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. 373.413

373.413 Permits for construction or alteration.—

(1) Except for the exemptions set forth herein, the governing board or the department may require such permits and impose such reasonable conditions as are necessary to assure that the construction or alteration of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works will comply with the provisions of this part and applicable rules promulgated thereto and will not be harmful to the water resources of the district. The department or the governing board may delineate areas within the district wherein permits may be required.

(2) A person proposing to construct or alter a stormwater management system, dam, impoundment, reservoir, appurtenant work, or works subject to such permit shall apply to the governing board or department for a permit authorizing such construction or alteration. The application shall contain the following:

(a) Name and address of the applicant.

(b) Name and address of the owner or owners of the land upon which the works are to be constructed and a legal description of such land.

(d) Sketches of construction pending tentative approval.

(e) Name and address of the person who prepared the plans and specifications of construction.

(f) Name and address of the person who will construct the proposed work.

(g) General purpose of the proposed work.

(h) Such other information as the governing board or department may require.

(3) After receipt of an application for a permit, the governing board or department shall publish notice of the application by sending a notice to any persons who have filed a written request for notification of any pending applications affecting the particular designated area. Such notice may be sent by regular mail. The notice shall contain the name and address of the applicant; a brief description of the proposed activity, including any mitigation; the location of the proposed activity, including whether it is located within an Outstanding Florida Water or aquatic preserve; a map identifying the location of the proposed activity subject to the application; a depiction of the proposed activity subject to the application; a name or number identifying the application and the office where the application can be inspected; and any other information required by rule.

(4) In addition to the notice required by subsection (3), the governing board or department may publish, or require an applicant to publish at the applicant’s expense, in a newspaper of general circulation within the affected area, a notice of receipt of the application and a notice of intended agency action. This subsection does not limit the discretionary authority of the department or the governing board of a water management district to publish, or to require an applicant to publish at the applicant’s expense, any notice under this chapter. The governing board or department shall also provide notice of this intended agency action to the applicant and to persons who have requested a copy of the intended agency action for that specific application.

(5) The governing board or department may charge a subscription fee to any person who has filed a written request for notification of any pending applications to cover the cost of duplication and mailing charges.

(6) It is the intent of the Legislature that the governing board or department exercise flexibility in the permitting of stormwater management systems associated with the construction or alteration of systems serving state transportation projects and facilities. Because of the unique limitations of linear facilities, the governing board or department shall balance the expenditure of public funds for stormwater treatment for state transportation projects and facilities with the benefits to the public in providing the most cost-efficient and effective method of achieving the treatment objectives. In consideration thereof, the governing board or department shall allow alternatives to onsite treatment, including, but not limited to, regional stormwater treatment systems. The Department of Transportation is responsible for treating stormwater generated from state transportation projects but is not responsible for the abatement of pollutants and flows entering its stormwater management systems from offsite sources; however, this subsection does not prohibit the Department of Transportation from receiving and managing such pollutants and flows when cost effective and prudent. Further, in association with right-of-way acquisition for state transportation projects, the Department of Transportation is responsible for providing stormwater treatment and attenuation for the acquired right-of-way but is not responsible for modifying permits for adjacent lands affected by right-of-way acquisition when it is not the permittee. The governing board or department may establish, by rule, specific criteria to implement the management and treatment alternatives and activities under this subsection.

History.—s. 4, part IV, ch. 72-299; s. 19, ch. 73-190; s. 14, ch. 78-95; s. 13, ch. 89-279; s. 500, ch. 94-356; s. 74, ch. 2012-174.

F.S. 373.413 on Google Scholar

F.S. 373.413 on Casetext

Amendments to 373.413

Arrestable Offenses / Crimes under Fla. Stat. 373.413

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.413.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . § 373.413(1) ). . . .

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: . . . Section 373.413, Florida Statutes, entitled “Permits for construction or alteration,” provides in part . . . Therefore, pursuant to sections 373.413(1) and 373.416(1), the governing board (the District) may require . . . The Molicas contend that sections 373.413(1) and 373.416(1) are the only authority within chapter 373 . . .

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

. . . .” § 373.413(1), Fla. Stat. (2007) (emphasis added). . . .

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, v. CONSOLIDATED- TOMOKA LAND CO. IDI- IDI- IDI- E. S. Jr. W. R. J. II, S. P. S. P. S. P. III, 717 So. 2d 72 (Fla. Dist. Ct. App. 1998)

. . . Contained within Part IV is section 373.413, Florida Statutes, which provides: [T]he governing board . . . Section 373.413, Florida Statutes, authorized the District to establish permitting criteria for the protection . . . Section 373.413 grants the District the power to “require such permits and impose such reasonable conditions . . .

SAVE ANNA MARIA, INC. v. DEPARTMENT OF TRANSPORTATION, 700 So. 2d 113 (Fla. Dist. Ct. App. 1997)

. . . Rather, SWFWMD is authorized by section 373.413, Florida Statutes (1991), to require a stormwater management . . .

WIREGRASS RANCH, INC. v. SADDLEBROOK RESORTS, INC., 645 So. 2d 374 (Fla. 1994)

. . . discretionary authority granted to the water management districts by the legislature, particularly section 373.413 . . .

GILBERTSON a S. a v. LENNAR HOMES, INC. No., 629 So. 2d 1029 (Fla. Dist. Ct. App. 1993)

. . . See § 373.413(1), Fla.Stat. (1979); Fla.Admin.Code R. 16K-4.03 (1977) (the SFWMD may impose reasonable . . .

SAVE THE ST. JOHNS RIVER, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT A., 623 So. 2d 1193 (Fla. Dist. Ct. App. 1993)

. . . permits for the construction or alteration of any stormwater management system is set forth in section 373.413 . . .

SADDLEBROOK RESORTS, INC. v. WIREGRASS RANCH, INC., 630 So. 2d 1123 (Fla. Dist. Ct. App. 1993)

. . . Section 373.413, Florida Statutes (1989), is the substantive statute that governs the issuance of permits . . . Section 373.413(5) provides, in pertinent part, as follows: “If no substantial objection to the application . . .

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

. . . charged with the authority to implement, administer and enforce a permitting program pursuant to Section 373.413 . . . The District is authorized by Sections 373.413 and 373.416, Florida Statutes, and Chapter 40C-4.041(2 . . .

BOOKER CREEK PRESERVATION, INC. v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,, 534 So. 2d 419 (Fla. Dist. Ct. App. 1988)

. . . reservoirs, and appurtenant works (§ 373.409), to require permits for the construction or alteration (§ 373.413 . . . Further, section 373.413(1) and 373.416(1) both expressly exclude from coverage “the exemptions set forth . . . to include all isolated wetlands in its rule, in contrast with the language in sections 373.416 and 373.413 . . .

FLORIDA WILDLIFE FEDERATION, INC. FRIENDS OF BARRIER ISLANDS, INC. v. ADMIRAL CORPORATION ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, 28 Fla. Supp. 2d 141 (Fla. Div. Admin. Hearings 1986)

. . . pursuant to Part IV of Chapter 373, Management and Storage of Surface Waters (MSSW), specifically Sections 373.413 . . . More specifically, as envisioned by Sections 373.413, 373.416 and 373.426, Florida Statutes, the District . . . In this context, this project can be considered in accordance with Sections 373.413 and 373.416, Florida . . . Put another way, if the applicant can satisfy the provisions set forth in Sections 373.413 and 373.416 . . .

FLORIDA WILDLIFE FEDERATION, INC. v. ADMIRAL CORPORATION ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, 23 Fla. Supp. 2d 200 (Fla. Div. Admin. Hearings 1986)

FRIENDS OF FORT GEORGE, INC. v. FAIRFIELD COMMUNITIES, INC., 24 Fla. Supp. 2d 192 (Fla. Div. Admin. Hearings 1986)

. . . statutory responsibility of the administration and enforcement of permitting programs pursuant to Sections 373.413 . . . will then have to apply for actual construction, operation or maintenance permits pursuant to Sections 373.413 . . .

CLAY ISLAND FARMS, INC. v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, 23 Fla. Supp. 2d 187 (Fla. Div. Admin. Hearings 1983)

. . . Consequently, permits are required in keeping with the provisions: Sections 373.413 and 373.416, Florida . . .

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

. . . closed systems” from the requirements of Chapter 373, Part IV, Florida Statutes, in particular, Sections 373.413 . . .