CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1993 WL 274014
...The District also argues that Part II of Chapter 373 of the Florida Statutes precludes the grant of an injunction that would prevent it from issuing additional consumptive use permits within the District until it has established the minimums required by section
373.042. Subsections (2) and (3) of section
373.217 provide: (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....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 10391
...Provide and regulate waste and sewage collection and disposal, water and alternative water supplies, including, but not limited to, reclaimed water and water from aquifer storage and recovery and desalination systems, and conservation programs. (Emphasis added.) Section
373.217(3), Florida Statutes (1995), states that if any part of the Florida Water Act as set forth in sections
373.203-.249 is in conflict with any state law or local ordinance, that portion of the Florida Water Act controls....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 2277, 2009 WL 722021
..., because Greene did not show that a SUP had been issued prior to issuance of the CUP, the District erred in issuing the CUP. We again disagree. Chapter 373 of the Florida Statutes grants the District exclusive authority to approve CUP applications. Section 373.217(3) expressly states that when a county ordinance is in conflict with the water management district's exclusive authority, the ordinance is deemed superseded for purposes of regulating the consumptive *779 use of water....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 2141, 2009 WL 593558
...We find that quo warranto is an appropriate remedy. Crist v. Fla. Ass'n of Criminal Defense Lawyers,
978 So.2d 134 (Fla. 2008). We also find that this court is the proper forum. Leonard v. Morgan,
548 So.2d 803 (Fla. 1st DCA 1989) (extraordinary writ jurisdiction follows appellate jurisdiction). Section
373.217, Florida Statutes (2008), provides: (2) It is the further intent of the Legislature that Part II of the Florida Water *1131 Resources Act of 1972, as amended, as set forth in ss....
...The court nevertheless held for the water management district, deciding that the installation of wells did not require approval through the DRI process. Other decisions, although not involving the Department of Community Affairs, support the conclusion that the preemption language of section 373.217 does in fact mean what it says and permitting by the water management district is all that is required to obtain approval for consumptive use of water in this state....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 19255, 2003 WL 22970865
...ter rights of the residents of Pasco County. We conclude that SFWMD properly rejected this claim because Thomas' argument fails to recognize the controlling 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 authority. That section expressly preempts other statutes, including those in Part I of Chapter 373, that attempt to limit or qualify the SFWMD's permitting authority: 373.217....
...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. § 373.217, Fla....
...e viewed as the clearest and most recent expression of legislative intent. Palm Beach County Canvassing Bd. v. Harris,
772 So.2d 1273 (Fla. 2000). Applying these principles to the instant facts we conclude that SFWMD properly found the provisions of section
373.217 to be controlling....
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 238231, 2013 Fla. App. LEXIS 781
...Water Management District (SFWMD). The circuit court concluded that the water usage issues are within the exclusive jurisdiction of the Department of Environmental Protection or its successor, SFWMD. To support this proposition, the court pointed to section 373.217, Florida Statutes (2010), which authorizes the Department of Environmental Protection to provide programs for the issuance of permits for the consumptive use of water; states that the Florida Water Resources Act of 1972, sections 373....
