Florida Statutes

Fla. Stat. § 403.0891 (2025)

State, regional, and local stormwater management plans and programs.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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403.0891 State, regional, and local stormwater management plans and programs.—The department, the water management districts, and local governments shall have the responsibility for the development of mutually compatible stormwater management programs.

(1) The department shall include goals in the water resource implementation rule for the proper management of stormwater.

(2) Each water management district to which the state’s stormwater management program is delegated shall establish district and, where appropriate, watershed or drainage basin stormwater management goals which are consistent with the goals adopted by the state and with plans adopted pursuant to ss. 373.451-373.4595, the Surface Water Improvement and Management Act.

(3)(a) Each local government required by chapter 163 to submit a comprehensive plan, whose plan is submitted after July 1, 1992, and the others when updated after July 1, 1992, in the development of its stormwater management program described by elements within its comprehensive plan shall consider the water resource implementation rule, district stormwater management goals, plans approved pursuant to the Surface Water Improvement and Management Act, ss. 373.451-373.4595, and technical assistance information provided by the water management districts pursuant to s. 373.711.

(b) Local governments are encouraged to consult with the water management districts, the Department of Transportation, and the department before adopting or updating their local government comprehensive plan or public facilities report as required by s. 189.08, whichever is applicable.

(4) The department, in coordination and cooperation with water management districts and local governments, shall conduct a continuing review of the costs of stormwater management systems and the effect on water quality and quantity, and fish and wildlife values. The department, the water management districts, and local governments shall use the review for planning purposes and to establish priorities for watersheds and stormwater management systems which require better management and treatment of stormwater with emphasis on the costs and benefits of needed improvements to stormwater management systems to better meet needs for flood protection and protection of water quality, and fish and wildlife values.

(5) The results of the review shall be maintained by the department and the water management districts and shall be provided to appropriate local governments or other parties on request. The results also shall be used in the development of the goals developed pursuant to subsections (1) and (2).

(6) The department and the Department of Commerce, in cooperation with local governments in the coastal zone, shall develop a model stormwater management program that could be adopted by local governments. The model program must contain model ordinances that target nutrient reduction practices and use green infrastructure. The model program shall contain dedicated funding options, including a stormwater utility fee system based upon an equitable unit cost approach. Funding options shall be designed to generate capital to retrofit existing stormwater management systems, build new treatment systems, operate facilities, and maintain and service debt.

History.—s. 15, ch. 86-186; s. 32, ch. 89-279; s. 73, ch. 93-206; s. 367, ch. 94-356; s. 25, ch. 97-160; s. 23, ch. 2010-205; s. 62, ch. 2012-96; s. 86, ch. 2014-22; s. 20, ch. 2020-150; s. 125, ch. 2024-6.

Notes of Decisions

Cited in 9 cases, 1997–2017 · leading case: City of Gainesville v. STATE, DOT, 778 So. 2d 519 (Fla. 1st DCA 2001).

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City of Gainesville v. STATE, DOT, 778 So. 2d 519 (Fla. 1st DCA 2001). · cites it 4× “(codified at § 403.0891, Fla.Stat. (1989)). Eventually, a statute was enacted which, like the constitution, antecedent general law, and the special act, authorizes the City to construct, operate and finance a stormwater management utility.”

City of Gainesville v. State, 863 So. 2d 138 (Fla. 2003). · cites it 5× “(2002); § 403.0891, Fla. Stat. (2002). To fund such programs, local governments may "[c]reate one or more stormwater utilities and adopt stormwater utility fees sufficient to plan, construct, operate, and maintain stormwater management systems set out in the local program…”

City of Key West v. Florida Keys Cmty. Coll., 81 So. 3d 494 (Fla. 3d DCA 2012). · cites it 2× “0891, Florida Statutes (2009), local governments, including the City, are required to develop stormwater programs that are compatible with those developed by the Department of Environmental Protection and other local governmental entities.”

Whorton v. Malone, 549 S.E.2d 57 (W. Va. 2001). “Florida has a similar provision, which may be found at Fla. Stat. Ann. §§ 403.0891 through 403.0896 (1989).”

City of Key West v. Key West Golf Club Homeowners' Assoc. Inc., 228 So. 3d 1150 (Fla. 3d DCA 2017). · cites it 2× “See §§ 403.0891, .0893, 163.3202(d), Fla. Stat.”

State v. Sarasota Cnty., 693 So. 2d 546 (Fla. 1997). · cites it 2× “Pursuant to section 403.0891, Florida Statutes, Sarasota County has been developing and refining a stormwater management program since the late 1980s.”

City of Cocoa v. Sch. Bd. of Brevard Cnty., 711 So. 2d 1322 (Fla. 5th DCA 1998). · cites it 2× “§ 403.0891, Fla. Stat. (1989). To help meet this obligation, local governments were empowered to create a stormwater utility or utilities.”

City of Key West v. Key West Golf Club Homeowners' Assoc. Inc. (Fla. 3d DCA 2017). · cites it 4× “” Section 403.0891 requires local governments to develop stormwater management programs.”

City of Fort Pierce v. Australian Props., LLC WTC, LLC Ted Glasrud Assocs. FL, LLC William D. McKnight & Kathryn A. McKnight, etc., 179 So. 3d 426 (Fla. 4th DCA 2015). · cites it 2× “§ 403.0891, Fla. Stat. . (2014). Section 403.”

— 403.0891(3) — 2 cases

City of Key West v. Key West Golf Club Homeowners' Assoc. Inc., 228 So. 3d 1150 (Fla. 3d DCA 2017). “See §§ 403.0891, .0893, 163.3202(d), Fla. Stat.”

City of Key West v. Key West Golf Club Homeowners' Assoc. Inc. (Fla. 3d DCA 2017). “” Section 403.0891 requires local governments to develop stormwater management programs.”

— 403.0891(6) — 1 case

City of Gainesville v. State, 863 So. 2d 138 (Fla. 2003). “(2002); § 403.0891, Fla. Stat. (2002). To fund such programs, local governments may "[c]reate one or more stormwater utilities and adopt stormwater utility fees sufficient to plan, construct, operate, and maintain stormwater management systems set out in the local program…”

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