Florida Statute 373.217 | 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. 373.217

373.217 Superseded laws and regulations.—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shall govern and control, and such other law or ordinance or rule or regulation promulgated thereunder shall be deemed superseded for the purpose of regulating the consumptive use of water.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.

F.S. 373.217 on Google Scholar

F.S. 373.217 on Casetext

Amendments to 373.217

Arrestable Offenses / Crimes under Fla. Stat. 373.217

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.217.

Annotations, Discussions, Cases:

Cases Citing Statute 373.217

Total Results: 7

Seminole Tribe of Florida v. Hendry County

Court: District Court of Appeal of Florida | Date Filed: 2013-01-23

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

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

Marion County v. Greene

Court: District Court of Appeal of Florida | Date Filed: 2009-03-20

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

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2009-03-10

Citation: 7 So. 3d 1129, 2009 Fla. App. LEXIS 2141

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

Thomas v. SOUTHWEST FLORIDA WATER MANAGEMENT DIST.

Court: District Court of Appeal of Florida | Date Filed: 2003-12-19

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

Snippet: of Chapter 373, in particular section 373.217. Section 373.217 of the Florida Statutes (1999) sets forth

Southwest Florida Water Management Dist. v. Charlotte Cty.

Court: District Court of Appeal of Florida | Date Filed: 2001-01-05

Citation: 774 So. 2d 903, 2001 WL 10391

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

Concerned Citizens v. St. Johns River Water

Court: District Court of Appeal of Florida | Date Filed: 1993-07-23

Citation: 622 So. 2d 520, 1993 WL 274014

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

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