Florida Statutes

Fla. Stat. § 373.086 (2025)

Providing for district works.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 4 cases, 1986–2000 · leading case: Quevedo v. South Florida Water Mgmt. Dist., 762 So. 2d 982 (Fla. 4th DCA 2000).

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Quevedo v. South Florida Water Mgmt. Dist., 762 So. 2d 982 (Fla. 4th DCA 2000). “Section 373.086(1) provides that [i]n order to carry out the works for the district, and for effectuating the purposes of this chapter, the governing board is authorized .”

Friends of Fort George, Inc. v. Fairfield Communities, Inc., 24 Fla. Supp. 2d 192 (Fla. Div. Admin. Hr'g 1986). · cites it 4× “adversely affect the operation of a Work of the District established pursuant to Section 373.086, Florida Statutes, and Chapter 40C-6, Florida Administrative Code; 8.”

Florida Wildlife Fed'n, Inc. v. Admiral Corp., 23 Fla. Supp. 2d 200 (Fla. Div. Admin. Hr'g 1986). · cites it 2× “042, Florida Statutes, and there is no work of the District in Flagler County established pursuant to Section 373.086, Florida Statutes, and Chapter 40C-6, Florida Administrative Code.”

Florida Wildlife Fed'n, Inc. v. Admiral Corp., 28 Fla. Supp. 2d 141 (Fla. Div. Admin. Hr'g 1986). · cites it 2× “042, Florida Statutes, and there is no work of the District in Flagler County established pursuant to Section 373.086, Florida Statutes, and Chapter 40C-6, Florida Administrative Code.”

— 373.086(1) — 1 case

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