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.

F.S. 373.016 on Google Scholar

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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: Fla. Dist. Ct. App. | Date Filed: 2018-10-31T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2018-08-08T00:53:00-07:00

Snippet: because it is among our most basic resources. § 373.016(1), Fla. Stat. (2016). The Legislature has declared…preserve natural resources, fish, and wildlife.” § 373.016(3)(b), (3)(f), (3)(g). The Legislature delegated…permit that will impact Florida waters. See §§ 373.016(5), .4131(1), .414, Fla. Stat. B. ALJ’s denial

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

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-17T00:00:00-07:00

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…flooding, soil erosion or excessive drainage. § 373.016(3)(e). Clearly, damage from flooding, soil erosion…appeal in the enforcement action. [3] Section 373.016(3), Florida Statutes (2007) provides: (3) It is

River Users v. Environmental Protection

Court: Fla. Dist. Ct. App. | Date Filed: 2006-11-21T23:53:00-08:00

Citation: 948 So. 2d 794

Snippet: 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: Fla. Dist. Ct. App. | Date Filed: 2001-01-04T23:53:00-08:00

Citation: 774 So. 2d 903

Snippet: Rights, 53 U. Miami L.Rev. 363 (Jan.1999). Section 373.016(3), Florida Statutes (1995),[6] vests power and…manner to ensure their sustainability." § 373.016(2), Fla.Stat. (1997); ch. 97-160, § 1, at 3004,…protection regulations. As stated earlier, section 373.016(3), Florida Statutes (1995), vests the DEP with…1972). [6] This statute is renumbered as section 373.016(5), Florida Statutes (1999). [7] The Department

Quevedo v. South Florida Water Management District

Court: Fla. Dist. Ct. App. | Date Filed: 2000-06-07T00:00:00-07:00

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

Snippet: declaration of policy contained in Section 373.016.” Section 373.016(3)(i) specifies the paramount legislative…policies” set forth in Chapter 373. In section. 373.016(3)(i), Florida Statutes (1999), the legislature… legislative declaration of policy” in section 373.016, Florida Statutes (1999); the fence’s interference

ST. JOHNS RIVER v. Consolidated-Tomoka

Court: Fla. Dist. Ct. App. | Date Filed: 1998-07-29T00:00:00-07:00

Citation: 717 So. 2d 72

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1997-04-10T00:53:00-07:00

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

Gilbertson v. Lennar Homes, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-28T23:53:00-08:00

Citation: 629 So. 2d 1029

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: Fla. Dist. Ct. App. | Date Filed: 1993-09-03T00:53:00-07:00

Citation: 625 So. 2d 17

Snippet: and control of the waters in the state (Section 373.016, Fla. Stat. (1973)) makes all waters in the state…management, and control of the waters of the state. § 373.016(3), Fla. Stat. (1973). In order to exercise such

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

Court: Fla. Dist. Ct. App. | Date Filed: 1993-08-23T00:53:00-07:00

Citation: 623 So. 2d 1193

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

Concerned Citizens v. St. Johns River Water

Court: Fla. Dist. Ct. App. | Date Filed: 1993-07-23T00:53:00-07:00

Citation: 622 So. 2d 520

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: Fla. Dist. Ct. App. | Date Filed: 1993-03-31T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1993-01-05T23:53:00-08:00

Citation: 613 So. 2d 60

Snippet: and control of the waters in the state (Section 373.016, Fla. Stat. (1973)) makes all waters in the state…management, and control of the waters in the state. § 373.016(3) Fla. Stat. (1973). In order to exercise such

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

Court: Fla. Dist. Ct. App. | Date Filed: 1991-04-03T23:53:00-08:00

Citation: 578 So. 2d 1130

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

Tremblay v. South Florida Water Management District

Court: Fla. Dist. Ct. App. | Date Filed: 1990-03-20T00:00:00-08:00

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: Fla. | Date Filed: 1987-02-25T23:53:00-08:00

Citation: 504 So. 2d 385

Snippet: powers to the five districts. See, e.g., section 373.016(3), Fla. Stat. (1985). The administrative power…eclaration of policy" contained in section 373.016(3) states that: The Legislature recognizes that

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

Court: Fla. Dist. Ct. App. | Date Filed: 1986-03-05T23:53:00-08:00

Citation: 486 So. 2d 616

Snippet: policy for the management of Florida water. See § 373.016, Fla. Stat. (1985).[3] The authority over water…the regional water management districts. See § 373.016(3), Fla. Stat. (1985). The Water Resources Act …resources at both a state and regional level. See § 373.016(3), Fla. Stat. (1985). The individual water management… management is clearly demonstrated by section 373.016(3), which states: The Legislature recognizes that

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

Court: Fla. | Date Filed: 1982-09-14T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1981-12-01T23:53:00-08:00

Citation: 406 So. 2d 1132

Snippet: extensive working relationship. Under section 373.016, the Department has the power and responsibility…, 373.423, 373.429, Fla. Stat. (1979). Section 373.016 defines the legislative policy regarding the state…tangible personal property." [9] Section 373.016 vests in the Department the power to delegate &