The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.403

373.403 Definitions.—When appearing in this part or in any rule, regulation, or order adopted pursuant thereto, the following terms mean:

(1) “Dam” means any artificial or natural barrier, with appurtenant works, raised to obstruct or impound, or which does obstruct or impound, any of the surface waters of the state.

(2) “Appurtenant works” means any artificial improvements to a dam which might affect the safety of such dam or, when employed, might affect the holding capacity of such dam or of the reservoir or impoundment created by such dam.

(3) “Impoundment” means any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth’s surface and having a discernible shoreline.

(4) “Reservoir” means any artificial or natural holding area which contains or will contain the water impounded by a dam.

(5) “Works” means all artificial structures, including, but not limited to, ditches, canals, conduits, channels, culverts, pipes, and other construction that connects to, draws water from, drains water into, or is placed in or across the waters in the state.

(6) “Closed system” means any reservoir or works located entirely within agricultural lands owned or controlled by the user and which requires water only for the filling, replenishing, and maintaining the water level thereof.

(7) “Alter” means to extend a dam or works beyond maintenance in its original condition, including changes which may increase or diminish the flow or storage of surface water which may affect the safety of such dam or works.

(8) “Maintenance” or “repairs” means remedial work of a nature as may affect the safety of any dam, impoundment, reservoir, or appurtenant work or works, but excludes routine custodial maintenance.

(9) “Drainage basin” means a subdivision of a watershed.

(10) “Stormwater management system” means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use, or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system.

(11) “State water quality standards” means water quality standards adopted pursuant to chapter 403.

(12) “Watershed” means the land area which contributes to the flow of water into a receiving body of water.

(13) “Dredging” means excavation, by any means, in surface waters or wetlands, as delineated in s. 373.421(1). It also means the excavation, or creation, of a water body which is, or is to be, connected to surface waters or wetlands, as delineated in s. 373.421(1), directly or via an excavated water body or series of water bodies.

(14) “Filling” means the deposition, by any means, of materials in surface waters or wetlands, as delineated in s. 373.421(1).

(15) “Estuary” means a semienclosed, naturally existing coastal body of water which has a free connection with the open sea and within which seawater is measurably diluted with fresh water derived from riverine systems.

(16) “Lagoon” means a naturally existing coastal zone depression which is below mean high water and which has permanent or ephemeral communications with the sea, but which is protected from the sea by some type of naturally existing barrier.

(17) “Seawall” means a manmade wall or encroachment, except riprap, which is made to break the force of waves and to protect the shore from erosion.

(18) “Ecological value” means the value of functions performed by uplands, wetlands, and other surface waters to the abundance, diversity, and habitats of fish, wildlife, and listed species. These functions include, but are not limited to, providing cover and refuge; breeding, nesting, denning, and nursery areas; corridors for wildlife movement; food chain support; and natural water storage, natural flow attenuation, and water quality improvement, which enhances fish, wildlife, and listed species utilization.

(19) “Mitigation bank” means a project permitted under s. 373.4136 undertaken to provide for the withdrawal of mitigation credits to offset adverse impacts authorized by a permit under this part.

(20) “Mitigation credit” means a standard unit of measure which represents the increase in ecological value resulting from restoration, enhancement, preservation, or creation activities.

(21) “Mitigation service area” means the geographic area within which mitigation credits from a mitigation bank may be used to offset adverse impacts of activities regulated under this part.

(22) “Offsite regional mitigation” means mitigation on an area of land off the site of an activity permitted under this part, where an applicant proposes to mitigate the adverse impacts of only the applicant’s specific activity as a requirement of the permit, which provides regional ecological value, and which is not a mitigation bank permitted under s. 373.4136.

History.—s. 1, part IV, ch. 72-299; s. 18, ch. 73-190; s. 4, ch. 80-259; s. 1, ch. 82-101; s. 11, ch. 89-279; s. 28, ch. 93-213; s. 4, ch. 96-371.

F.S. 373.403 on Google Scholar

F.S. 373.403 on Casetext

Amendments to 373.403

Arrestable Offenses / Crimes under Fla. Stat. 373.403

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.403.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BLUEFIELD RANCH MITIGATION BANK TRUST, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, 263 So. 3d 125 (Fla. App. Ct. 2018)

. . . See §§ 373.403(19), .4136(1), Fla. Stat. . . . See § 373.403(20), (21), Fla. Stat. . . .

BARNES, v. DISTRICT BOARD OF TRUSTEES OF ST. JOHNS RIVER STATE COLLEGE,, 147 So. 3d 102 (Fla. Dist. Ct. App. 2014)

. . . . § 373.403(10), Fla. Stat. (added by ch. 89-279, § 11, Laws of Florida (1989)). . . .

A. KOONTZ, Jr. v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT., 570 U.S. 595 (U.S. 2013)

. . . . § 373.403(5) (2010) ). . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, v. H. MOLICA M., 83 So. 3d 765 (Fla. Dist. Ct. App. 2011)

. . . The Molicas referenced sections 373.403, 373.406, 373.413, and 373.416, Florida Statutes, and stated: . . . system” include areas of dredging or filling, as those terms are defined in subsections 378.403(13) and 373.403 . . . rule 40C-4.021(27), a surface water management system includes areas of filling as defined in section 373.403 . . . Section 373.403(14), Florida Statutes, defines the term “filling” as follows: “ ‘[Falling’ means the . . . Section 373.403, Florida Statutes provides definitions for terms, providing in pertinent part: (1) "Dam . . .

A. DUDA AND SONS, INC. v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 17 So. 3d 738 (Fla. Dist. Ct. App. 2009)

. . . .” § 373.403(5), Fla. Stat. (2007). . . .

SIERRA CLUB, v. ST. JOHNS RIVER WATER MANAGEMENT,, 816 So. 2d 687 (Fla. Dist. Ct. App. 2002)

. . . water and wetlands, as delineated in s. 373.421(1), within the same drainage basin as defined in s. 373.403 . . . surface waters or wetlands, as delineated in s. 373.421(1), in the same drainage basin as defined in s. 373.403 . . .

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, v. NANZ,, 642 So. 2d 1084 (Fla. 1994)

. . . See § 373.403, Fl.Stat. (1989). . . . . definitions in chapter 373 were amended to include an explicit definition for “stormwater management system”: 373.403 . . . , and water pollution or otherwise affect the quantity and quality of discharges from the system. § 373.403 . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT v. HENSON, 36 Fla. Supp. 2d 132 (Fla. Cir. Ct. 1989)

. . . the pre-existing ditch were exempt because of Section 403.813(2)(g), Florida Statutes, and Section 373.403 . . .

CORPORATION OF PRESIDENT OF CHURCH OF JESUS CHRIST OF LATTER- DAY SAINTS, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 489 So. 2d 59 (Fla. Dist. Ct. App. 1986)

. . . .” § 373.403(6), Fla. Stat. (1983). . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT v. CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER- DAY SAINTS, 7 Fla. Supp. 2d 61 (Fla. Cir. Ct. 1984)

. . . The District has implemented a permitting program pursuant to Section 373.403, et seq., having adopted . . . First, Section 403.813(2)(g) should be read in pari materia with Section 373.403(8) which provides as . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT v. CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER- DAY SAINTS, 7 Fla. Supp. 2d 55 (Fla. Cir. Ct. 1984)

. . . The District has implemented a permitting program pursuant to Section 373.403, et seq., having adopted . . . The excavation required a permit from the District pursuant to Sections 373.403, et seq., and Section . . . Deseret’s second, and only other, affirmative defense relies on an exemption contained in Section 373.403 . . . The term “closed system” is defined in Section 373.403(6) as: . . . any reservoir or works located entirely . . . pre-existing drainage ditch or any of its associated ditches constitute a reservoir as defined in Section 373.403 . . .

PAL- MAR WATER MANAGEMENT DISTRICT, v. BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY,, 384 So. 2d 232 (Fla. Dist. Ct. App. 1980)

. . . declares that certain phases of Pal-Mar’s drainage project are not a closed system as defined in Section 373.403 . . . The statutes in question in this appeal are Section 373.403(6), Florida Statutes (1977), which states . . . As noted above, Section 373.403(6) provides that a “ ‘Closed system’ means any reservoir or works located . . . Section 373.403(6) uses the wording, “owned or controlled by the user”, not “intended to be owned or . . .