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Florida Statute 403.0893 | Lawyer Caselaw & Research
F.S. 403.0893 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 403.0893

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
F.S. 403.0893
403.0893 Stormwater funding; dedicated funds for stormwater management.In addition to any other funding mechanism legally available to local government to construct, operate, or maintain stormwater systems, a county or municipality may:
(1) Create 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 required pursuant to s. 403.0891(3);
(2) Establish and set aside, as a continuing source of revenue, other funds sufficient to plan, construct, operate, and maintain stormwater management systems set out in the local program required pursuant to s. 403.0891(3); or
(3) Create, alone or in cooperation with counties, municipalities, and special districts pursuant to the Interlocal Cooperation Act, s. 163.01, one or more stormwater management system benefit areas. All property owners within said area may be assessed a per acreage fee to fund the planning, construction, operation, maintenance, and administration of a public stormwater management system for the benefited area. Any benefit area containing different land uses which receive substantially different levels of stormwater benefits shall include stormwater management system benefit subareas which shall be assessed different per acreage fees from subarea to subarea based upon a reasonable relationship to benefits received. The fees shall be calculated to generate sufficient funds to plan, construct, operate, and maintain stormwater management systems called for in the local program required pursuant to s. 403.0891(3). For fees assessed pursuant to this section, counties or municipalities may use the non-ad valorem levy, collection, and enforcement method as provided for in chapter 197.
History.s. 16, ch. 86-186; s. 34, ch. 89-279.

F.S. 403.0893 on Google Scholar

F.S. 403.0893 on Casetext

Amendments to 403.0893


Arrestable Offenses / Crimes under Fla. Stat. 403.0893
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.0893.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Section 20-71 established stormwater management services as a utility under section 403.0893, Florida . . . Section 403.0893(1) allows counties and municipalities to create one or more stormwater -utilities and . . . different subareas different per acreage fees based upon a reasonable relationship to benefits received. § 403.0893 . . . use the non-ad valorem method to levy, collect, and enforce the fees assessed, pursuant to section 403.0893 . . . The SMU fee was a user fee established under section 403.0893(1). See City of Gainesville v. . . .

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

. . . established a stormwater utility and utility fees, pursuant to the authority granted to the City by section 403.0893 . . .

CITY OF CLEARWATER, v. SCHOOL BOARD OF PINELLAS COUNTY,, 905 So. 2d 1051 (Fla. Dist. Ct. App. 2005)

. . . the City adopted an ordinance establishing a stormwater management utility in accordance with section 403.0893 . . . Under section 403.0893, Florida Statutes (1989-99), a local governmental entity may fund a stormwater . . . In this case, the City’s ordinance indicates that it acted under the authority of section 403.0893(1) . . .

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

. . . .” § 403.0893(1), Fla. Stat. (2002). . . . See generally § 403.0893, Fla. Stat. (2002). . . . Compare § 403.0893(1) (authorizing the creation of a stormwater utility and the imposition of stormwater . . . Although section 403.0893(3), Florida Statutes, authorizes special assessments, the City has not followed . . . Rather, the City has established a storm-water utility under section 403.0893(1) and has imposed utility . . .

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

. . . See § 403.0893(1), Fla.Stat. (2000). II. . . . utility fees sufficient to plan, construct, operate, and maintain stormwater management systems.” § 403.0893 . . . Section 403.0893, Florida Statutes (2000), provides as follows: In addition to any other funding mechanism . . .

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

. . . The ordinance was passed pursuant to section 403.0893(1), Florida Statutes (1997), which authorized the . . . Section 403.0893 contains three subsections. . . . may use the non-ad valorem levy, collection, and enforcement method as provided for in chapter 197. § 403.0893 . . . The use of the term “section” refers to section 403.0893 in its entirety, and not just to the paragraph . . . Section 403.0893 permits the City to use the non-ad valorem levy, collection, and enforcement method . . .

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

. . . . § 403.0893(1), Fla. Stat. (1989). . . . stormwater utility fees to “plan, construct, operate and maintain” stormwater management systems. § 403.0893 . . .

SARASOTA COUNTY, v. SARASOTA CHURCH OF CHRIST, INC., 667 So. 2d 180 (Fla. 1995)

. . . . § 403.0893, Fla.Stat. (1987) (emphasis added). . . . this method of apportionment, the County has followed the statutory directives set forth in section 403.0893 . . . In 1989, section 403.0893 was amended to specifically provide that fees assessed for storm-water management . . .

KEY COLONY NO. CONDOMINIUM ASSOCIATION, INC. v. VILLAGE OF KEY BISCAYNE,, 651 So. 2d 779 (Fla. Dist. Ct. App. 1995)

. . . See generally § 403.0893, Pla.Stat. (1993). . . .