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Florida Statute 403.0891 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
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


Annotations, Discussions, Cases:

Cases Citing Statute 403.0891

Total Results: 8

City of Gainesville v. STATE, DOT

778 So. 2d 519, 2001 WL 209068

District Court of Appeal of Florida | Filed: Mar 5, 2001 | Docket: 1290355

Cited 31 times | Published

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

City of Gainesville v. State

863 So. 2d 138, 2003 WL 22052315

Supreme Court of Florida | Filed: Sep 4, 2003 | Docket: 1432208

Cited 16 times | Published

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

City of Key West v. Florida Keys Community College

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

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 2414874

Cited 10 times | Published

City's stormwater utility. Under the mandate of section 403.0891, Florida Statutes (2009), local governments

State v. Sarasota County

693 So. 2d 546, 1997 WL 213811

Supreme Court of Florida | Filed: May 1, 1997 | Docket: 435192

Cited 2 times | Published

facts of this case are as follows. Pursuant to section 403.0891, Florida Statutes, Sarasota County has been

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

District Court of Appeal of Florida | Filed: Feb 24, 2021 | Docket: 59678193

Published

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

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

District Court of Appeal of Florida | Filed: Jan 26, 2017 | Docket: 4574082

Published

“Florida 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.

179 So. 3d 426, 2015 Fla. App. LEXIS 16980, 2015 WL 7245219

District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 3011960

Published

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

City of Cocoa v. School Board of Brevard County

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

District Court of Appeal of Florida | Filed: Jun 5, 1998 | Docket: 64781231

Published

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