Florida Statute 403.0891 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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F.S. 403.0891

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.

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Amendments to 403.0891

Arrestable Offenses / Crimes under Fla. Stat. 403.0891

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.0891.

Annotations, Discussions, Cases:

Cases Citing Statute 403.0891

Total Results: 13

THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA v. THE CITY OF MIAMI BEACH, FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-02-24

Snippet: local program required pursuant to [section] 403.0891(3).” City of Gainesville v. State, 863 So. 2d

City of Key West v. Key West Golf Club Homeowners' Assoc. Inc.

Court: District Court of Appeal of Florida | Date Filed: 2017-05-31

Citation: 228 So. 3d 1150, 2017 WL 2350129

Snippet: in order to fund stormwater management. See §§ 403.0891, .0893, 163.3202(d), Fla. Stat. (2001). The purpose

City of Key West v. Key West Golf Club Homeowners' Assoc. Inc.

Court: District Court of Appeal of Florida | Date Filed: 2017-01-26

Snippet: Air and Water Pollution Control Act.” Section 403.0891 requires local governments to develop stormwater

City of Fort Pierce v. Australian Properties, LLC WTC, LLC Ted Glasrud Associates FL, LLC William D. McKnight and Kathryn A. McKnight, etc.

Court: District Court of Appeal of Florida | Date Filed: 2015-11-12

Citation: 179 So. 3d 426, 2015 Fla. App. LEXIS 16980

Snippet: developing compatible stormwater management programs. § 403.0891, Fla. Stat. . (2014). Section 403.0893(1) allows

City of Key West v. Florida Keys Community College

Court: District Court of Appeal of Florida | Date Filed: 2012-01-18

Citation: 81 So. 3d 494, 2012 Fla. App. LEXIS 519, 2012 WL 126858

Snippet: pursuant to the authority derived from sections 403.0891 and 403.0893, Florida Statutes, the City enacted

City of Gainesville v. State

Court: Supreme Court of Florida | Date Filed: 2003-09-04

Citation: 863 So. 2d 138, 2003 WL 22052315

Snippet: programs. § 163.3202(2)(d), Fla. Stat. (2002); § 403.0891, Fla. Stat. (2002). To fund such programs, local

City of Gainesville v. STATE, DOT

Court: District Court of Appeal of Florida | Date Filed: 2001-03-05

Citation: 778 So. 2d 519, 2001 WL 209068

Snippet: § 32, at 1626-27, Laws of Fla. (codified at § 403.0891, Fla.Stat. (1989)). Eventually, a statute was

Atlantic Gulf Communities Corporation v. City of Port St. Lucie

Court: District Court of Appeal of Florida | Date Filed: 1999-05-12

Citation: 764 So. 2d 14, 1999 WL 123532

Snippet: out in the local program required pursuant to s. 403.0891(3). Section 403.031(17), Florida Statutes (1997)

City of Cocoa v. School Board of Brevard County

Court: District Court of Appeal of Florida | Date Filed: 1998-06-05

Citation: 711 So. 2d 1322, 1998 Fla. App. LEXIS 6511, 1998 WL 288284

Snippet: Cocoa to develop stormwater management plans. § 403.0891, Fla. Stat. (1989). To help meet this obligation

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-10-02

Snippet: out in the local program required pursuant to s. 403.0891(3)." The statute provides that "[a]ll property

State v. Sarasota County

Court: Supreme Court of Florida | Date Filed: 1997-05-01

Citation: 693 So. 2d 546, 1997 WL 213811

Snippet: this case are as follows. Pursuant to section 403.0891, Florida Statutes, Sarasota County has been developing

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-04-25

Snippet: out in the local program required pursuant to s. 403.0891(3). In AGO 90-47, this office considered whether

Ago

Court: Florida Attorney General Reports | Date Filed: 1990-06-20

Snippet: out in the local program required pursuant to s. 403.0891(3); * * * (3) Create, alone or in cooperation