373.019
Definitions.
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373.019 Definitions.—When appearing in this chapter or in any rule, regulation, or order adopted pursuant thereto, the term:
(1) “Alternative water supplies” means salt water; brackish surface and groundwater; surface water captured predominately during wet-weather flows; sources made available through the addition of new storage capacity for surface or groundwater, water that has been reclaimed after one or more public supply, municipal, industrial, commercial, or agricultural uses; the downstream augmentation of water bodies with reclaimed water; stormwater; and any other water supply source that is designated as nontraditional for a water supply planning region in the applicable regional water supply plan.
(2) “Capital costs” means planning, design, engineering, and project construction costs.
(3) “Coastal waters” means waters of the Atlantic Ocean or the Gulf of America within the jurisdiction of the state.
(4) “Department” means the Department of Environmental Protection or its successor agency or agencies.
(5) “District water management plan” means the regional water resource plan developed by a governing board under s. 373.036.
(6) “Domestic use” means the use of water for the individual personal household purposes of drinking, bathing, cooking, or sanitation. All other uses shall not be considered domestic.
(7) “Florida water plan” means the state-level water resource plan developed by the department under s. 373.036.
(8) “Governing board” means the governing board of a water management district.
(9) “Groundwater” means water beneath the surface of the ground, whether or not flowing through known and definite channels.
(10) “Impoundment” means any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth’s surface and having a discernible shoreline.
(11) “Independent scientific peer review” means the review of scientific data, theories, and methodologies by a panel of independent, recognized experts in the fields of hydrology, hydrogeology, limnology, and other scientific disciplines relevant to the matters being reviewed under s. 373.042.
(12) “Multijurisdictional water supply entity” means two or more water utilities or local governments that have organized into a larger entity, or entered into an interlocal agreement or contract, for the purpose of more efficiently pursuing water supply development or alternative water supply development projects listed pursuant to a regional water supply plan.
(13) “Nonregulated use” means any use of water which is exempted from regulation by the provisions of this chapter.
(14) “Other watercourse” means any canal, ditch, or other artificial watercourse in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted.
(15) “Person” means any and all persons, natural or artificial, including any individual, firm, association, organization, partnership, business trust, corporation, company, the United States of America, and the state and all political subdivisions, regions, districts, municipalities, and public agencies thereof. The enumeration herein is not intended to be exclusive or exhaustive.
(16) “Reasonable-beneficial use” means the use of water in such quantity as is necessary for economic and efficient utilization for a purpose and in a manner which is both reasonable and consistent with the public interest.
(17) “Reclaimed water” means water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility. Reclaimed water is not subject to regulation pursuant to s. 373.175 or part II of this chapter until it has been discharged into waters as defined in s. 403.031.
(18) “Reclaimed water distribution system” means a network of pipes, pumping facilities, storage facilities, and appurtenances designed to convey and distribute reclaimed water from one or more domestic wastewater treatment facilities to one or more users of reclaimed water.
(19) “Regional water supply plan” means a detailed water supply plan developed by a governing board under s. 373.709.
(20) “Stream” means any river, creek, slough, or natural watercourse in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted. The fact that some part of the bed or channel has been dredged or improved does not prevent the watercourse from being a stream.
(21) “Surface water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth’s surface.
(22) “Water” or “waters in the state” means any and all water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, as well as all coastal waters within the jurisdiction of the state.
(23) “Water management district” means any flood control, resource management, or water management district operating under the authority of this chapter.
(24) “Water resource development” means the formulation and implementation of regional water resource management strategies, including the collection and evaluation of surface water and groundwater data; structural and nonstructural programs to protect and manage water resources; the development of regional water resource implementation programs; the construction, operation, and maintenance of major public works facilities to provide for flood control, surface and underground water storage, and groundwater recharge augmentation; and related technical assistance to local governments, government-owned and privately owned water utilities, and self-suppliers to the extent assistance to self-suppliers promotes the policies as set forth in s. 373.016.
(25) “Water resource implementation rule” means the rule authorized by s. 373.036, which sets forth goals, objectives, and guidance for the development and review of programs, rules, and plans relating to water resources, based on statutory policies and directives. The waters of the state are among its most basic resources. Such waters should be managed to conserve and protect water resources and to realize the full beneficial use of these resources.
(26) “Water supply development” means the planning, design, construction, operation, and maintenance of public or private facilities for water collection, production, treatment, transmission, or distribution for sale, resale, or end use.
(27) For the sole purpose of serving as the basis for the unified statewide methodology adopted pursuant to s. 373.421(1), as amended, “wetlands” means those areas that are inundated or saturated by surface water or groundwater at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto. Upon legislative ratification of the methodology adopted pursuant to s. 373.421(1), as amended, the limitation contained herein regarding the purpose of this definition shall cease to be effective.
(28) “Works of the district” means those projects and works, including, but not limited to, structures, impoundments, wells, streams, and other watercourses, together with the appurtenant facilities and accompanying lands, which have been officially adopted by the governing board of the district as works of the district.
History.—s. 3, part I, ch. 72-299; s. 37, ch. 79-65; s. 1, ch. 80-259; s. 5, ch. 82-101; s. 6, ch. 89-279; s. 21, ch. 93-213; s. 15, ch. 94-122; s. 251, ch. 94-356; s. 1, ch. 96-339; s. 1, ch. 96-370; s. 2, ch. 97-160; s. 1, ch. 2005-291; s. 10, ch. 2010-205; s. 1, ch. 2012-150; s. 2, ch. 2016-1; s. 21, ch. 2023-169; s. 42, ch. 2025-8.
Notes of Decisions
Cited in 10
cases, 1977–2017 · leading case: Southwest Florida Water Management Dist. v. Charlotte Cty.
Southwest Florida Water Management Dist. v. Charlotte Cty. (2001)
“" In the introduction to chapter 373, in section 373.019, Florida Statutes (1995), entitled "Definitions," the legislature stated that "the following words shall, unless the context clearly indicates otherwise," have the meanings given to them in that section.”
Harloff v. City of Sarasota (1991)
“" § 373.019(4), Fla. Stat. (1989). In this case, it is clear that Mr.”
A. Duda & Sons, Inc. v. St. Johns River Water Management District (2009)
“” § 373.019(19), Fla. Stat. (2007). 7 . In count II, Duda alleged that section 3.”
Highlands-In-The-Woods, L.L.C. v. Polk County (2017)
“” § 373.019(17), Fla. Stat. (2012); ch. 2012-150, § 1, Laws of Fla.”
In Re Motel Investments, Inc. (1994)
“Findings of Fact Debtor owned a parcel of property in Citrus County, Florida, which includes protected wetlands as that term is defined by § 373.019(17) Fla. Stat. Debtor had been issued a permit, pursuant to Fla.”
Miccosukee Tribe of Indians of Florida v. South Florida Water Management District (2010)
“” § 373.019(26), Fla. Stat. (2008). Thus, the District has authority to acquire lands to further the objective of conserving and protecting water and water-related resources.”
City of St. Petersburg v. Southwest Fla. Water Management Dist. (1977)
“Section 373.019(5), Florida Statutes. Application for permits for existing uses would be granted if the request was for a reasonable beneficial use and was in accordance with the common law.”
Marion County v. Greene (2009)
“Section 373.019(16), Florida Statutes (2007), defines reasonable beneficial as: “[t]he use of water in such quantity as is necessary for economic and efficient utilization for a purpose and in a manner which is both reasonable and consistent with the public interest.”
Slusher v. Martin County (2003)
“” § 373.019(8), Fla. Stat. (2002) and section 1.”
Middlebrooks v. St. Johns River Water Management District (1987)
“223(1), Florida Statutes, reads as follows: *251 (1) To obtain a permit pursuant to the provisions of this chapter, the applicant must establish that the proposed use of water: (a) Is a reasonable-beneficial use as defined in § 373.019(4); (b) Will not interfere with any…”
— 373.019(16) — 1 case
Marion County v. Greene (2009)
“Section 373.019(16), Florida Statutes (2007), defines reasonable beneficial as: “[t]he use of water in such quantity as is necessary for economic and efficient utilization for a purpose and in a manner which is both reasonable and consistent with the public interest.”
— 373.019(17) — 2 cases
Highlands-In-The-Woods, L.L.C. v. Polk County (2017)
“” § 373.019(17), Fla. Stat. (2012); ch. 2012-150, § 1, Laws of Fla.”
In Re Motel Investments, Inc. (1994)
“Findings of Fact Debtor owned a parcel of property in Citrus County, Florida, which includes protected wetlands as that term is defined by § 373.019(17) Fla. Stat. Debtor had been issued a permit, pursuant to Fla.”
— 373.019(19) — 1 case
A. Duda & Sons, Inc. v. St. Johns River Water Management District (2009)
“” § 373.019(19), Fla. Stat. (2007). 7 . In count II, Duda alleged that section 3.”
— 373.019(26) — 1 case
Miccosukee Tribe of Indians of Florida v. South Florida Water Management District (2010)
“” § 373.019(26), Fla. Stat. (2008). Thus, the District has authority to acquire lands to further the objective of conserving and protecting water and water-related resources.”
— 373.019(4) — 3 cases
Southwest Florida Water Management Dist. v. Charlotte Cty. (2001)
“" In the introduction to chapter 373, in section 373.019, Florida Statutes (1995), entitled "Definitions," the legislature stated that "the following words shall, unless the context clearly indicates otherwise," have the meanings given to them in that section.”
Harloff v. City of Sarasota (1991)
“" § 373.019(4), Fla. Stat. (1989). In this case, it is clear that Mr.”
Middlebrooks v. St. Johns River Water Management District (1987)
“223(1), Florida Statutes, reads as follows: *251 (1) To obtain a permit pursuant to the provisions of this chapter, the applicant must establish that the proposed use of water: (a) Is a reasonable-beneficial use as defined in § 373.019(4); (b) Will not interfere with any…”
— 373.019(5) — 2 cases
City of St. Petersburg v. Southwest Fla. Water Management Dist. (1977)
“Section 373.019(5), Florida Statutes. Application for permits for existing uses would be granted if the request was for a reasonable beneficial use and was in accordance with the common law.”
Middlebrooks v. St. Johns River Water Management District (1987)
“223(1), Florida Statutes, reads as follows: *251 (1) To obtain a permit pursuant to the provisions of this chapter, the applicant must establish that the proposed use of water: (a) Is a reasonable-beneficial use as defined in § 373.019(4); (b) Will not interfere with any…”
— 373.019(8) — 2 cases
Southwest Florida Water Management Dist. v. Charlotte Cty. (2001)
“" In the introduction to chapter 373, in section 373.019, Florida Statutes (1995), entitled "Definitions," the legislature stated that "the following words shall, unless the context clearly indicates otherwise," have the meanings given to them in that section.”
Slusher v. Martin County (2003)
“” § 373.019(8), Fla. Stat. (2002) and section 1.”
— 373.019(9) — 1 case
A. Duda & Sons, Inc. v. St. Johns River Water Management District (2009)
“” § 373.019(19), Fla. Stat. (2007). 7 . In count II, Duda alleged that section 3.”
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