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Florida Statute 373.226 | Lawyer Caselaw & Research
F.S. 373.226 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 373.226

The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 373
WATER RESOURCES
View Entire Chapter
F.S. 373.226
373.226 Existing uses.
(1) All existing uses of water, unless otherwise exempted from regulation by the provisions of this chapter, may be continued after adoption of this permit system only with a permit issued as provided herein.
(2) The governing board or the department shall issue an initial permit for the continuation of all uses in existence before the effective date of implementation of this part if the existing use is a reasonable-beneficial use as defined in s. 373.019 and is allowable under the common law of this state.
(3) Application for permit under the provisions of subsection (2) must be made within a period of 2 years from the effective date of implementation of these regulations in an area. Failure to apply within this period shall create a conclusive presumption of abandonment of the use, and the user, if he or she desires to revive the use, must apply for a permit under the provisions of s. 373.229.
History.s. 4, part II, ch. 72-299; s. 12, ch. 73-190; s. 598, ch. 95-148; s. 9, ch. 98-88.

F.S. 373.226 on Google Scholar

F.S. 373.226 on Casetext

Amendments to 373.226


Arrestable Offenses / Crimes under Fla. Stat. 373.226
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.226.



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 373.226(1) notes that all existing water uses, unless exempted, may be continued only with a . . . Section 373.226(2) states that the “governing board [of a water management district] or [DEP] shall issue . . . Section 373.226(3) states that an application for a permit under subsection (2) must be made within two . . . “[t]here appears to be no continuing rule in the statutory scheme for the two-prong test of section 373.226 . . . Reference in section 373.226 to whether a use was ‘allowable under the common law of the state’ tends . . .

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

. . . And Section 373.226, Florida Statutes, goes on to provide as follows with regard to existing uses: (1 . . . Application for the use at the campground was made at a time which made Section 373.226(2), Florida Statutes . . . application concerning the use at the swimming area, so Section 373.223, Florida Statutes, and not Section 373.226 . . . See Sec. 373.226(1) and (2), Fla. Stat. 19. . . . pursuant to the criteria in Section 373.223(1), Florida Statutes, rather than the criteria in Section 373.226 . . .

VILLAGE OF TEQUESTA, v. JUPITER INLET CORPORATION,, 371 So. 2d 663 (Fla. 1979)

. . . . § 373.226(3) Fla.Stat. (1973). . . . In order to qualify for the initial permit under section 373.226(2) Florida Statutes (1973), the right . . .

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

. . . Section 373.226(2), Florida Statutes. . . .