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. 373.426

373.426 Abandonment.—

(1) Any owner of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works wishing to abandon or remove such work may first be required by the governing board or the department to obtain a permit to do so and may be required to meet such reasonable conditions as are necessary to assure that such abandonment will not be inconsistent with the overall objectives of the district.

(2) Where any permitted stormwater management system, dam, impoundment, reservoir, appurtenant work, or works is not owned nor directly controlled by the state or any of its agencies and is not used nor maintained under the authority of the owner for a period of 3 years, it shall be presumed that the owner has abandoned such stormwater management system, dam, impoundment, reservoir, appurtenant work, or works, and has dedicated the same to the district for the use of the people of the district.

(3) The title of the district to any such stormwater management system, dam, impoundment, reservoir, appurtenant work, or works may be established and determined in the court appointed by statute to determine the title to real estate.

History.—s. 8, part IV, ch. 72-299; s. 22, ch. 73-190; s. 18, ch. 89-279.

F.S. 373.426 on Google Scholar

F.S. 373.426 on Casetext

Amendments to 373.426

Arrestable Offenses / Crimes under Fla. Stat. 373.426

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.426.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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)

. . . More specifically, as envisioned by Sections 373.413, 373.416 and 373.426, Florida Statutes, the District . . . mosquito ditches presently on the site are considered to be abandoned or removed by the applicant, Section 373.426 . . . forth in Sections 373.413 and 373.416, Florida Statutes, it has of necessity complied with Section 373.426 . . .

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