat. (2007). 3 To help implement the policy, *741 water management districts are authorized to require permits and “impose such reasonable conditions as are necessary to assure that the construction or alteration of any stormwater management system, dam,…”

Osceola Cty. v. St. Johns River Water Mgt. Dist., 486 So. 2d 616 (Fla. 5th DCA 1986). · cites it 7× “See § 373.016, Fla. Stat. (1985). [3] The authority over water management activities was initially vested in the Department *618 of Natural Resources (D.”

City of St. Petersburg v. Sw. Fla. Water Mgmt. Dist., 355 So. 2d 796 (Fla. 2d DCA 1977). · cites it 8× “See Section 373.016, Florida Statutes. Second, St.”

ST. JOHNS RIVER v. Consol.-Tomoka, 717 So. 2d 72 (Fla. 1st DCA 1998). · cites it 2× “This Chapter begins with a statement that the "waters in the state are among its basic resources", see section 373.016(1), Florida Statutes, and then continues for more than one hundred pages to lay out the legislative plan to protect state waters.”

Davey Compressor Co. v. City of Delray Beach, 613 So. 2d 60 (Fla. 4th DCA 1993). · cites it 3× “The Department of Environmental Regulation and the various water management districts are given the responsibility to accomplish the conservation, protection, management, and control of the waters in the state.”

Quevedo v. South Florida Water Mgmt. Dist., 762 So. 2d 982 (Fla. 4th DCA 2000). · cites it 4× “of “the promotion of recreational development” was “inconsistent with the legislative declaration of policy” in section 373.016, Florida Statutes (1999); the fence’s interference with the “actual and potential use” of the public land was inconsistent with Rule 40E-6.”

Deseret Ranches of Florida, Inc. v. St. Johns River Water Mgmt. Dist., 406 So. 2d 1132 (Fla. 5th DCA 1981). · cites it 3× “Under section 373.016, the Department has the power and responsibility of managing the waters of this state and may delegate "appropriate powers" to the various water management districts.”

Show all 23 citing cases →

— 373.016(1) — 3 cases

ST. JOHNS RIVER v. Consol.-Tomoka, 717 So. 2d 72 (Fla. 1st DCA 1998). “This Chapter begins with a statement that the "waters in the state are among its basic resources", see section 373.016(1), Florida Statutes, and then continues for more than one hundred pages to lay out the legislative plan to protect state waters.”

City of St. Petersburg v. Sw. Fla. Water Mgmt. Dist., 355 So. 2d 796 (Fla. 2d DCA 1977). “See Section 373.016, Florida Statutes. Second, St.”

City of West Palm Beach v. South Florida Water Mgmt. Dist., 253 So. 3d 623 (Fla. 4th DCA 2018).

— 373.016(2) — 3 cases

Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001). “The ALJ noted that the determination of cumulative impact "unavoidably involves site-specific considerations which render it impractical to adopt rule criteria that can be applied with `cookie cutter' certainty.”

Gilbertson v. Lennar Homes, Inc., 629 So. 2d 1029 (Fla. 4th DCA 1993).

City of St. Petersburg v. Sw. Fla. Water Mgmt. Dist., 355 So. 2d 796 (Fla. 2d DCA 1977). “See Section 373.016, Florida Statutes. Second, St.”

— 373.016(3) — 10 cases

Vill. of Tequesta v. Jupiter Inlet Corp., 371 So. 2d 663 (Fla. 1979). “The Department *671 of Environmental Regulation and the various water management districts are given the responsibility to accomplish the conservation, protection, management, and control of the waters of the state. § 373.016(3) Fla. Stat. (1973). In order to exercise such…”

A. Duda & Sons, Inc. v. St. Johns River Water Mgmt. Dist., 17 So. 3d 738 (Fla. 5th DCA 2009). “§ 373.016(3), Fla. Stat. (2007). 3 To help implement the policy, *741 water management districts are authorized to require permits and “impose such reasonable conditions as are necessary to assure that the construction or alteration of any stormwater management system, dam,…”

Osceola Cty. v. St. Johns River Water Mgt. Dist., 486 So. 2d 616 (Fla. 5th DCA 1986). “See § 373.016, Fla. Stat. (1985). [3] The authority over water management activities was initially vested in the Department *618 of Natural Resources (D.”

Davey Compressor Co. v. City of Delray Beach, 613 So. 2d 60 (Fla. 4th DCA 1993). “The Department of Environmental Regulation and the various water management districts are given the responsibility to accomplish the conservation, protection, management, and control of the waters in the state.”

— 373.016(3)(b) — 1 case

City of West Palm Beach v. South Florida Water Mgmt. Dist., 253 So. 3d 623 (Fla. 4th DCA 2018).

— 373.016(3)(e) — 1 case

— 373.016(3)(i) — 2 cases

River Users v. Env't Prot., 948 So. 2d 794 (Fla. 1st DCA 2006). “" § 373.016(3)(i), Fla. Stat. (2005). Section 373.”

Quevedo v. South Florida Water Mgmt. Dist., 762 So. 2d 982 (Fla. 4th DCA 2000). “of “the promotion of recreational development” was “inconsistent with the legislative declaration of policy” in section 373.016, Florida Statutes (1999); the fence’s interference with the “actual and potential use” of the public land was inconsistent with Rule 40E-6.”

— 373.016(5) — 2 cases

City of West Palm Beach v. South Florida Water Mgmt. Dist., 253 So. 3d 623 (Fla. 4th DCA 2018).

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