Florida Statutes
Fla. Stat. § 373.233 (2025)
Competing applications.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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373.233 Competing applications.—
(1) If two or more applications that otherwise comply with the provisions of this part are pending for a quantity of water that is inadequate for both or all, or that for any other reason are in conflict, and the water management district or department has deemed the applications complete, the water management district or the department has the right to approve or modify the application that best serves the public interest.
(2)(a) If two or more competing applications qualify equally under subsection (1), the governing board or the department shall give preference to a renewal application over an initial application.
(b) If two or more competing applications qualify equally under subsection (1) and none of the competing applications is a renewal application, the governing board or the department shall give preference to the application for the use where the source is nearest to the area of use or application consistent with s. 373.016(4)(a).
Notes of Decisions
Cited in 1
case, 1991–1991 · leading case: Harloff v. City of Sarasota, 575 So. 2d 1324 (Fla. 2d DCA 1991).
Harloff v. City of Sarasota, 575 So. 2d 1324 (Fla. 2d DCA 1991). “§ 373.233, Fla. Stat. (1989). If the City seeks additional water in 1991, for example, Mr.”
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