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. 373.416

373.416 Permits for maintenance or operation.—

(1) Except for the exemptions set forth in this part, the governing board or department may require such permits and impose such reasonable conditions as are necessary to assure that the operation or maintenance 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, will not be inconsistent with the overall objectives of the district, and will not be harmful to the water resources of the district.

(2) Except as otherwise provided in ss. 373.426 and 373.429, a permit issued by the governing board or department for the maintenance or operation of a stormwater management system, dam, impoundment, reservoir, appurtenant work, or works shall be permanent, and the sale or conveyance of such dam, impoundment, reservoir, appurtenant work, or works, or the land on which the same is located, shall in no way affect the validity of the permit, provided the owner in whose name the permit was granted notifies the governing board or department of such change of ownership within 30 days of such transfer.

(3) The governing boards shall, by November 1, 1990, establish by rule requirements for the monitoring and maintenance of stormwater management systems.

History.—s. 5, part IV, ch. 72-299; s. 20, ch. 73-190; s. 14, ch. 89-279.

F.S. 373.416 on Google Scholar

F.S. 373.416 on Casetext

Amendments to 373.416

Arrestable Offenses / Crimes under Fla. Stat. 373.416

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.416.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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: . . . Similarly, section 373.416, Florida Statutes, entitled “Permits for maintenance or operation,” provides . . . 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 . . .

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

. . . 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)

. . . permits for the construction or alteration (§ 373.413), maintenance and operation of such structures (§ 373.416 . . . . may require such permits and impose such reasonable conditions as are necessary.” §§ 373.-413(1), 373.416 . . . Further, section 373.413(1) and 373.416(1) both expressly exclude from coverage “the exemptions set forth . . . discretion not to include all isolated wetlands in its rule, in contrast with the language in sections 373.416 . . .

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)

. . . of Chapter 373, Management and Storage of Surface Waters (MSSW), specifically Sections 373.413 and 373.416 . . . 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)

. . . responsibility of the administration and enforcement of permitting programs pursuant to Sections 373.413 and 373.416 . . . to apply for actual construction, operation or maintenance permits pursuant to Sections 373.413 and 373.416 . . .

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)

. . . from the requirements of Chapter 373, Part IV, Florida Statutes, in particular, Sections 373.413 and 373.416 . . .