Florida Statute 373.226 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 373.226

Total Results: 3

Southwest Florida Water Management Dist. v. Charlotte Cty.

Court: District Court of Appeal of Florida | Date Filed: 2001-01-05

Citation: 774 So. 2d 903, 2001 WL 10391

Snippet: section 373.223(1) and the two-prong test of section 373.226(2), Florida Statutes (1995). We affirm the ALJ's

Village of Tequesta v. Jupiter Inlet Corp.

Court: Supreme Court of Florida | Date Filed: 1979-05-03

Citation: 371 So. 2d 663, 1979 Fla. LEXIS 4668

Snippet: § 373.226(3) Fla. Stat. (1973). In order to qualify for the initial permit under section 373.226(2)

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

Court: District Court of Appeal of Florida | Date Filed: 1977-10-12

Citation: 355 So. 2d 796

Snippet: was in accordance with the common law. Section 373.226(2), Florida Statutes. At common law a landowner