Florida Statute 373.086 | 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. 373.086

373.086 Providing for district works.—

(1) In order to carry out the works for the district, and for effectuating the purposes of this chapter, the governing board is authorized to clean out, straighten, enlarge, or change the course of any waterway, natural or artificial, within or without the district; to provide such canals, levees, dikes, dams, sluiceways, reservoirs, holding basins, floodways, pumping stations, bridges, highways, and other works and facilities which the board may deem necessary; to establish, maintain, and regulate water levels in all canals, lakes, rivers, channels, reservoirs, streams, or other bodies of water owned or maintained by the district; to cross any highway or railway with works of the district and to hold, control, and acquire by donation, lease, or purchase, or to condemn any land, public or private, needed for rights-of-way or other purposes, and may remove any building or other obstruction necessary for the construction, maintenance, and operation of the works; and to hold and have full control over the works and rights-of-way of the district.

(2) The works of the district shall be those adopted by the governing board of the district. The district may require or take over for operation and maintenance such works of other districts as the governing board may deem advisable under agreement with such districts.

(3)(a) Notwithstanding the provisions of chapter 120, the temporary construction, operation, or maintenance of water supply backpumping facilities to be used for storage of surplus water shall not require a permit under this chapter, chapter 253, or chapter 403 from the Department of Environmental Protection if the governing board issues an order declaring a water emergency which order is approved by the Secretary of Environmental Protection. Such approval may be given by telephone and confirmed by appropriate order at a later date. The temporary construction, operation, or maintenance of the facilities shall cease when the governing board or the secretary issues an order declaring that the emergency no longer exists. If the district intends to operate any such facilities permanently under nonemergency conditions, it shall apply for the appropriate required permits from the Department of Environmental Protection within 30 days of rescinding the emergency order.

(b) Notwithstanding the provisions of chapter 120, emergency orders issued pursuant to this subsection shall be valid for a period of 90 days and may be renewed for a single 90-day period.

History.—s. 16, ch. 25209, 1949; s. 2, ch. 29790, 1955; s. 1, ch. 61-147; s. 3, ch. 61-497; s. 2, ch. 63-224; s. 1, ch. 67-206; s. 1, part VI, ch. 72-299; s. 25, ch. 73-190; s. 1, ch. 82-46; s. 4, ch. 82-101; s. 25, ch. 88-242; ss. 1, 2, ch. 89-279; ss. 11, 12, ch. 90-217; s. 255, ch. 94-356.

Note.—Former s. 378.16.

F.S. 373.086 on Google Scholar

F.S. 373.086 on Casetext

Amendments to 373.086

Arrestable Offenses / Crimes under Fla. Stat. 373.086

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.086.

Annotations, Discussions, Cases:

Cases Citing Statute 373.086

Total Results: 9

Quevedo v. South Florida Water Management District

Court: Fla. Dist. Ct. App. | Date Filed: 2000-06-07T00:00:00-07:00

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

Snippet: of rivers and harbors.” Sections 373.085(1) and 373.086(1), Florida. Statutes (1999), generally describe…conditions thereof or for other cause. Section 373.086(1) provides that [i]n order to carry out the works

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

Court: Fla. Dist. Ct. App. | Date Filed: 1996-06-27T00:00:00-07:00

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

Snippet: proposed by the rule in reliance on sections 373.085, 373.086, and 373.103, Florida Statutes (1993), we do not

Reed v. State

Court: Fla. | Date Filed: 1985-05-02T00:53:00-07:00

Citation: 470 So. 2d 1382

Snippet: $500.00 fine. Cheff v. Schnackenberg, 384 U.S. 373, 86 S.Ct. 1523, 16 L.Ed.2d 629 (1966)." Since

State v. LaValley

Court: Fla. Dist. Ct. App. | Date Filed: 1978-07-14T00:00:00-07:00

Citation: 362 So. 2d 303, 1978 Fla. App. LEXIS 15961

Snippet: trial. See also Cheff v. Schnackenberg, 384 U.S. 373, 86 S.Ct. 1523, 16 L.Ed.2d 629 (1966). In Boyd v. County

Aaron v. State

Court: Fla. | Date Filed: 1977-02-24T23:53:00-08:00

Citation: 345 So. 2d 641

Snippet: Supreme Court. See Cheff v. Schnackenberg, 384 U.S. 373, 86 S.Ct. 1523, 16 L.Ed.2d 629 (1966); Bloom v. Illinois

Aaron v. State

Court: Fla. | Date Filed: 1973-07-11T00:53:00-07:00

Citation: 284 So. 2d 673

Snippet: a requirement, Cheff v. Schackenberg, 384 U.S. 373, 86 S.Ct. 1523, 16 L.Ed.2d 629 (1966), a requirement… determined by the judge." [11] 384 U.S. 373, 86 S.Ct. 1523, 16 L.Ed.2d 629 (1966). [12] 391 U.

City of Fort Lauderdale v. Byrd

Court: Fla. Dist. Ct. App. | Date Filed: 1970-12-30T00:00:00-08:00

Citation: 242 So. 2d 494, 1970 Fla. App. LEXIS 5376

Snippet: “* * * Cheff v. Schnackenberg (1966, 384 U.S. 373, 86 S.Ct. 1523, 16 L. Ed.2d 629) held that persons

State Ex Rel. Argersinger v. Hamlin

Court: Fla. | Date Filed: 1970-06-03T00:53:00-07:00

Citation: 236 So. 2d 442

Snippet: 522 (1968); and Cheff v. Schnackenberg, 384 U.S. 373, 86 S.Ct. 1523, 16 L.Ed.2d 629 (1966). This is the

Hilliard v. City of Gainesville

Court: Fla. | Date Filed: 1968-07-17T00:53:00-07:00

Citation: 213 So. 2d 689

Snippet: $500.00 fine. Cheff v. Schnackenberg, 384 U.S. 373, 86 S.Ct. 1523, 16 L.Ed.2d 629 (1966). On the other