373.229
Application for permit.
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373.229 Application for permit.—
(1) All permit applications filed with the governing board or the department under this part and notice thereof required under s. 373.116 shall contain:
(a) The name of the applicant and his or her address or, in the case of a corporation, the address of its principal business office;
(b) The date of filing;
(c) The date set for a hearing, if any;
(d) The source of the water supply;
(e) The quantity of water applied for;
(f) The use to be made of the water and any limitation thereon;
(g) The place of use;
(h) The location of the well or point of diversion; and
(i) Such other information as the governing board or the department may deem necessary.
(2) The notice shall state that written objections to the proposed permit may be filed with the governing board or the department by a specified date. The governing board or the department, at its discretion, may request further information from either applicant or objectors, and a reasonable time shall be allowed for such responses.
(3) In addition to the information required in subsection (1), all permit applications filed with the governing board or the department which propose the transport and use of water across county boundaries shall include information pertaining to factors to be considered, pursuant to s. 373.223(3), unless exempt under s. 373.713(9).
(4) If the proposed application is for less than 100,000 gallons per day, the governing board or the department may consider the application and any objections thereto without a hearing. If the proposed application is for 100,000 gallons per day or more and no objection is received, the governing board or the department, after proper investigation by its staff, may, at its discretion, approve the application without a hearing.
History.—s. 5, part II, ch. 72-299; s. 13, ch. 73-190; s. 11, ch. 76-243; s. 1, ch. 77-174; s. 599, ch. 95-148; s. 5, ch. 98-88; s. 17, ch. 2010-205.
Notes of Decisions
Cited in 3
cases, 1977–2001 · leading case: Southwest Florida Water Management Dist. v. Charlotte Cty.
Southwest Florida Water Management Dist. v. Charlotte Cty. (2001)
“Section 373.229, which governs the WUP application procedure, including what information must be included in the application itself, has been in existence in substantially the same form since the date of the Act.”
City of St. Petersburg v. Southwest Fla. Water Management Dist. (1977)
“, Section 373.229, Florida Statutes. Water levels are included in the statute as an additional not an exclusive means to effect regulation.”
Middlebrooks v. St. Johns River Water Management District (1987)
“The only way the public notice interests envisioned by Section 373.229 and 373.116, Florida Statutes, can be adequately implemented in this case is to require the Petitioner to file a new application for a permit for the recreational use of water.”
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