373.217

Superseded laws and regulations.

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373.217 Superseded laws and regulations.—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shall govern and control, and such other law or ordinance or rule or regulation promulgated thereunder shall be deemed superseded for the purpose of regulating the consumptive use of water.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

Notes of Decisions

Cited in 6 cases, 1993–2013 · leading case: Southwest Florida Water Management Dist. v. Charlotte Cty.

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Southwest Florida Water Management Dist. v. Charlotte Cty. (2001) fladistctapp · cites it 2× “) Section 373.217(3), Florida Statutes (1995), states that if any part of the Florida Water Act as set forth in sections 373.”

Concerned Citizens v. St. Johns River Water (1993) fladistctapp “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.”

Seminole Tribe of Florida v. Hendry County (2013) fladistctapp · cites it 2× “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…”

Thomas v. SOUTHWEST FLORIDA WATER MANAGEMENT DIST. (2003) fladistctapp · cites it 5× “§ 373.217, Fla. Stat. (1999)(emphasis added).”

Marion County v. Greene (2009) fladistctapp “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 consump *779 tive use of water.”

Northwest Florida Water Management District v. Department of Community Affairs (2009) fladistctapp · cites it 3× “Section 373.217, Florida Statutes (2008), provides: (2) It is the further intent of the Legis-latui’e that Part II of the Florida Water *1131 Resources Act of 1972, as amended, as set forth in ss.”

— 373.217(3) — 2 cases

Southwest Florida Water Management Dist. v. Charlotte Cty. (2001) fladistctapp “) Section 373.217(3), Florida Statutes (1995), states that if any part of the Florida Water Act as set forth in sections 373.”

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