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Florida Administrative Code (Last Updated: November 11, 2024) |
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40. Water Management Districts |
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40E. South Florida Water Management District |
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40E-6. Works Or Lands Of The District |
1(1) Under Sections 4373.083 5and 6373.085, F.S., 8the District is authorized to revoke a right of way occupancy permit under any of the following circumstances:
26(a) The Permittee or his agent has committed any of the acts enumerated in Rule 4140E-1.609, 42F.A.C.;
43(b) The permitted use interferes or will interfere with the construction, alteration, operation, or maintenance of present or proposed works or lands of the District;
68(c) The Permittee has failed to immediately comply with an emergency or other order issued pursuant to Rule 8628-106.501, 87F.A.C.;
88(d) The permitted use is no longer consistent with the factors and conditions enumerated in Rule 10440E-6.221, 105F.A.C., the provisions of Chapter 373, F.S., Title 40E, F.A.C., and the state water policy, Chapter 62-40, F.A.C;
123(e) The permitted use is inconsistent with any provision of this rule, or any subsequent revisions to this rule, including any provision of the Criteria Manual, incorporated by reference in Rule 15440E-6.091, 155F.A.C.; or
157(f) The permitted use is no longer consistent with District policy, based upon a change in District policy.
175(2) Right of Way Occupancy permits are subject to immediate revocation by the District’s Executive Director with the concurrence of the Governing Board if an emergency condition exists and the continued exercise of the permit might endanger lives, human safety or property.
217(3) Revocations for reasons specified in subsection (1) shall be conducted in accordance with the procedures specified in Rules 23640E-1.609 237and 23828-107.004, 239F.A.C. Emergency revocations under subsection (2) shall be conducted in accordance with the procedures specified in Rule 25628-107.005, 257F.A.C.
258(4) The provisions herein shall take precedence over the general revocation provisions set forth in paragraphs 27440E-1.609(1)(a) 275through (e), F.A.C., as the permit program governing use of works and lands of the District is a proprietary based program. To the extent there is any conflict between the general provisions of Chapter 40E-1, F.A.C., the specific provisions of Chapter 40E-6, F.A.C., shall prevail.
320Rulemaking Authority 322373.044, 323373.113 FS. 325Law Implemented 327120.60(5), 328373.085, 329373.086, 330373.129 FS. 332History–New 9-3-81, Formerly 16K-5.07(3), (4), Amended 12-29-86, 12-24-91, 9-15-99, 8-12-13.
