The 2023 Florida Statutes (including Special Session C)

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 Economic Opportunity, 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.

F.S. 403.0891 on Google Scholar

F.S. 403.0891 on Casetext

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 from cite.case.law:

CITY OF KEY WEST, v. KEY WEST GOLF CLUB HOMEOWNERS, 228 So. 3d 1150 (Fla. Dist. Ct. App. 2017)

. . . See §§ 403.0891, .0893, 163.3202(d), Fla. Stat. (2001). . . . See §§ 403.0891(3), .031(17); Fla. Admin. Code R. 62-40.431(3). . . . method, noting that the .legislature acts within its discretion when setting rates and that “[sjection 403.0891 . . .

CITY OF FORT PIERCE, v. AUSTRALIAN PROPERTIES, LLC WTC, LLC FL, LLC D. A., 179 So. 3d 426 (Fla. Dist. Ct. App. 2015)

. . . . § 403.0891, Fla. Stat. . (2014). . . .

CITY OF KEY WEST, v. FLORIDA KEYS COMMUNITY COLLEGE,, 81 So. 3d 494 (Fla. Dist. Ct. App. 2012)

. . . In 2001, pursuant to the authority derived from sections 403.0891 and 408.0893, Florida Statutes, the . . . Under the mandate of section 403.0891, Florida Statutes (2009), local governments, including the City . . . operate, and maintain stormwater management systems set out in the local program required pursuant to s.403.0891 . . .

CITY OF GAINESVILLE, v. STATE, 863 So. 2d 138 (Fla. 2003)

. . . Stat. (2002); § 403.0891, Fla. Stat. (2002). . . . operate, and maintain stormwater management systems set out in the local program required pursuant to s. 403.0891 . . . Section 403.0891(6), Florida Statutes, expressly authorizes this method of apportioning cost. . . . Section 403.0891(6) requires that agencies and local governments develop a model stormwater management . . .

CITY OF GAINESVILLE, v. STATE DEPARTMENT OF TRANSPORTATION,, 778 So. 2d 519 (Fla. Dist. Ct. App. 2001)

. . . (codified at § 403.0891, Fla.Stat. (1989)). . . . See § 403.0891, Fla.Stat. (2000) (“[LJocal governments shall have the responsibility for the development . . . and maintain stormwater management systems called for in the local program required pursuant to s. 403.0891 . . .

ATLANTIC GULF COMMUNITIES CORPORATION, a v. CITY OF PORT ST. LUCIE, a, 764 So. 2d 14 (Fla. Dist. Ct. App. 1999)

. . . operate, and maintain stormwater management systems set out- in the local program required pursuant to s. 403.0891 . . .

CITY OF COCOA, v. SCHOOL BOARD OF BREVARD COUNTY,, 711 So. 2d 1322 (Fla. Dist. Ct. App. 1998)

. . . . § 403.0891, Fla. Stat. (1989). . . .

STATE v. SARASOTA COUNTY,, 693 So. 2d 546 (Fla. 1997)

. . . Pursuant to section 403.0891, Florida Statutes, Sarasota County has been developing and refining a stormwater . . .