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Florida Statute 373.313 - Full Text and Legal Analysis Florida Statute 373.313 | Lawyer Caselaw & Research
Fla. Stat. § 373.313 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
373.313 Prior permission and notification.—
(1) Taking into consideration other applicable state laws, in any geographical area where the department determines such permission to be reasonably necessary to protect the groundwater resources, prior permission shall be obtained from the department for each of the following:
(a) The construction of any water well;
(b) The repair of any water well; or
(c) The abandonment of any water well.

However, in any area where undue hardship might arise by reason of such requirement, prior permission will not be required.

(2) The department shall be notified of any of the following whenever prior permission is not required:
(a) The construction of any water well;
(b) The repair of any water well; or
(c) The abandonment of any water well.
History.—s. 4, part III, ch. 72-299.

Cases Citing F.S. 373.313

Fla. Stat. § 373.313 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Kaplan v. Peterson, 674 So. 2d 201 (Fla. 5th DCA 1996).

Cited 7 times | Published | Florida 5th District Court of Appeal | 1996 WL 283690

...1365(e) provides: Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any effluent standard of limitation or to seek any other relief (including relief against the Administrator or a State agency). The Florida law, section 373.313(3) provides: Notwithstanding any other provision of law, nothing ......
0 red1 yellow4 green1 procedural
Declined to followMorgan (2000)
phrase: "refused to follow"
Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2011)
phrase: "rule_authority"
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·Cal. Fin., LLC v. Perdido Land Dev. Co., 303 F. Supp. 3d 1306 (M.D. Fla. 2017).

Cited 1 times | Published | District Court, M.D. Florida

...466 , 469 (E.D.N.Y 1989) (holding that "as is" clause did not bar an action to recover hazardous waste cleanup costs). Although these cases both dealt with violations of the federal Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), at least one Florida court has held that § 373.313 was modeled after CERCLA and should be given the same interpretation as CERCLA. Gen. Dynamics v. Brottem , 53 So.3d 334 , 337 (Fla. 5th DCA 2010). Since several federal courts have held that CERCLA claims are not barred by "as is" clauses, then it stands to reason that "as is" clauses should not bar claims brought under § 373.313....
...of the Property. Defendants cannot now hide behind the doctrine of caveat emptor for their alleged failure to fully remediate the contamination of PCE on the Property. Second, the legislature intended to limit the defenses to a cause of action under § 373.313 to those specified in the statute....
...ove negligence in any form or manner. Such person need only plead and prove the fact of the prohibited discharge or other pollutive condition and that it has occurred. The only defenses to such cause of action shall be those specified in s. 376.308. § 373.313(3)....
0 red0 yellow1 green0 procedural
Cited as authorityPinares (2023)
phrase: "rule_authority"
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This Florida statute resource is curated by the attorney maintaining this site, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.