Suspension, Revocation and Cancellation of Permits

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-3.341: Suspension, Revocation and Cancellation of Permits

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 39, September 28, 2012 issue of the Florida Administrative Register.

40D-3.341 Suspension, Revocation and Cancellation of Permits.

(1) The Governing Board will may suspend or revoke a permit, at any time after notice and an opportunity for a hearing, upon a determination that one or more of the following has occurred based on one or more of the following grounds:

(a) Material misstatement or misrepresentation in the application for a permit;

(b) Failure to comply with the provisions set forth in the permit;

(c) Disregard or violation of any of these rules or Chapter 373, Part III, F.S.; or

(d) Material change of circumstances or conditions from those existing at the time such permit was issued.

(2) Prior to the commencement of any activity for which a permit has been issued, the permittee, the property owner or the party in legal control of the subject property may request revocation of the permit. A request to revoke a permit shall be submitted to the District in writing.  The party requesting revocation of a permit shall be deemed to have waived the right to notice and an opportunity to request a hearing under Section 120.60(5), F.S.  The District will provide such notice and an opportunity to request a hearing to the other party(ies). Upon confirmation that no activity has taken place pursuant to the permit the District will revoke the permit provided no request for a hearing has been received.  The District may administratively cancel a permit upon the request of the permittee or permittee’s authorized agent, and confirmation by the District that no activity has taken place under the permit.

(3) Submittal of a Completion Report pursuant to Rule 40D-3.411(1)(a), F.A.C., is not required if a permit has been revoked.

RulemakingSpecific Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.309, 373.313 FS. History–Readopted 10-5-74, Formerly 16J-3.11(4), Amended 7-1-90, 7-2-98, 2-1-05.