Florida Statute 373.023 | 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. 373.023

373.023 Scope and application.—

(1) All waters in the state are subject to regulation under the provisions of this chapter unless specifically exempted by general or special law.

(2) No state or local government agency may enforce, except with respect to water quality, any special act, rule, regulation, or order affecting the waters in the state controlled under the provisions of this act, whether enacted or promulgated before or after the effective date of this act, until such special act, rule, regulation, or order has been filed with the department. However, any agency empowered to issue emergency orders affecting such waters may enforce such emergency orders prior to filing such orders with the department. Any rule or regulation in effect on the effective date of this act which is not filed with the department within 180 days after the effective date of this act shall be deemed repealed if the notice hereinafter called for shall have been received by the state or local agency issuing such rule or regulation. The department is directed to notify by certified or registered mail every state or local government agency known to be authorized to enforce any special act, rule, regulation or order affecting the waters of the state regarding the provisions of this subsection. The department is directed to review periodically such special acts, rules, regulations, and orders and to recommend to the appropriate agencies or the Legislature the amendment, consolidation, or revocation of inconsistencies or duplications therein.

(3) Any state or local governmental agency or other person having the power of eminent domain or condemnation under the laws of this state must notify the department or the governing board of a water management district prior to exercising that power.

History.—s. 4, part I, ch. 72-299; s. 1, ch. 73-190.

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Amendments to 373.023

Arrestable Offenses / Crimes under Fla. Stat. 373.023

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.023.

Annotations, Discussions, Cases:

Cases Citing Statute 373.023

Total Results: 8

Seminole Tribe of Florida v. Hendry County

Court: District Court of Appeal of Florida | Date Filed: 2013-01-23

Citation: 106 So. 3d 19, 2013 WL 238231, 2013 Fla. App. LEXIS 781

Snippet: conflicting law or ordinance. Additionally, section 373.023, Florida Statutes (2010), provides: (1) All waters

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-12-06

Snippet: 430(1)(b), supra; s.373.441(1)(b), Fla. Stat. Cf., s. 373.023, Fla. Stat., stating that all the waters of 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: control flood waters since sections 373.016 and 373.023, Florida Statutes (1989), delegate this responsibility

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: regulation, unless otherwise specifically exempt. § 373.023(1) Fla. Stat. (1973). The Department of Environmental

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: and provides the boundaries for each. Section 373.023, Florida Statutes (1979), provides that all waters

Village of Tequesta v. Jupiter Inlet Corp.

Court: Supreme Court of Florida | Date Filed: 1979-05-03

Citation: 371 So. 2d 663, 1979 Fla. LEXIS 4668

Snippet: regulation, unless otherwise specifically exempt. § 373.023(1) Fla. Stat. (1973). The Department *671 of Environmental

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-09-13

Snippet: quality' is expressly addressed, e.g., see ss.373.023(2), 373.026(1), 373.036(2)(g), 373.039, 373.087

Ago

Court: Florida Attorney General Reports | Date Filed: 1975-01-29

Snippet: exclusive with respect to water quality. Sections 373.023(2)373. 039, F.S. However, the purposes for which