The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.085

373.085 Use of works or land by other districts or private persons.—

(1)(a) In order to promote water quantity and water resource development, projects that improve flood control, and conservation of lands, the district and other governmental agencies shall encourage public-private partnerships by collaborating, when possible, with those partnerships when procuring materials for infrastructure and restoration work projects, consistent with district and state procurement procedures.

(b) The governing board has authority to prescribe the manner in which local works provided by other districts or by private persons will connect with and make use of the works or land of the district, to issue permits therefor, and to cancel the permits for noncompliance with the conditions thereof or for other cause. It is unlawful to connect with or make use of the works or land of the district without consent in writing from its governing board, and the board has authority to prevent or, if done, estop or terminate the same. The use of the works or land of the district for access is governed by this section and is not subject to the provisions of s. 704.01. However, any land or works of the district which have historically been used for public access to the ocean by means of the North New River Canal and its tributaries may not be closed for this purpose unless the district can demonstrate that significant harm to the resource would result from such public use.

(2) Damage resulting from unlawful use of such works, or from violations of the conditions of permit issued by the board shall, if made by other than a public agency, be subject to such penalty as is or may be prescribed by law and in addition thereto by a date and in a manner prescribed by the board, repair of said damage to the satisfaction of said board, or deposit with said board a sum sufficient therefor, and if by a public agency, then at the expense of such agency the repair of said damage to the satisfaction of the board or the deposit with said board of a sum sufficient therefor.

History.—s. 17, ch. 25209, 1949; s. 25, ch. 73-190; s. 1, ch. 82-46; s. 7, ch. 84-341; s. 25, ch. 88-242; ss. 1, 2, ch. 89-279; ss. 11, 12, ch. 90-217; s. 53, ch. 2010-205.

Note.—Former s. 378.17.

F.S. 373.085 on Google Scholar

F.S. 373.085 on Casetext

Amendments to 373.085

Arrestable Offenses / Crimes under Fla. Stat. 373.085

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.085.

Annotations, Discussions, Cases:

Cases from cite.case.law:

G. QUEVEDO, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a, 762 So. 2d 982 (Fla. Dist. Ct. App. 2000)

. . . Sections 373.085(1) and 373.086(1), Florida. . . . Subsection 373.085(1) states that the governing board of a water management district has authority to . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, v. ZELLWOOD DRAINAGE AND WATER CONTROL DISTRICT,, 677 So. 2d 342 (Fla. Dist. Ct. App. 1996)

. . . statutory authority to set water quality standards as proposed by the rule in reliance on sections 373.085 . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT v. CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER- DAY SAINTS, 7 Fla. Supp. 2d 55 (Fla. Cir. Ct. 1984)

. . . The District has also implemented a permitting program pursuant to Section 373.085, Florida Statutes. . . . The excavation required a permit from the District pursuant to Sections 373.403, et seq., and Section 373.085 . . .