73C-42.025. Monitoring and Enforcement

(1) The Department shall seek assistance from federal, state, and regional agencies, and local governments in monitoring and enforcing any FQD development order issued pursuant to Section 380.061, F.S.

(a) The local government and the Department shall have primary responsibility for monitoring and enforcing the provisions of the development order. The local government shall not issue any permits or approvals or provide any extensions of services to the FQD if the developer fails to act in substantial compliance with the development order.

(b) The Department shall send copies of the FQD development order, or relevant portions thereof, to state and regional agencies that are identified as having planning or permitting responsibilities related to the FQD.

(c) The regional planning agency and the local government shall review the annual report required by subsection 73C-42.023(6), F.A.C., of this rule chapter and other information available to them and, when appropriate, notify the Department of potential violations of Section 380.061, F.S.

(2) Pursuant to Section 380.11, F.S., the Department, all state attorneys, and all counties and municipalities may bring an action for injunctive relief against any person or developer found to be in violation of Chapter 380, F.S., or any rules, regulations or orders issued thereunder. The Department may institute an administrative proceeding to abate or regulate the conditions or activity creating violation of the development order, the development agreement, or the PDA pursuant to Section 380.11(2)(a), F.S.

(3) A development order issued pursuant to Section 380.061, F.S., shall only be appealed pursuant to Section 380.07, F.S.

Rulemaking Authority 380.061(8)(b) FS. Law Implemented 380.061 FS. History–New 1-23-90, Formerly 9J-28.025.