The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

View Entire Chapter

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373.217 Superseded laws and regulations.—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shall govern and control, and such other law or ordinance or rule or regulation promulgated thereunder shall be deemed superseded for the purpose of regulating the consumptive use of water.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

SEMINOLE TRIBE OF FLORIDA, v. HENDRY COUNTY, a CO. LLC, a, 106 So. 3d 19 (Fla. Dist. Ct. App. 2013)

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

MARION COUNTY, v. C. GREENE, III S., 5 So. 3d 775 (Fla. Dist. Ct. App. 2009)

. . . Section 373.217(3) expressly states that when a county ordinance is in conflict with the water management . . .

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT, v. DEPARTMENT OF COMMUNITY AFFAIRS, F., 7 So. 3d 1129 (Fla. Dist. Ct. App. 2009)

. . . Section 373.217, Florida Statutes (2008), provides: (2) It is the further intent of the Legis-latui’e . . . the Department of Community Affairs, support the conclusion that the preemption language of section 373.217 . . .

THOMAS, v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,, 864 So. 2d 455 (Fla. Dist. Ct. App. 2003)

. . . authority of the Legislature’s subsequent enactment of Part II of Chapter 373, in particular section 373.217 . . . Section 373.217 of the Florida Statutes (1999) sets forth the supremacy and exclusivity of SFWMD’s permitting . . . those in Part I of Chapter 373, that attempt to limit or qualify the SFWMD’s permitting authority: 373.217 . . . 1972, as amended, preempts the regulation of the consumptive use of water as defined in this act. § 373.217 . . . these principles to the instant facts we conclude that SFWMD properly found the provisions of section 373.217 . . .

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT v. CHARLOTTE COUNTY,, 774 So. 2d 903 (Fla. Dist. Ct. App. 2001)

. . . Section 373.217(3), Florida Statutes (1995), states that if any part of the Florida Water Act as set . . .

CONCERNED CITIZENS OF PUTNAM COUNTY FOR RESPONSIVE GOVERNMENT, INC. v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 622 So. 2d 520 (Fla. Dist. Ct. App. 1993)

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

OSCEOLA COUNTY, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 504 So. 2d 385 (Fla. 1987)

. . . management districts the authority to consider and issue such permits pursuant to sections 373.103 and 373.217 . . .