Florida Statute 403.0893 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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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.

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Amendments to 403.0893

Annotations, Discussions, Cases:

Cases Citing Statute 403.0893

Total Results: 14

Sarasota County v. Sarasota Church of Christ

667 So. 2d 180, 20 Fla. L. Weekly Supp. 600, 1995 Fla. LEXIS 2038, 1995 WL 752305

Supreme Court of Florida | Filed: Dec 21, 1995 | Docket: 454560

Cited 35 times | Published

reasonable relationship to benefits received. § 403.0893, Fla. Stat. (1987) (emphasis added).[6] Through

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

the adoption of stormwater utility fees. See § 403.0893(1), Fla.Stat. (2000). II. Whether a complaint

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

program required pursuant to s. 403.0891(3)." § 403.0893(1), Fla. Stat. (2002). A stormwater utility is

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

pursuant to the authority granted to the City by section 403.0893, which states, in pertinent part: In addition

City of Clearwater v. SCH. BD. OF PINELLAS

905 So. 2d 1051, 2005 Fla. App. LEXIS 11030, 2005 WL 1677935

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 1711749

Cited 6 times | Published

stormwater management utility in accordance with section 403.0893(1), Florida Statutes (1989). The utility is

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

764 So. 2d 14, 1999 WL 123532

District Court of Appeal of Florida | Filed: May 12, 1999 | Docket: 470359

Cited 5 times | Published

fee. The ordinance was passed pursuant to section 403.0893(1), Florida Statutes (1997), which authorized

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

are authorized to create stormwater utilities. § 403.0893, Fla. Stat. (2001). A “‘[s]tormwater utility’

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

stormwater management services as a utility under section 403.0893, Florida Statutes, and provided for the levy

Ago

Florida Attorney General Reports | Filed: Sep 24, 2008 | Docket: 3256132

Published

imposed by the City of Orlando pursuant to section 403.0893(1), Florida Statutes, could be charged against

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

to create a stormwater utility or utilities. § 403.0893(1), Fla. Stat. (1989). “Stormwater utility” was

Ago

Florida Attorney General Reports | Filed: Oct 2, 1997 | Docket: 3258019

Published

Stormwater Management Utility Program pursuant to section 403.0893, Florida Statutes, be lawfully levied against

Key Colony No. 1 Condominium Ass'n v. Village of Key Biscayne

651 So. 2d 779, 1995 Fla. App. LEXIS 2277, 1995 WL 91913

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 64754868

Published

fund a stormwater *780utility. See generally § 403.0893, Pla.Stat. (1993). The appellants claimed that

Ago

Florida Attorney General Reports | Filed: Apr 25, 1991 | Docket: 3257594

Published

based upon the board's use of the system. Section 403.0893(1), F.S., authorizes a municipality to [c]reate

Ago

Florida Attorney General Reports | Filed: Jun 20, 1990 | Docket: 3257458

Published

it is unnecessary to address this question. Section 403.0893, F.S., provides a funding mechanism for local