Florida Statute 373.409 | 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. 373.409

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.

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Amendments to 373.409

Arrestable Offenses / Crimes under Fla. Stat. 373.409

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

S373.409 - DAMAGE PROP - TAMPER WITH MEASURING DEVICE FOR WATER STORAGE - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 373.409

Total Results: 1

Booker Creek Pres., Inc. v. SW FLA. WATER MGT. DIST.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-09-22T00:53:00-07:00

Citation: 534 So. 2d 419

Snippet: impoundments, reservoirs, and appurtenant works (§ 373.409), to require permits for the construction or alteration…are necessary." §§ 373.413(1), 373.416(1), 373.409(1) Fla. Stat. Further, section 373.413(1) and 373.416