40A-21.421. Enforcement  


Effective on Wednesday, March 27, 2019
  • 1(1) It is the policy of the District to seek the cooperation and assistance of the state, county and municipal governmental officials, and law enforcement officials in the enforcement of the water shortage plan or water shortage emergency or any water shortage order issued pursuant thereto. Counties and municipalities within the jurisdiction of the District are encouraged to adopt ordinances which provide for local enforcement of the provisions of this plan, or any order adopted pursuant thereto. It shall be the policy of the District to encourage local law enforcement officials to provide violators of the water use restrictions with no more than one written warning during the initial phases of a water shortage or water shortage emergency.

    119(2) In enforcing the provisions of any water shortage order issued pursuant to this plan, the District may utilize any of the enforcement remedies available pursuant to chapters 120 or 373, F.S.

    151(3) Enforcement action may be initiated by the Executive Director or his Designee pursuant to section 167373.603, F.S., 169against an individual violator or class of violators or all of the violators of a particular water shortage order issued pursuant to this plan.

    193(4) The Executive Director or his Designee may assign District personnel for the purpose of initiating enforcement action, pursuant to section 214373.603, F.S., 216against an individual violator or class of violators of any water shortage rule or order issued pursuant to this plan.

    236(5) In the event that a water shortage or water shortage emergency has been declared and the provisions of this plan have been invoked, the Executive Director, with the concurrence of the Governing Board, may thereafter take appropriate emergency action pursuant to sections 279373.175(4), 280373.246(7) 281and 282120.69, F.S., 284or rule 28640A-1.209, 287F.A.C., to enforce the provisions of this plan or any order issued pursuant thereto, or alleviate any emergency conditions which might thereafter occur. Such action shall be ratified, modified, or rescinded by the Board at its next scheduled meeting.

    326Rulemaking Authority 328373.044, 329373.113, 330373.246, 331373.603, 332373.609 FS. 334Law Implemented 336373.175, 337373.246 FS. 339History–New 3-29-92, Amended 3-27-19.