Florida Statute 373.403 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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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.

F.S. 373.403 on Google Scholar

F.S. 373.403 on Casetext

Amendments to 373.403

Arrestable Offenses / Crimes under Fla. Stat. 373.403

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.403.

Annotations, Discussions, Cases:

Cases Citing Statute 373.403

Total Results: 9

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-31T00:53:00-07:00

Snippet: projects requiring a permit from the District. See §§ 373.403(19), .4136(1), Fla. Stat. At the time of receiving… impacts within the bank’s service area. See § 373.403(20), (21), Fla. Stat. A mitigation bank sells its

Barnes v. District Board of Trustees

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-12T00:00:00-07:00

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

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-19T00:00:00-07:00

Citation: 83 So. 3d 765

Snippet: those terms are defined in subsections 373[.]403(13) and 373[.]403(14), FS[J” [Rule] 40C-4[.]021(27), FAC…filling as defined in section 373.403(14), Florida Statutes. Section 373.403(14), Florida Statutes, defines… the parties.” The Molicas referenced sections 373.403, 373.406, 373.413, and 373.416, Florida Statutes…or works as those terms are defined in Section 373[.]403, Florida Statutes, and as those words are commonly…industry and as those terms are defined in Section 373[.]403, Florida Statutes .... 8[.] That this property

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

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-17T00:00:00-07:00

Citation: 17 So. 3d 738

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

Sierra Club v. ST. JOHNS RIVER WATER

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-12T00:53:00-07:00

Citation: 816 So. 2d 687

Snippet: within the same drainage basin as defined in s. 373.403(9), of: 1.(a) The activity for which the permit…), in the same drainage basin as defined in s. 373.403(9), based upon the comprehensive plans, adopted

Southwest Florida Water Management District v. Nanz

Court: Fla. | Date Filed: 1994-09-29T00:00:00-07:00

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

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 1986-04-02T23:53:00-08:00

Citation: 489 So. 2d 59

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-28T00:00:00-07:00

Citation: 384 So. 2d 232

Snippet: are not a closed system as defined in Section 373.403(6) Florida Statutes and, therefore, are not exempt…statutes in question in this appeal are Section 373.403(6), Florida Statutes (1977), which states: “Closed….62, Florida Statutes. As noted above, Section 373.403(6) provides that a “ ‘Closed system’ means any … its authority will not be challenged. Section 373.403(6) uses the wording, “owned or controlled by the

Seagate Condominium Association, Inc. v. Duffy

Court: Fla. Dist. Ct. App. | Date Filed: 1976-04-14T23:53:00-08:00

Citation: 330 So. 2d 484

Snippet: on Alienation Since Gray," 48 Harv.L.Rev. 373, 403 (1935); IV Restatement, Property, 2129-33, 2379