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Florida Administrative Code (Last Updated: April 18, 2024) |
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40. Water Management Districts |
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40D. Southwest Florida Water Management District |
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40D-21. Water Shortage Plan |
1(1) It is the policy of the District to seek the cooperation and assistance of state, county and municipal governmental officials, law enforcement officials, and police officers in accordance with Section 32373.609, F.S., 34to facilitate the enforcement of this chapter and any order issued pursuant to this chapter, including any variance or waiver from this chapter. This cooperation and assistance is generally sought for violations of this chapter which do not directly involve a Permittee.
76(2) Counties and municipalities throughout the jurisdiction of the District are authorized and encouraged to adopt ordinances, which provide specific local processes for local enforcement of the provisions of this chapter and any order or variance or waiver issued pursuant thereto. A “sample ordinance” is available from the District and will be provided for use by local governments, upon request.
136(3) In enforcing the provisions of this chapter, any order issued pursuant to this chapter or Chapter 40D-1, F.A.C., or any variance or waiver approved by the District pursuant to provisions of this chapter, the District will utilize any of the enforcement remedies available pursuant to Chapter 120 or 373, F.S. or Chapter 40D-1, F.A.C., as appropriate. District enforcement will focus on violations which directly involve a Permittee.
204(4) Enforcement may be initiated by the District as provided in Section 216373.603, F.S.
218(5) The Executive Director may assign District personnel for the purpose of initiating enforcement pursuant to Section 235373.603, F.S.
237(6) The Executive Director may take appropriate action pursuant to Sections 248373.119 249and 250373.246(7), F.S. 252and Rule 25440D-21.331, 255F.A.C., to enforce the provisions of this chapter and any order or variance or waiver issued pursuant thereto, or pursuant to Chapter 40D-1, F.A.C., or to alleviate any emergency conditions which might occur.
288Rulemaking Authority 290373.044, 291373.113 FS. 293Law Implemented 295373.119, 296373.129, 297373.136, 298373.603, 299373.609 FS. 301History–New 11-19-84, Amended 7-2-86, 5-4-87, 4-9-06, 7-5-12.
