The 2023 Florida Statutes (including Special Session C)

Title XXI
DRAINAGE

Chapter 298
DRAINAGE AND WATER CONTROL

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F.S. 298.01

298.01 Formation of water control district.—It is the legislative intent that those water control districts established prior to July 1, 1980, pursuant to the process formerly contained in this section and former ss. 298.02 and 298.03, may continue to operate as outlined in this chapter. However, on and after that date, no water control district may be created except pursuant to s. 125.01 or a special act of the Legislature. Upon formation of a water control district by a special act of the Legislature, the circuit court of the county in which a majority of the land within the district is located shall thereafter maintain and have original and exclusive jurisdiction, coextensive with the boundaries and limits of the water control district without regard to county lines, for all purposes of this chapter.

History.—s. 1, ch. 6458, 1913; RGS 1098; CGL 1451; s. 7, ch. 22858, 1945; ss. 25, 35, ch. 69-106; s. 1, ch. 72-291; s. 1, ch. 79-5; s. 17, ch. 79-65; s. 1, ch. 80-281; s. 20, ch. 2015-2.

F.S. 298.01 on Google Scholar

F.S. 298.01 on Casetext

Amendments to 298.01

Arrestable Offenses / Crimes under Fla. Stat. 298.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 298.01.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. D. FINLEY,, 531 F.3d 288 (4th Cir. 2008)

. . . . § 19.2-298.01. . . .

J. SLAVEK, v. HINKLE,, 359 F. Supp. 2d 473 (E.D. Va. 2005)

. . . of Virginia dismissed claim (E), concluding that review was barred pursuant to Virginia Code § 19.2-298.01 . . . jurisdiction, but as procedurally defaulted, when previously dismissed on state habeas pursuant to § 19.2-298.01 . . . In reaching this conclusion, the court held that § 19.2-298.01(F) is an adequate and independent state . . . Yet, even assuming that § 19.2-298.01(F) is an adequate and independent state procedural rule, it is . . . to dismiss claim (E) for lack of jurisdiction because a claim dismissed by the invocation of §19.2-298.01 . . .

In EVELETH MINES, LLC, Co., 312 B.R. 634 (Bankr. D. Minn. 2004)

. . . . § 298.01, subd. 4. Minn.Stat. § 298.25. . Codified at 26 U.S.C. §§ 9701-9722. . . . .

EWING v. CALIFORNIA, 538 U.S. 11 (U.S. 2003)

. . . discretionary sentencing guideline ranges established by the Virginia Sentencing Commission, §§ 17.1-805, 19.2-298.01 . . .

S. ROACH, v. LOXAHATCHEE GROVES WATER CONTROL DISTRICT,, 417 So. 2d 814 (Fla. Dist. Ct. App. 1982)

. . . To support this assertion, the appellee relies on certain language that was contained in Section 298.01 . . .

In CHRISTIAN AND PORTER ALUMINUM COMPANY, H. GOUGH, v. F. TITUS, 584 F.2d 326 (9th Cir. 1978)

. . . disputes is stated in Ballantine & Sterling California Corporation Laws, 1977 Edition, Sections 295-298.01 . . .

UNION CAMP CORPORATION, v. SEMINOLE FOREST WATER MANAGEMENT DISTRICT,, 302 So. 2d 419 (Fla. Dist. Ct. App. 1974)

. . . We next consider the contention of appellees that the reference in Section 298.01 to “majority of owners . . . Stated another way, the Circuit Court held that Section 298.01 requires the majority of the owners of . . . Section 298.01 provides that “owners of the majority of the acreage of any contiguous body of wet or . . . Contrary to the Circuit Judge’s ruling, Section 298.01 is unambiguous as applying to “any” portion of . . . The Circuit Judge evidently relied upon the phrase “any contiguous body” in Section 298.01. . . .

FLORIDA JAI ALAI, INC. v. LAKE HOWELL WATER RECLAMATION DISTRICT, a FLORIDA STANDARD LAND DEVELOPMENT CORP. v. LAKE HOWELL WATER RECLAMATION DISTRICT, a, 274 So. 2d 522 (Fla. 1973)

. . . . § 298.01, F.S.A., which regulates the formation of a district, except in the manner of notice required . . .

THE ARCTIC MAID v. TERRITORY OF ALASKA, THE PACIFIC REEFER v. TERRITORY OF ALASKA, THE PACIFIC QUEEN v. TERRITORY OF ALASKA, THE ALASKA REEFER v. TERRITORY OF ALASKA, THE NORTH STAR v. TERRITORY OF ALASKA, NORTHERN REEFER COMPANY, II, v. TERRITORY OF ALASKA,, 277 F.2d 120 (9th Cir. 1960)

. . . . § 298.01. . . .

BOSTWICK v. BALDWIN DRAINAGE DIST., 152 F.2d 1 (5th Cir. 1945)

. . . . § 298.01 et seq.), its lessee, and its principal bondholder. . . .

DISSTON ISLAND DRAINAGE DISTRICT, v. W. D. DANIEL,, 155 Fla. 28 (Fla. 1944)

. . . authority conferred by and to operate under Chapter 6458, Laws of Florida, Acts of 1913, and amendments. (298.01 . . .

IDEAL FARMS DRAINAGE DISTRICT, a L. D. v. CERTAIN LANDS IN SAID DISTRICT MAURICE MOUNTZ, L. J. MOUNTZ,, 154 Fla. 554 (Fla. 1944)

. . . The petitioner, a drainage district formed, pursuant to the general drainage law of Florida, (Sec. 298.01 . . . December 3, 1923, under the several provisions of Chapter 6458, Acts of 1913, Laws of Florida, Sections 298.01 . . .

BALDWIN DRAINAGE DISTRICT, a v. MACCLENNY TURPENTINE COMPANY,, 154 Fla. 525 (Fla. 1944)

. . . January 19, 1916, under the several provisions of Chapter 6458, Acts of 1913, Laws of Florida (Sections 298.01 . . .

In WIL- LOW CAFETERIAS,, 35 F. Supp. 965 (S.D.N.Y. 1940)

. . . business done from April 20, 1937, to June 15, 1937; it further paid the City of New York the sum of $298.01 . . .

In GARDNER, 103 F. 922 (E.D. Va. 1900)

. . . All of the other unpaid debts proved, aggregating the sum of $298.01, being demands for the purchase . . .