Florida Statutes

Fla. Stat. § 373.409 (2025)

Headgates, valves, and measuring devices.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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373.409 Headgates, valves, and measuring devices.—

(1) The department or the governing board may, by regulation, require the owner of any dam, impoundment, reservoir, appurtenant work, or works subject to the provisions of this part to install and maintain a substantial and serviceable headgate or valve at the point designated by the department or the governing board to measure the water discharged or diverted.

(2) If any owner shall not have constructed or installed such headgate or valve or such measuring device within 60 days after the governing board or department has ordered its construction, the governing board or department shall have such headgate, valve, or measuring device constructed or installed, and the costs of installing the headgate, valve, or measuring device shall be a lien against the owner’s land upon which such installation takes place until the governing board or department is reimbursed in full.

(3) No person shall alter or tamper with a measuring device so as to cause it to register other than the actual amount of water diverted, discharged, or taken. Violation of this subsection shall be a misdemeanor of the second degree, punishable under s. 775.082(4)(b).

History.—s. 3, part IV, ch. 72-299; s. 28, ch. 87-225; s. 49, ch. 91-221.

Arrestable Offenses under F.S. 373.409

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§373.409DAMAGE PROPTAMPER WITH MEASURING DEVICE FOR WATER STORAGEM · 2nd

Notes of Decisions

Cited in 1 case, 1988–1988 · leading case: Booker Creek Pres., Inc. v. SW FLA. WATER MGT. DIST., 534 So. 2d 419 (Fla. 5th DCA 1988).

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Booker Creek Pres., Inc. v. SW FLA. WATER MGT. DIST., 534 So. 2d 419 (Fla. 5th DCA 1988). “As part of its enforcement tools, the District was empowered to measure and regulate dams, impoundments, reservoirs, and appurtenant works (§ 373.409), to require permits for the construction or alteration (§ 373.”

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