Florida Statute 373.217 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.217

373.217 Superseded laws and regulations.—

(1) It is the intent of the Legislature to provide a means whereby reasonable programs for the issuance of permits authorizing the consumptive use of particular quantities of water may be authorized by the Department of Environmental Protection, subject to judicial review and also subject to review by the Governor and Cabinet, sitting as the Land and Water Adjudicatory Commission as provided in s. 373.114.

(2) It is the further intent of the Legislature that Part II of the Florida Water Resources Act of 1972, as amended, as set forth in ss. 373.203-373.249, shall provide the exclusive authority for requiring permits for the consumptive use of water and for authorizing transportation thereof pursuant to s. 373.223(2).

(3) If any provision of Part II of the Florida Water Resources Act of 1972, as amended, as set forth in ss. 373.203-373.249, is in conflict with any other provision, limitation, or restriction which is now in effect under any law or ordinance of this state or any political subdivision or municipality, or any rule or regulation promulgated thereunder, Part II shall govern and control, and such other law or ordinance or rule or regulation promulgated thereunder shall be deemed superseded for the purpose of regulating the consumptive use of water. However, this section shall not be construed to supersede the provisions of the Florida Electrical Power Plant Siting Act.

(4) Other than as provided in subsection (3) of this section, Part II of the Florida Water Resources Act of 1972, as amended, preempts the regulation of the consumptive use of water as defined in this act.

History.—s. 9, ch. 76-243; s. 1, ch. 77-174; s. 265, ch. 94-356.

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Amendments to 373.217

Annotations, Discussions, Cases:

Cases Citing Statute 373.217

Total Results: 6

Concerned Citizens v. St. Johns River Water

622 So. 2d 520, 1993 WL 274014

District Court of Appeal of Florida | Filed: Jul 23, 1993 | Docket: 1529062

Cited 5 times | Published

section 373.042. Subsections (2) and (3) of section 373.217 provide: (2) It is the further intent of the

Southwest Florida Water Management Dist. v. Charlotte Cty.

774 So. 2d 903, 2001 WL 10391

District Court of Appeal of Florida | Filed: Jan 5, 2001 | Docket: 1330773

Cited 4 times | Published

and conservation programs. (Emphasis added.) Section 373.217(3), Florida Statutes (1995), states that if

Marion County v. Greene

5 So. 3d 775, 2009 Fla. App. LEXIS 2277, 2009 WL 722021

District Court of Appeal of Florida | Filed: Mar 20, 2009 | Docket: 1200969

Cited 1 times | Published

exclusive authority to approve CUP applications. Section 373.217(3) expressly states that when a county ordinance

Northwest Florida Water Management District v. Department of Community Affairs

7 So. 3d 1129, 2009 Fla. App. LEXIS 2141, 2009 WL 593558

District Court of Appeal of Florida | Filed: Mar 10, 2009 | Docket: 2532778

Cited 1 times | Published

jurisdiction follows appellate jurisdiction). Section 373.217, Florida Statutes (2008), provides: (2) It

Thomas v. SOUTHWEST FLORIDA WATER MANAGEMENT DIST.

864 So. 2d 455, 2003 Fla. App. LEXIS 19255, 2003 WL 22970865

District Court of Appeal of Florida | Filed: Dec 19, 2003 | Docket: 1727584

Cited 1 times | Published

Part II of Chapter 373, in particular section 373.217. Section 373.217 of the Florida Statutes (1999) sets

Seminole Tribe of Florida v. Hendry County

106 So. 3d 19, 2013 WL 238231, 2013 Fla. App. LEXIS 781

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60228149

Published

support this proposition, the court pointed to section 373.217, Florida Statutes (2010), which authorizes