Florida Statute 373.83 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.083

373.083 General powers and duties of the governing board.—In addition to other powers and duties allowed it by law, the governing board is authorized to:

(1) Contract with public agencies, private corporations, or other persons; sue and be sued; and appoint and remove agents and employees, including specialists and consultants.

(2) Issue orders to implement or enforce any of the provisions of this chapter or regulations thereunder.

(3) Make surveys and investigations of the water supply and resources of the district and cooperate with other governmental agencies in similar activities.

(4) Solicit and accept donations or grants of funds or services from both public and private sources for the planning and implementation of district undertakings and delegations, including, but not limited to, projects, programs, works, and studies.

(5) Execute any of the powers, duties, and functions vested in the governing board through a member, the executive director, or other district staff as designated by the governing board. The governing board may establish the scope and terms of any delegation, and no delegation shall be subject to the rulemaking requirements of chapter 120. However, if the governing board delegates to the executive director its authority to take final action on permit applications under part II or petitions for variances or waivers of permitting requirements under part II, the executive director may execute such delegated authority through designated staff. However, the governing board must provide a process for referring a denial of such application or petition to the governing board for the purpose of taking final action. The authority to delegate under this subsection is supplemental to any other provision of this chapter granting authority to the governing board to delegate specific powers, duties, or functions.

History.—s. 16, part I, ch. 72-299; s. 1, ch. 82-46; s. 25, ch. 88-242; ss. 1, 2, ch. 89-279; ss. 11, 12, ch. 90-217; s. 1, ch. 97-70; s. 1, ch. 2000-133; s. 2, ch. 2001-256; s. 7, ch. 2009-243; s. 52, ch. 2010-205.

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Amendments to 373.083

Annotations, Discussions, Cases:

Cases Citing Statute 373.083

Total Results: 8

Friends of the Everglades v. South Florida Water Management District

570 F.3d 1210, 39 Envtl. L. Rep. (Envtl. Law Inst.) 20118, 68 ERC (BNA) 2121, 2009 U.S. App. LEXIS 12341, 2009 WL 1545551

Court of Appeals for the Eleventh Circuit | Filed: Jun 4, 2009 | Docket: 2908221

Cited 33 times | Published

the Water District. See Fla. Stat. § 373.083. The plaintiffs have the greatest interest

United States Ex Rel. Lesinski v. South Florida Water Management District

739 F.3d 598, 37 I.E.R. Cas. (BNA) 660, 2014 WL 23737, 2014 U.S. App. LEXIS 14

Court of Appeals for the Eleventh Circuit | Filed: Jan 2, 2014 | Docket: 108927

Cited 11 times | Published

direct State oversight, see Fla. Stat. § 373.083(4), Appellant argues that the District was acting

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

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

District Court of Appeal of Florida | Filed: Mar 6, 1986 | Docket: 1714235

Cited 2 times | Published

independent of D.E.R. See e.g., § 373.0693, § 373.0697, § 373.083-099, § 373.106, § 373.119, § 373.139, § 373.171

City of St. Petersburg v. Southwest Fla. Water Management Dist.

355 So. 2d 796

District Court of Appeal of Florida | Filed: Oct 12, 1977 | Docket: 1361122

Cited 2 times | Published

of this chapter or regulations thereunder." Section 373.083(2), Florida Statutes. Sections 373.203-.249

Gilbertson v. Lennar Homes, Inc.

629 So. 2d 1029, 1993 WL 538235

District Court of Appeal of Florida | Filed: Dec 29, 1993 | Docket: 1677265

Cited 1 times | Published

governmental agencies in similar activities. § 373.083, Fla. Stat. (1979) (emphasis added). Under section

Ago

Florida Attorney General Reports | Filed: Jul 21, 2011 | Docket: 3256056

Published

employment power granted to the district by section 373.083, Florida Statutes, and implied powers attendant

FRIENDS OF THE EVERGLADES v. South Florida Water Management District

605 F.3d 962

Court of Appeals for the Eleventh Circuit | Filed: Jun 4, 2009 | Docket: 1539204

Published

operation of the Water District. See Fla. Stat. § 373.083. The plaintiffs have the greatest interest in

Ago

Florida Attorney General Reports | Filed: Feb 17, 1993 | Docket: 3255787

Published

073(1)(b)4., F.S. 2 Section 373.079(4)(a), F.S. 3 Section 373.083(1), F.S. 4 Section 215.425, F.S., formerly