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Florida Statute 373.439 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 373
WATER RESOURCES
View Entire Chapter
F.S. 373.439
373.439 Emergency measures.
(1) The executive director, with the concurrence of the governing board, or the department shall immediately employ any remedial means to protect life and property if either:
(a) The condition of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an order relative to maintenance or operation.
(b) Passing or imminent floods threaten the safety of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works.
(2) In applying the emergency measures provided for in this section, the executive director or the Department of Environmental Protection may in an emergency do any of the following:
(a) Lower the water level by releasing water from any impoundment or reservoir.
(b) Completely empty the impoundment or reservoir.
(c) Take such other steps as may be essential to safeguard life and property.
(3) The executive director or the Department of Environmental Protection shall continue in full charge and control of such stormwater management system, dam, impoundment, reservoir, and its appurtenant works until they are rendered safe or the emergency occasioning the action has ceased.
History.s. 12, part IV, ch. 72-299; s. 49, ch. 79-65; s. 22, ch. 89-279; s. 270, ch. 94-356.

F.S. 373.439 on Google Scholar

F.S. 373.439 on Casetext

Amendments to 373.439


Arrestable Offenses / Crimes under Fla. Stat. 373.439
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.439.



Annotations, Discussions, Cases:

Cases Citing Statute 373.439

Total Results: 1

Holley v. Mt. Zion Terrace Apartments, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1980-03-24T23:53:00-08:00

Citation: 382 So. 2d 98

Snippet: Apartment Corp., supra, 141 U.S.App. D.C. 370, 373, 439 F.2d 477, 480.) Accord, Ramsay v. Morrissette,