Florida Statute 373.223 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.223

373.223 Conditions for a permit.—

(1) To obtain a permit pursuant to the provisions of this chapter, the applicant must establish that the proposed use of water:

(a) Is a reasonable-beneficial use as defined in s. 373.019;

(b) Will not interfere with any presently existing legal use of water; and

(2) The governing board or the department may authorize the holder of a use permit to transport and use ground or surface water beyond overlying land, across county boundaries, or outside the watershed from which it is taken if the governing board or department determines that such transport and use is consistent with the public interest, and no local government shall adopt or enforce any law, ordinance, rule, regulation, or order to the contrary.

(3) Except for the transport and use of water supplied by the Central and Southern Florida Flood Control Project, and anywhere in the state when the transport and use of water is supplied exclusively for bottled water as defined in s. 500.03(1)(d), any water use permit applications pending as of April 1, 1998, with the Northwest Florida Water Management District and self-suppliers of water for which the proposed water source and area of use or application are located on contiguous private properties, when evaluating whether a potential transport and use of ground or surface water across county boundaries is consistent with the public interest, pursuant to paragraph (1)(c), the governing board or department shall consider:

(a) The proximity of the proposed water source to the area of use or application.

(b) All impoundments, streams, groundwater sources, or watercourses that are geographically closer to the area of use or application than the proposed source, and that are technically and economically feasible for the proposed transport and use.

(c) All economically and technically feasible alternatives to the proposed source, including, but not limited to, desalination, conservation, reuse of nonpotable reclaimed water and stormwater, and aquifer storage and recovery.

(d) The potential environmental impacts that may result from the transport and use of water from the proposed source, and the potential environmental impacts that may result from use of the other water sources identified in paragraphs (b) and (c).

(e) Whether existing and reasonably anticipated sources of water and conservation efforts are adequate to supply water for existing legal uses and reasonably anticipated future needs of the water supply planning region in which the proposed water source is located.

(f) Consultations with local governments affected by the proposed transport and use.

(g) The value of the existing capital investment in water-related infrastructure made by the applicant.

Where districtwide water supply assessments and regional water supply plans have been prepared pursuant to ss. 373.036 and 373.709, the governing board or the department shall use the applicable plans and assessments as the basis for its consideration of the applicable factors in this subsection.

(4) The governing board or the department, by regulation, may reserve from use by permit applicants, water in such locations and quantities, and for such seasons of the year, as in its judgment may be required for the protection of fish and wildlife or the public health and safety. Such reservations shall be subject to periodic review and revision in the light of changed conditions. However, all presently existing legal uses of water shall be protected so long as such use is not contrary to the public interest.

(5) In evaluating an application for consumptive use of water which proposes the use of an alternative water supply project as described in the regional water supply plan and provides reasonable assurances of the applicant’s capability to design, construct, operate, and maintain the project, the governing board or department shall presume that the alternative water supply use is consistent with the public interest under paragraph (1)(c). However, where the governing board identifies the need for a multijurisdictional water supply entity or regional water supply authority to develop the alternative water supply project pursuant to s. 373.709(2)(a)2., the presumption shall be accorded only to that use proposed by such entity or authority. This subsection does not affect evaluation of the use pursuant to the provisions of paragraphs (1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and 373.233.

(6) A new consumptive use permit, or the renewal or modification of a consumptive use permit, that authorizes groundwater withdrawals of 100,000 gallons or more per day from a well with an inside diameter of 8 inches or more shall be monitored for water usage at intervals using methods determined by the applicable water management district, and the results of such monitoring shall be reported to the applicable water management district at least annually. The water management districts may adopt rules to implement this subsection. In lieu of the requirements of this subsection, a water management district may enforce rules that govern water usage monitoring in effect on July 1, 2016, or may adopt rules that are more stringent than this subsection.

History.—s. 3, part II, ch. 72-299; s. 10, ch. 73-190; s. 10, ch. 76-243; s. 35, ch. 85-81; s. 4, ch. 98-88; s. 6, ch. 2005-291; s. 15, ch. 2010-205; s. 31, ch. 2015-2; s. 10, ch. 2016-1; s. 37, ch. 2023-154.

F.S. 373.223 on Google Scholar

F.S. 373.223 on Casetext

Amendments to 373.223

Arrestable Offenses / Crimes under Fla. Stat. 373.223

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.223.

Annotations, Discussions, Cases:

Cases Citing Statute 373.223

Total Results: 12

Washington County v. Northwest Florida Water Management District

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-16T00:00:00-07:00

Citation: 85 So. 3d 1127, 2012 WL 879284

Snippet: apply for a water use permit pursuant to section 373.223, Florida Statutes. The permit applicant must establish…s consistent with the public interest." § 373.223(1), Fla. Stat. (2010). If the proposed water use…must consider seven additional criteria. See § 373.223(3)(a)-(g), Fla. Stat. (2010). A regional water …subsections (2) and (3), and ss. 373.2295 and 373.233. § 373.223(5), Fla. Stat. (2010). A substantially affected…alleged that the presumption provided for in section 373.223(5) and "priority funding attention" constitute

Marion County v. Greene

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-20T00:00:00-07:00

Citation: 5 So. 3d 775, 2009 Fla. App. LEXIS 2277, 2009 WL 722021

Snippet: language of section 373.223(3) of the Florida Statutes (2007) provides: 373.223 Conditions for a permit…Instead, section 373.223(2) of the Florida Statutes applies. That section states: 373.223 Conditions for…Medicine, 816 So.2d 1237 (Fla. 5th DCA 2002). Section 373.223(1) of the Florida Statutes sets forth the core …specifies the statutory conditions as follows: § 373.223 Conditions for permit. (1) To obtain a permit … (c) Is consistent with the public interest. § 373.223(1), Fla. Stat. (2007). These three requirements

Northwest Florida Water Management District v. Department of Community Affairs

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-10T00:00:00-07:00

Citation: 7 So. 3d 1129, 2009 Fla. App. LEXIS 2141

Snippet: authorizing transportation thereof pursuant to s. 373.223(2). (3) If any provision of Part II of the Florida

Ass'n of Fla. Community Developers v. Dep

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-11T23:53:00-08:00

Citation: 943 So. 2d 989

Snippet: contrary to the public interest. § 373.223(4), Fla. Stat. (2005). Section 373.223(4) provides DEP with a broad… use by permit applicants, pursuant to section 373.223(4), F.S., in such locations and quantities, and…does not enlarge, modify, or contravene section 373.223(4), Florida Statutes (2005), the specific law implemented

Thomas v. SOUTHWEST FLORIDA WATER MANAGEMENT DIST.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-18T23:53:00-08:00

Citation: 864 So. 2d 455

Snippet: authorizing transportation thereof pursuant to s. 373.223(2). *457 (3) If any provision of Part II of the

Southwest Florida Water Management Dist. v. Charlotte Cty.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-01-04T23:53:00-08:00

Citation: 774 So. 2d 903

Snippet: the provisions of this Chapter." Section 373.223(1), Florida Statutes (1995), states that to obtain…implementing the three-prong test under section 373.223(1). DEP maintains general supervisory authority…implementing the three-prong test outlined in section 373.223(1), the District promulgated rule 40D-2.301(1) …test to replace the three-prong test of section 373.223(1) and the two-prong test of section 373.226(2)…1972 Act, as has the three-prong test of section 373.223(1). As noted, prior to the Act, water rights were

Concerned Citizens v. St. Johns River Water

Court: Fla. Dist. Ct. App. | Date Filed: 1993-07-23T00:53:00-07:00

Citation: 622 So. 2d 520

Snippet: authorizing transportation thereof pursuant to s. 373.223(2). (3) If any provision of Part II of the Florida

City of Sunrise v. South Florida Water Management District

Court: Fla. Dist. Ct. App. | Date Filed: 1993-02-24T00:00:00-08:00

Citation: 615 So. 2d 746, 1993 Fla. App. LEXIS 2147, 1993 WL 46126

Snippet: interest within the zone of protection of section 373.223, Florida Statutes, the permitting statute. Sometime

Harloff v. City of Sarasota

Court: Fla. Dist. Ct. App. | Date Filed: 1991-02-19T23:53:00-08:00

Citation: 575 So. 2d 1324

Snippet: (c) Is consistent with the public interest. § 373.223, Fla. Stat. (1989). A "reasonable-beneficial…2d DCA 1990). The factors described in section 373.223 and in the definition of "reasonable-beneficial

Osceola Cty. v. ST. JOHNS RIVER WATER MANAG.

Court: Fla. | Date Filed: 1987-02-25T23:53:00-08:00

Citation: 504 So. 2d 385

Snippet: harmful to the water resources of the area. Section 373.223 sets out the conditions for the issuance of such…consistent with the public interest pursuant to Section 373.223, Florida Statutes, the Districts should consider…authorizing transfers between districts in section 373.223(2): The governing board or the department may authorize…quot;consistent with the public interest." § 373.223(1)(c), Fla. Stat. (1985). Osceola County, while

Osceola Cty. v. St. Johns River Water Mgt. Dist.

Court: Fla. Dist. Ct. App. | Date Filed: 1986-03-05T23:53:00-08:00

Citation: 486 So. 2d 616

Snippet: permits for consumptive use of water. Section 373.223(2), Florida Statutes (1985), provides for transfers…consistent with the public interest pursuant to Section 373.223, Florida Statutes, the Districts should consider…the watershed from which it is taken."[4] § 373.223(2), Fla. Stat. (1985). Political boundaries are…consistent with the public interest pursuant to section 373.223, Florida Statutes, the Districts should consider…watershed areas within the same district. Section 373.223(2), Florida Statutes (1983) provides: (2) The governing

City of St. Petersburg v. Southwest Fla. Water Management Dist.

Court: Fla. Dist. Ct. App. | Date Filed: 1977-10-12T00:53:00-07:00

Citation: 355 So. 2d 796

Snippet: Is consistent with the public interest. Section 373.223(1), Florida Statutes. A reasonable beneficial use