§ 373.439, Fla. Stat. · Part IV. MANAGEMENT AND STORAGEOF SURFACE WATERS
Emergency measures.
Text — 2026 Florida Statutes
(1) The executive director, with the concurrence of the governing board, or the department shall immediately employ any remedial means to protect life and property if either:
(a) The condition of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an order relative to maintenance or operation.
(b) Passing or imminent floods threaten the safety of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works.
(2) In applying the emergency measures provided for in this section, the executive director or the Department of Environmental Protection may in an emergency do any of the following:
(a) Lower the water level by releasing water from any impoundment or reservoir.
(b) Completely empty the impoundment or reservoir.
(c) Take such other steps as may be essential to safeguard life and property.
(3) The executive director or the Department of Environmental Protection shall continue in full charge and control of such stormwater management system, dam, impoundment, reservoir, and its appurtenant works until they are rendered safe or the emergency occasioning the action has ceased.
Notes and commentary — not statutory text
History
s. 12, part IV, ch. 72-299; s. 49, ch. 79-65; s. 22, ch. 89-279; s. 270, 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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Cited by 4 provisions
Provisions in this library whose text cites § 373.439, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 373.41492, Fla. Stat.Miami-Dade County Lake Belt Mitigation Plan; mitigation for mining activities within the Miami-Dade County Lake Belt.Printed as ss. 373.403-373.439
- § 373.429, Fla. Stat.Revocation and modification of permits.Printed as s. 373.439
- § 373.4415, Fla. Stat.Role of Miami-Dade County in processing permits for limerock mining in Miami-Dade County Lake Belt.Printed as ss. 373.403-373.439
- § 373.4592, Fla. Stat.Everglades improvement and management.Printed as s. 373.439
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.