The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

View Entire Chapter

F.S. 403.812

403.812 Dredge and fill permitting in stormwater management systems.—The department shall not require dredge and fill permits for stormwater management systems where such systems are located landward of the point of connection to waters of the state and are designed, constructed, operated, and maintained for stormwater treatment, flood attenuation, or irrigation. The waters within such systems, unless designed, constructed, operated, and maintained for in-water recreational uses, such as swimming and boating, shall not be considered waters of the state; however, if the system provides other incidental uses and is accessible to the public, then the department may require reasonable assurance that water quality within the system will not adversely impact public health, fish and wildlife in adjacent waters, or adjacent waters. The department shall not require dredge and fill permits for structures designed solely to connect stormwater management systems to waters of the state provided that the connection of such system to waters of the state is regulated pursuant to chapter 373. The department shall initiate rulemaking to implement the provisions of this section.

History.—s. 6, ch. 75-22; s. 68, ch. 83-310; s. 6, ch. 84-79; s. 3, ch. 85-154; s. 39, ch. 89-279.

F.S. 403.812 on Google Scholar

F.S. 403.812 on Casetext

Amendments to 403.812

Arrestable Offenses / Crimes under Fla. Stat. 403.812

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.812.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . are exempt from permitting under this chapter: (1) The activities specified in sections 373.406, and 403.812 . . . It also refers to stormwater systems under the District’s jurisdiction pursuant to section 403.812. . . . However, we can find no basis to support the exemption for the activities specified by section 403.812 . . .

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)

. . . Furthermore, pursuant to Section 403.812, Florida Statutes, the District has received a delegation of . . . This delegation is in accordance with Section 403.812, Florida Statutes. . . .

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

. . . Furthermore, pursuant to Section 403.812, Florida Statutes, the District has received a delegation of . . . This delegation is in accordance with Section 403.812, Florida Statutes. . . .