Florida Statute 403.812 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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F.S. 403.812

403.812 Dredge and fill permitting in stormwater management systems.—The department shall not require dredge and fill permits for stormwater management systems where such systems are located landward of the point of connection to waters of the state and are designed, constructed, operated, and maintained for stormwater treatment, flood attenuation, or irrigation. The waters within such systems, unless designed, constructed, operated, and maintained for in-water recreational uses, such as swimming and boating, shall not be considered waters of the state; however, if the system provides other incidental uses and is accessible to the public, then the department may require reasonable assurance that water quality within the system will not adversely impact public health, fish and wildlife in adjacent waters, or adjacent waters. The department shall not require dredge and fill permits for structures designed solely to connect stormwater management systems to waters of the state provided that the connection of such system to waters of the state is regulated pursuant to chapter 373. The department shall initiate rulemaking to implement the provisions of this section.

History.—s. 6, ch. 75-22; s. 68, ch. 83-310; s. 6, ch. 84-79; s. 3, ch. 85-154; s. 39, ch. 89-279.

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Amendments to 403.812

Arrestable Offenses / Crimes under Fla. Stat. 403.812

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.812.

Annotations, Discussions, Cases:

Cases Citing Statute 403.812

Total Results: 2

Ago

Court: Fla. Att'y Gen. | Date Filed: 2005-03-17T23:53:00-08:00

Snippet: Stat., relating to dredge and fill permits; s.403.812, Fla. Stat., providing for dredge and fill permits

Booker Creek Pres., Inc. v. SW FLA. WATER MGT. DIST.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-09-22T00:53:00-07:00

Citation: 534 So. 2d 419

Snippet: activities specified in sections 373.406, and 403.812, Florida Statutes. (2) The construction, alteration…District's jurisdiction pursuant to section 403.812. They are exempt from permitting if they are required…exemption for the activities specified by section 403.812. That provision is not part of Chapter 373; and… 373.413. Thus, the exemption based on section 403.812 exceeds the statutory source upon which it is based