§ 373.217, Fla. Stat. · Part II. PERMITTING OF CONSUMPTIVEUSES OF WATER
Superseded laws and regulations.
Text — 2026 Florida Statutes
(1) It is the intent of the Legislature to provide a means whereby reasonable programs for the issuance of permits authorizing the consumptive use of particular quantities of water may be authorized by the Department of Environmental Protection, subject to judicial review and also subject to review by the Governor and Cabinet, sitting as the Land and Water Adjudicatory Commission as provided in s. 373.114.
(2) It is the further intent of the Legislature that Part II of the Florida Water Resources Act of 1972, as amended, as set forth in ss. 373.203-373.249, shall provide the exclusive authority for requiring permits for the consumptive use of water and for authorizing transportation thereof pursuant to s. 373.223(2).
(3) If any provision of Part II of the Florida Water Resources Act of 1972, as amended, as set forth in ss. 373.203-373.249, is in conflict with any other provision, limitation, or restriction which is now in effect under any law or ordinance of this state or any political subdivision or municipality, or any rule or regulation promulgated thereunder, Part II shall govern and control, and such other law or ordinance or rule or regulation promulgated thereunder shall be deemed superseded for the purpose of regulating the consumptive use of water. However, this section shall not be construed to supersede the provisions of the Florida Electrical Power Plant Siting Act.
(4) Other than as provided in subsection (3) of this section, Part II of the Florida Water Resources Act of 1972, as amended, preempts the regulation of the consumptive use of water as defined in this act.
Notes and commentary — not statutory text
History
s. 9, ch. 76-243; s. 1, ch. 77-174; s. 265, ch. 94-356.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0373/0373.html
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- Composed by
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 373.114, Fla. Stat.Land and Water Adjudicatory Commission; review of district rules and orders; department review of district rules.Printed as s. 373.114
- § 373.203, Fla. Stat.Definitions.Printed as ss. 373.203-373.249
- § 373.223, Fla. Stat.Conditions for a permit.Printed as s. 373.223(2)
- § 373.249, Fla. Stat.Existing regulatory districts preserved.Printed as ss. 373.203-373.249
Cited by 1 provision
Provisions in this library whose text cites § 373.217, Fla. Stat.. Each shows the citation as that text prints it.
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