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Florida Statute 373.403 - Full Text and Legal Analysis
Florida Statute 373.403 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 373
WATER RESOURCES
View Entire Chapter
F.S. 373.403
373.403 Definitions.When appearing in this part or in any rule, regulation, or order adopted pursuant thereto, the following terms mean:
(1) “Dam” means any artificial or natural barrier, with appurtenant works, raised to obstruct or impound, or which does obstruct or impound, any of the surface waters of the state.
(2) “Appurtenant works” means any artificial improvements to a dam which might affect the safety of such dam or, when employed, might affect the holding capacity of such dam or of the reservoir or impoundment created by such dam.
(3) “Impoundment” means any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth’s surface and having a discernible shoreline.
(4) “Reservoir” means any artificial or natural holding area which contains or will contain the water impounded by a dam.
(5) “Works” means all artificial structures, including, but not limited to, ditches, canals, conduits, channels, culverts, pipes, and other construction that connects to, draws water from, drains water into, or is placed in or across the waters in the state.
(6) “Closed system” means any reservoir or works located entirely within agricultural lands owned or controlled by the user and which requires water only for the filling, replenishing, and maintaining the water level thereof.
(7) “Alter” means to extend a dam or works beyond maintenance in its original condition, including changes which may increase or diminish the flow or storage of surface water which may affect the safety of such dam or works.
(8) “Maintenance” or “repairs” means remedial work of a nature as may affect the safety of any dam, impoundment, reservoir, or appurtenant work or works, but excludes routine custodial maintenance.
(9) “Drainage basin” means a subdivision of a watershed.
(10) “Stormwater management system” means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use, or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system.
(11) “State water quality standards” means water quality standards adopted pursuant to chapter 403.
(12) “Watershed” means the land area which contributes to the flow of water into a receiving body of water.
(13) “Dredging” means excavation, by any means, in surface waters or wetlands, as delineated in s. 373.421(1). It also means the excavation, or creation, of a water body which is, or is to be, connected to surface waters or wetlands, as delineated in s. 373.421(1), directly or via an excavated water body or series of water bodies.
(14) “Filling” means the deposition, by any means, of materials in surface waters or wetlands, as delineated in s. 373.421(1).
(15) “Estuary” means a semienclosed, naturally existing coastal body of water which has a free connection with the open sea and within which seawater is measurably diluted with fresh water derived from riverine systems.
(16) “Lagoon” means a naturally existing coastal zone depression which is below mean high water and which has permanent or ephemeral communications with the sea, but which is protected from the sea by some type of naturally existing barrier.
(17) “Seawall” means a manmade wall or encroachment, except riprap, which is made to break the force of waves and to protect the shore from erosion.
(18) “Ecological value” means the value of functions performed by uplands, wetlands, and other surface waters to the abundance, diversity, and habitats of fish, wildlife, and listed species. These functions include, but are not limited to, providing cover and refuge; breeding, nesting, denning, and nursery areas; corridors for wildlife movement; food chain support; and natural water storage, natural flow attenuation, and water quality improvement, which enhances fish, wildlife, and listed species utilization.
(19) “Mitigation bank” means a project permitted under s. 373.4136 undertaken to provide for the withdrawal of mitigation credits to offset adverse impacts authorized by a permit under this part.
(20) “Mitigation credit” means a standard unit of measure which represents the increase in ecological value resulting from restoration, enhancement, preservation, or creation activities.
(21) “Mitigation service area” means the geographic area within which mitigation credits from a mitigation bank may be used to offset adverse impacts of activities regulated under this part.
(22) “Offsite regional mitigation” means mitigation on an area of land off the site of an activity permitted under this part, where an applicant proposes to mitigate the adverse impacts of only the applicant’s specific activity as a requirement of the permit, which provides regional ecological value, and which is not a mitigation bank permitted under s. 373.4136.
History.s. 1, part IV, ch. 72-299; s. 18, ch. 73-190; s. 4, ch. 80-259; s. 1, ch. 82-101; s. 11, ch. 89-279; s. 28, ch. 93-213; s. 4, ch. 96-371.

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Amendments to 373.403


Annotations, Discussions, Cases:

Cases Citing Statute 373.403

Total Results: 7

Church of Jesus Christ v. St. Johns Riv. Wat.

489 So. 2d 59

District Court of Appeal of Florida | Filed: Apr 3, 1986 | Docket: 1528819

Cited 3 times | Published

replenishing, and maintaining the water level thereof." § 373.403(6), Fla. Stat. (1983). The trial court granted

A. Duda & Sons, Inc. v. St. Johns River Water Management District

17 So. 3d 738, 2009 Fla. App. LEXIS 9759, 2009 WL 2067373

District Court of Appeal of Florida | Filed: Jul 17, 2009 | Docket: 1644483

Cited 2 times | Published

placed in or across the waters in the state." § 373.403(5), Fla. Stat. (2007). However, the Legislature

BLUEFIELD RANCH MITIGATION, ETC. v. SO. FLA. WATER MANAGEMENT DISTRICT and FLA. DEPT. OF TRANSPORTATION

263 So. 3d 125

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8109851

Published

adverse impacts within the bank’s service area. See § 373.403(20), (21), Fla. Stat. A mitigation bank sells

Barnes v. District Board of Trustees

147 So. 3d 102, 2014 WL 3906856, 2014 Fla. App. LEXIS 12388

District Court of Appeal of Florida | Filed: Aug 12, 2014 | Docket: 60243052

Published

quantity and quality of discharges from the system. § 373.403(10), Fla. Stat. (added by ch. 89-279, § 11, Laws

St. Johns River Water Management District v. Molica

83 So. 3d 765, 2011 Fla. App. LEXIS 13029, 2011 WL 3627412

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 60306495

Published

works, or works as those terms are defined in Section 373[.]403, Florida Statutes, and as those words are

Southwest Florida Water Management District v. Nanz

642 So. 2d 1084, 19 Fla. L. Weekly Supp. 470, 1994 Fla. LEXIS 1475, 1994 WL 525901

Supreme Court of Florida | Filed: Sep 29, 1994 | Docket: 64751007

Published

relate to a stormwater management system. See § 373.403, Fl.Stat. (1989). . To illustrate how a district

Pal-Mar Water Management District v. Board of County Commissioners

384 So. 2d 232, 1980 Fla. App. LEXIS 16263

District Court of Appeal of Florida | Filed: May 28, 1980 | Docket: 64576462

Published

project are not a closed system as defined in Section 373.403(6) Florida Statutes and, therefore, are not