Florida Statutes
Fla. Stat. § 403.0893 (2025)
Stormwater funding; dedicated funds for stormwater management.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 10
cases, 1995–2017 · leading case: City of Gainesville v. State, 863 So. 2d 138 (Fla. 2003).
City of Gainesville v. State, 863 So. 2d 138 (Fla. 2003). “0893(3) and therefore does not technically establish a stormwater utility. Compare § 403.0893(1) (authorizing the creation of a stormwater utility and the imposition of stormwater utility fees), with § 403.”
City of Gainesville v. STATE, DOT, 778 So. 2d 519 (Fla. 1st DCA 2001). “0893, Florida Statutes (2000), provides as follows: In addition to any other funding mechanism legally available to local government to construct, operate, or maintain stormwater systems, a county or municipality may: . . . . (3) Create, alone or in cooperation with counties,…”
Sarasota Cnty. v. Sarasota Church of Christ, 667 So. 2d 180 (Fla. 1995). “§ 403.0893, Fla. Stat. (1987) (emphasis added).”
Atl. Gulf Communities Corp. v. City of Port St. Lucie, 764 So. 2d 14 (Fla. 4th DCA 1999). “§ 403.0893, Fla. Stat. (1997) (emphasis supplied).”
City of Clearwater v. SCH. BD. OF PINELLAS, 905 So. 2d 1051 (Fla. 2d DCA 2005). “Under section 403.0893, Florida Statutes (1989-99), a local governmental entity may fund a stormwater management program through the use of user fees or special assessments.”
City of Key West v. Florida Keys Cmty. Coll., 81 So. 3d 494 (Fla. 3d DCA 2012). “01-06, which established a stormwater utility and utility fees, pursuant to the authority granted to the City by section 403.0893, which states, in pertinent part: In addition to any other funding mechanism legally available to local government to construct, operate, or maintain…”
City of Cocoa v. Sch. Bd. of Brevard Cnty., 711 So. 2d 1322 (Fla. 5th DCA 1998). “§ 403.0893(1), Fla. Stat. (1989). “Stormwater utility” was defined as follows: “Stormwater utility” means the funding of a stormwater management program by assessing the cost of the program to the beneficiaries based on their relative contribution to its need.”
City of Fort Pierce v. Australian Props., LLC WTC, LLC Ted Glasrud Assocs. FL, LLC William D. McKnight & Kathryn A. McKnight, etc., 179 So. 3d 426 (Fla. 4th DCA 2015). “Section 20-71 established stormwater management services as a utility under section 403.0893, Florida Statutes, and provided for the levy of fees “against all property in the city in proportion to the property’s contribution to the stormwater runoff as determined by the…”
City of Key West v. Key West Golf Club Homeowners' Assoc. Inc. (Fla. 3d DCA 2017). “§ 403.0893, Fla. Stat. (2001). A “‘[s]tormwater utility’ means the funding of a stormwater management program by assessing the cost of the program to the beneficiaries based on their relative contribution to its need.”
Key Colony No. 1 Condo. Ass'n v. Vill. of Key Biscayne, 651 So. 2d 779 (Fla. 3d DCA 1995). “See generally § 403.0893, Pla.Stat. (1993). The appellants claimed that Village ordinance 93-11 violated Florida Statute section 403.”
— 403.0893(1) — 6 cases
City of Gainesville v. STATE, DOT, 778 So. 2d 519 (Fla. 1st DCA 2001). “0893, Florida Statutes (2000), provides as follows: In addition to any other funding mechanism legally available to local government to construct, operate, or maintain stormwater systems, a county or municipality may: . . . . (3) Create, alone or in cooperation with counties,…”
City of Gainesville v. State, 863 So. 2d 138 (Fla. 2003). “0893(3) and therefore does not technically establish a stormwater utility. Compare § 403.0893(1) (authorizing the creation of a stormwater utility and the imposition of stormwater utility fees), with § 403.”
City of Clearwater v. SCH. BD. OF PINELLAS, 905 So. 2d 1051 (Fla. 2d DCA 2005). “Under section 403.0893, Florida Statutes (1989-99), a local governmental entity may fund a stormwater management program through the use of user fees or special assessments.”
Atl. Gulf Communities Corp. v. City of Port St. Lucie, 764 So. 2d 14 (Fla. 4th DCA 1999). “§ 403.0893, Fla. Stat. (1997) (emphasis supplied).”
City of Cocoa v. Sch. Bd. of Brevard Cnty., 711 So. 2d 1322 (Fla. 5th DCA 1998). “§ 403.0893(1), Fla. Stat. (1989). “Stormwater utility” was defined as follows: “Stormwater utility” means the funding of a stormwater management program by assessing the cost of the program to the beneficiaries based on their relative contribution to its need.”
— 403.0893(2) — 1 case
Sarasota Cnty. v. Sarasota Church of Christ, 667 So. 2d 180 (Fla. 1995). “§ 403.0893, Fla. Stat. (1987) (emphasis added).”
— 403.0893(3) — 2 cases
City of Gainesville v. State, 863 So. 2d 138 (Fla. 2003). “0893(3) and therefore does not technically establish a stormwater utility. Compare § 403.0893(1) (authorizing the creation of a stormwater utility and the imposition of stormwater utility fees), with § 403.”
City of Fort Pierce v. Australian Props., LLC WTC, LLC Ted Glasrud Assocs. FL, LLC William D. McKnight & Kathryn A. McKnight, etc., 179 So. 3d 426 (Fla. 4th DCA 2015). “Section 20-71 established stormwater management services as a utility under section 403.0893, Florida Statutes, and provided for the levy of fees “against all property in the city in proportion to the property’s contribution to the stormwater runoff as determined by the…”
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