Florida § 373.439 Emergency measures

Florida Statutes

§ 373.439 — Emergency measures

Florida § 373.439

TitleXXVIII

Ch. 373WATER RESOURCES

This text of Florida § 373.439 (Emergency measures) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fla. Stat. § 373.439 (2026).

Text

(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 r

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(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.