The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.219

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.

History.—s. 2, part II, ch. 72-299; s. 9, ch. 73-190; s. 9, ch. 2016-1.

F.S. 373.219 on Google Scholar

F.S. 373.219 on Casetext

Amendments to 373.219

Arrestable Offenses / Crimes under Fla. Stat. 373.219

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.219.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Section 373.219(1), Florida Statutes (1995), gives the water management districts the power to require . . . The ALJ found that section 373.219(1), Florida Statutes (1996), only authorizes the District to require . . . Section 373.219(1) states that “[t]he governing board [of a water management district] ... may require . . . We conclude that in the context of section 373.219, the word “water” as used in the term “consumptive . . . We conclude that the word “water” in the term “consumptive use of water” in section 373.219(1) refers . . .

CITY OF COCOA, v. HOLLAND PROPERTIES, INC., 625 So. 2d 17 (Fla. Dist. Ct. App. 1993)

. . . . § 373.219(1), Fla.Stat. (1973).... Village of Tequesta v. . . .

DAVEY COMPRESSOR COMPANY, v. CITY OF DELRAY BEACH,, 613 So. 2d 60 (Fla. Dist. Ct. App. 1993)

. . . . § 373.219(1) Fla.Stat. (1973). . . .

C. E. MIDDLEBROOKS d b a v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 529 So. 2d 1167 (Fla. Dist. Ct. App. 1988)

. . . which approved Middlebrooks’ application for a consumptive use permit (C.U.P.) pursuant to section 373.219 . . . Section 373.219(1), Florida Statutes (1985) provides: 373.219 Permits required.— (1) The governing board . . .

MIDDLEBROOKS, d b a WEKIVA FALLS RESORT v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, 27 Fla. Supp. 2d 237 (Fla. Div. Admin. Hearings 1987)

. . . permitting programs pursuant to Part II of Chapter 373, Consumptive Uses of Water, specifically Sections 373.219 . . . See Sec. 373.219, Fla. Stat. 4. . . . See Sec. 373.219, Fla. Stat. 18. . . .

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

. . . Section 373.219(1) provides that the DER or the governing board of any district may require such permits . . .

FRIENDS OF FORT GEORGE, INC. v. FAIRFIELD COMMUNITIES, INC., 24 Fla. Supp. 2d 192 (Fla. Div. Admin. Hearings 1986)

. . . statutory responsibility for the administration and enforcement of permitting programs pursuant to Sections 373.219 . . . See also Sections 373.019(4), 373.219 and 373.223, Florida Statutes. . . .

OSCEOLA COUNTY, a v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 486 So. 2d 616 (Fla. Dist. Ct. App. 1986)

. . . Section 373.219, Florida Statutes, authorizes D.E.R. or the districts’ governing boards to require permits . . . See § 373.219, Fla.Stat. (1985). . . . . districts and the DER exclusive authority for granting or denying consumptive use permits, section 373.219 . . .

CITY OF ST. PETERSBURG, a v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,, 355 So. 2d 796 (Fla. Dist. Ct. App. 1977)

. . . Section 373.219, .226, Florida Statutes. . . .