Florida Statute 373.103 | 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. 373.103

373.103 Powers which may be vested in the governing board at the department’s discretion.—In addition to the other powers and duties allowed it by law, the governing board of a water management district may be specifically authorized by the department to:

(1) Administer and enforce all provisions of this chapter, including the permit systems established in parts II, III, and IV of this chapter, consistent with the water resource implementation rule.

(2) Cooperate with the United States in the manner provided by Congress for flood control, reclamation, conservation, and allied purposes in protecting the inhabitants, the land, and other property within the district from the effects of a surplus or a deficiency of water when the same may be beneficial to the public health, welfare, safety, and utility.

(3) Plan, construct, operate, and maintain works of the district as defined in this chapter.

(4) Determine, establish, and control the level of waters to be maintained in all canals, lakes, rivers, channels, reservoirs, streams, or other bodies of water controlled by the district; to maintain such waters at the levels so determined and established by means of dams, locks, floodgates, dikes, and other structures; and to regulate the discharge into, or withdrawal from, the canals, lakes, rivers, channels, reservoirs, streams, or other bodies of water controlled by the district or which are a work of the district, including review of small watershed projects (Pub. L. No. 83-566).

(5) Expend, at the discretion of the governing board, for purposes of promotion, advertisement, and improvement of the program and objectives of the district, a yearly sum not to exceed 0.25 percent of the moneys collected by taxation within the district.

(6) Exercise such additional power and authority compatible with this chapter and other statutes and federal laws affecting the district as may be necessary to perform such duties and acts and to decide such matters and dispose of the same as are not specifically defined in or covered by statute.

(7) Prepare, in cooperation with the department, that part of the Florida water plan applicable to the district.

(8) Delegate to a local government by rule or agreement the power and duty to administer and enforce any of the statutes, rules, or regulations relating to stormwater permitting or surface water management which the district is authorized or required to administer, including those delegated by a state agency to the district, if the governing board determines that such a delegation is necessary or desirable. Such a delegation shall be made only if the governing board determines that the local government’s program for administering the delegated statute, rule, or regulation:

(a) Provides by ordinance, regulation, or local law for requirements compatible with or stricter or more extensive than those imposed by the statute or the rules and regulations adopted pursuant thereto;

(b) Provides for the enforcement of such requirements by appropriate administrative and judicial processes; and

(c) Provides for administrative organization, staff, and financial and other resources necessary to effectively and efficiently enforce such requirements.

The governing board shall give prior notice of its intention to enter into an agreement described in this subsection. At a minimum, such notice shall be published in the Florida Administrative Register at least 21 days in advance of the governing board’s action. At least once every 6 months, the district shall update its rules to include a list of the agreements adopted pursuant to this subsection to which the district is a party. The list shall identify the parties to, and the date and location of, each agreement, and shall specify the nature of the authority delegated by the agreement.

History.—s. 17, part I, ch. 72-299; s. 7, ch. 73-190; s. 2, ch. 80-259; s. 1, ch. 82-46; ss. 3, 25, ch. 88-242; ss. 1, 2, 9, ch. 89-279; ss. 11, 12, ch. 90-217; s. 1, ch. 91-231; s. 3, ch. 91-288; s. 20, ch. 97-160; s. 35, ch. 2013-14.

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Amendments to 373.103

Arrestable Offenses / Crimes under Fla. Stat. 373.103

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.103.

Annotations, Discussions, Cases:

Cases Citing Statute 373.103

Total Results: 8

South Florida Water Management District v. RLI Live Oak, LLC

Court: Supreme Court of Florida | Date Filed: 2014-05-22

Citation: 139 So. 3d 869, 39 Fla. L. Weekly Supp. 345, 2014 WL 2118101, 2014 Fla. LEXIS 1672

Snippet: which authority has been delegated pursuant to s. 373.103(8), is authorized to commence and maintain proper

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: in reliance on sections 373.085, 373.086, and 373.103, Florida Statutes (1993), we do not reach any other

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-06-08

Snippet: 83-88, 77-16, 76-230, and 74-116. 10 Compare, s. 373.103(8), F.S., authorizing the governing board of a

Arnold v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-05-01

Citation: 578 So. 2d 515, 1991 WL 65936

Snippet: reputation." Missouri v. Hunter, 459 U.S. 359, 373, 103 S.Ct. 673, 681-82, 74 L.Ed.2d 535, 547 (1983)

Kurtz v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-06-15

Citation: 564 So. 2d 519, 1990 WL 80800

Snippet: reputation." Missouri v. Hunter, 459 U.S. 359, 373, 103 S.Ct. 673, 681-82, 74 L.Ed.2d 535, 547 (1983)

Osceola Cty. v. ST. JOHNS RIVER WATER MANAG.

Court: Supreme Court of Florida | Date Filed: 1987-02-26

Citation: 504 So. 2d 385, 12 Fla. L. Weekly 113, 1987 Fla. LEXIS 1568

Snippet: consider and issue such permits pursuant to sections 373.103 and 373.217 of the Act. In this case, Brevard County

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

Court: District Court of Appeal of Florida | Date Filed: 1986-03-06

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

Snippet: effectiveness among the districts. See e.g., § 373.103, Fla. Stat. (1985); Fla. Admin. Code Rule 17-40

Deseret Ranches of Florida, Inc. v. St. Johns River Water Management Dist.

Court: District Court of Appeal of Florida | Date Filed: 1981-12-02

Citation: 406 So. 2d 1132, 1981 Fla. App. LEXIS 21783

Snippet: the various water management districts. Section 373.103 allows the Department to specifically authorize