Florida Statute 373.085 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

View Entire Chapter

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 Citing Statute 373.085

Total Results: 5

Guilder v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-03-30

Citation: 899 So. 2d 412, 2005 WL 714859

Snippet: Commissioner of Internal Revenue, 311 U.S. 527, 61 S.Ct. 373, 85 L.Ed. 319 (1940)). As the supreme court has already

Quevedo v. South Florida Water Management District

Court: District Court of Appeal of Florida | Date Filed: 2000-06-07

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

Snippet: navigability of rivers and harbors.” Sections 373.085(1) and 373.086(1), Florida. Statutes (1999), generally

St. Johns River Water Management District v. Zellwood Drainage & Water Control District

Court: District Court of Appeal of Florida | Date Filed: 1996-06-27

Citation: 677 So. 2d 342, 1996 Fla. App. LEXIS 6845, 1996 WL 350066

Snippet: as proposed by the rule in reliance on sections 373.085, 373.086, and 373.103, Florida Statutes (1993)

White v. Marine Transport Lines, Inc.

Court: Supreme Court of Florida | Date Filed: 1979-06-07

Citation: 372 So. 2d 81, 1979 Fla. LEXIS 4687

Snippet: its jurisdiction *82 by granting an award of $3,373.85, when the original claim sought damages in the

State v. Aiuppa

Court: Supreme Court of Florida | Date Filed: 1974-05-01

Citation: 298 So. 2d 391

Snippet: Commissioner of Internal Revenue, 311 U.S. 527, 61 S.Ct. 373, 85 L.Ed. 319 (1940). "The Legislature, if it should