Florida Statutes
Fla. Stat. § 373.219 (2025)
Permits required.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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373.219 Permits required.—
(1) The governing board or the department may require such permits for consumptive use of water and may impose such reasonable conditions as are necessary to assure that such use is consistent with the overall objectives of the district or department and is not harmful to the water resources of the area. However, no permit shall be required for domestic consumption of water by individual users.
(2) In the event that any person shall file a complaint with the governing board or the department that any other person is making a diversion, withdrawal, impoundment, or consumptive use of water not expressly exempted under the provisions of this chapter and without a permit to do so, the governing board or the department shall cause an investigation to be made, and if the facts stated in the complaint are verified the governing board or the department shall order the discontinuance of the use.
(3) For Outstanding Florida Springs, the department shall adopt uniform rules for issuing permits which prevent groundwater withdrawals that are harmful to the water resources and adopt by rule a uniform definition of the term “harmful to the water resources” to provide water management districts with minimum standards necessary to be consistent with the overall water policy of the state. This subsection does not prohibit a water management district from adopting a definition that is more protective of the water resources consistent with local or regional conditions and objectives.
Notes of Decisions
Cited in 8
cases, 1977–2001 · leading case: Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001).
Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001). “" We conclude that in the context of section 373.219, the word "water" as used in the term "consumptive use of water" must have a more expansive definition than that given in section 373.”
Middlebrooks v. St. Johns River Water Mgt. Dist., 529 So. 2d 1167 (Fla. 5th DCA 1988). “219(1), Florida Statutes (1985), [1] but which conditioned the permit on his filing an application for a recreational use permit and reduction of the flow of water from two wells involved in this case during low use periods.”
Vill. of Tequesta v. Jupiter Inlet Corp., 371 So. 2d 663 (Fla. 1979). “§ 373.219(1) Fla. Stat. (1973). Jupiter, in serving a 120-unit condominium, does not qualify as an individual user and thus must secure a permit in order to draw water from beneath its property.”
Osceola Cty. v. St. Johns River Water Mgt. Dist., 486 So. 2d 616 (Fla. 5th DCA 1986). “NOTES [1] See § 373.219, Fla. Stat. (1985). [2] As will be demonstrated, infra, it is also necessary for the applicant to seek and secure the approval of the South Florida Water Management District, from where the water will be drawn.”
Davey Compressor Co. v. City of Delray Beach, 613 So. 2d 60 (Fla. 4th DCA 1993). “In order to exercise such controls a permitting system is established which requires permits for consumptive use of water, exempting only "domestic consumption of water by individual users" from the requirements of a permit.”
City of Cocoa v. Holland Props., 625 So. 2d 17 (Fla. 5th DCA 1993). “(1973). In order to exercise such controls a permitting system is established which requires permits for consumptive use of water, exempting only "domestic consumption of water by individual users" from the requirements of a permit.”
City of St. Petersburg v. Sw. Fla. Water Mgmt. Dist., 355 So. 2d 796 (Fla. 2d DCA 1977). “Section 373.219, .226, Florida Statutes. The statute placed the burden on the applicant seeking new use to establish that the proposed use of water: (a) Is a reasonable beneficial use as defined in s.”
Osceola Cty. v. St. Johns River Water Manag., 504 So. 2d 385 (Fla. 1987). “Section 373.219(1) *387 provides that the DER or the governing board of any district may require such permits in order to ensure that the potential use is consistent with the overall objectives of the plan and is not harmful to the water resources of the area.”
— 373.219(1) — 7 cases
Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001). “" We conclude that in the context of section 373.219, the word "water" as used in the term "consumptive use of water" must have a more expansive definition than that given in section 373.”
Middlebrooks v. St. Johns River Water Mgt. Dist., 529 So. 2d 1167 (Fla. 5th DCA 1988). “219(1), Florida Statutes (1985), [1] but which conditioned the permit on his filing an application for a recreational use permit and reduction of the flow of water from two wells involved in this case during low use periods.”
Vill. of Tequesta v. Jupiter Inlet Corp., 371 So. 2d 663 (Fla. 1979). “§ 373.219(1) Fla. Stat. (1973). Jupiter, in serving a 120-unit condominium, does not qualify as an individual user and thus must secure a permit in order to draw water from beneath its property.”
Davey Compressor Co. v. City of Delray Beach, 613 So. 2d 60 (Fla. 4th DCA 1993). “In order to exercise such controls a permitting system is established which requires permits for consumptive use of water, exempting only "domestic consumption of water by individual users" from the requirements of a permit.”
Osceola Cty. v. St. Johns River Water Mgt. Dist., 486 So. 2d 616 (Fla. 5th DCA 1986). “NOTES [1] See § 373.219, Fla. Stat. (1985). [2] As will be demonstrated, infra, it is also necessary for the applicant to seek and secure the approval of the South Florida Water Management District, from where the water will be drawn.”
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