Florida Regulations 40A-1.205: Suspension, Revocation, Cancellation and Modification of District Permits
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(1) The District shall suspend or revoke a permit, in whole or in part, or employ any of the remedial measures authorized by Florida Statutes § 373.439, when it determines that the permittee or his agent has:
(a) Submitted false or inaccurate information on an application, operational report, or completion report;
(b) Violated Florida Statutes Chapter 373, and the rules promulgated thereunder, or any other provision of Florida law related to the operations of the District;
(c) Failed to comply with an administrative order issued pursuant to Florida Statutes § 373.119;
(d) Violated a condition of the permit; or
(e) Failed to allow inspection of the subject property.
(2) The District may revoke a permit or modify its terms and conditions when it determines that such action is necessary to protect the public health, safety and welfare, prevent a public or private nuisance, or when the continued utilization of the permit becomes inconsistent with the objectives of the District. In such instances, due consideration shall be given to the extent to which the permittee has detrimentally relied upon the permit.
(3) The Executive Director shall initiate proceedings to suspend, revoke, or modify a permit by serving upon the permittee by actual service or certified mail a Notice of Intention which shall state the nature of the intended action, and those findings of fact and conclusions of law which support the action.
(4) The permittee may request a formal or informal administrative hearing pursuant to Florida Statutes § 120.57, by filing a petition for administrative hearing with the District within 14 days of receipt of the Notice of Intention. Petitions are deemed filed upon receipt by the Agency Clerk.
(5) When a formal hearing is requested, the permittee or other affected persons shall admit or deny each finding of fact contained in the Notice of Proposed Agency Action, or state that the permittee is without knowledge as to the same, which shall be deemed to be a denial. The District may decline to hold a formal hearing when there are no disputed issues of material fact.
(6) Failure to comply with the provisions of subsection (4) shall constitute a waiver of the right to an administrative hearing pursuant to Florida Statutes § 120.57 In such event, all findings of fact and conclusions of law contained in the Notice of Intention shall be deemed uncontested and true in any further judicial or administrative proceedings.
(7) The Board shall consider the Notice of Intention for which no timely petition for an administrative hearing has been filed at the meeting specified in the notice. The permittee or other affected persons may state their objections to or comment in favor of the intended action, but the appearance shall not constitute grounds for an administrative appeal pursuant to Florida Statutes Chapter 120
(8) When a valid petition for administrative hearing has been filed, the Board shall defer consideration of the matter pending the completion of the administrative hearing and the submission of a recommended order and any exceptions to the order. The permittee may appear before the next meeting of the Board to discuss the intended action by submitting a written request within 14 days of receipt of the Notice of Intention. The Board may cancel the intended action or make such modifications as are deemed appropriate. An informal appearance before the Board pursuant to this subsection shall not constitute a waiver of the right to a formal administrative hearing.
(9) In the case of an emergency, the Executive Director may enter an order which suspends or revokes a permit, in whole or in part, or which modifies the terms and conditions of a permit. The permittee shall take whatever actions necessary to cause immediate compliance with the emergency order, but shall have the right of administrative appeal, subject to the provisions of subsections (4) through (7).
(10) District staff is authorized to administratively cancel a permit when the permittee or permittee’s authorized agent surrenders the consumptive use permit to the District, thereby relinquishing the right to conduct any activities under the permit. The permittee surrending an individual water use permit granted under Fl. Admin. Code Chapter 40A-2, shall ensure that all ground water wells have been either properly capped or plugged and abandoned according to subsection 40A-3.521(2), F.A.C., and that all surface water withdrawal points have been dismantled. Prior to an administrative cancellation, District staff shall perform a site visit to confirm these requirements have been met. Permit cancellation shall be requested using Water Use Permit Cancellation Form, Form No. 162, effective 4-15-14 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03996), hereby incorporated by reference, and which can be obtained from the District’s website (www.nwfwmd.state.fl.us) or from District offices.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.243, 373.246, 373.429, 373.439 FS. History-New 10-1-84, Amended 8-6-13, 4-15-14.
Terms Used In Florida Regulations 40A-1.205
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(b) Violated Florida Statutes Chapter 373, and the rules promulgated thereunder, or any other provision of Florida law related to the operations of the District;
(c) Failed to comply with an administrative order issued pursuant to Florida Statutes § 373.119;
(d) Violated a condition of the permit; or
(e) Failed to allow inspection of the subject property.
(2) The District may revoke a permit or modify its terms and conditions when it determines that such action is necessary to protect the public health, safety and welfare, prevent a public or private nuisance, or when the continued utilization of the permit becomes inconsistent with the objectives of the District. In such instances, due consideration shall be given to the extent to which the permittee has detrimentally relied upon the permit.
(3) The Executive Director shall initiate proceedings to suspend, revoke, or modify a permit by serving upon the permittee by actual service or certified mail a Notice of Intention which shall state the nature of the intended action, and those findings of fact and conclusions of law which support the action.
(4) The permittee may request a formal or informal administrative hearing pursuant to Florida Statutes § 120.57, by filing a petition for administrative hearing with the District within 14 days of receipt of the Notice of Intention. Petitions are deemed filed upon receipt by the Agency Clerk.
(5) When a formal hearing is requested, the permittee or other affected persons shall admit or deny each finding of fact contained in the Notice of Proposed Agency Action, or state that the permittee is without knowledge as to the same, which shall be deemed to be a denial. The District may decline to hold a formal hearing when there are no disputed issues of material fact.
(6) Failure to comply with the provisions of subsection (4) shall constitute a waiver of the right to an administrative hearing pursuant to Florida Statutes § 120.57 In such event, all findings of fact and conclusions of law contained in the Notice of Intention shall be deemed uncontested and true in any further judicial or administrative proceedings.
(7) The Board shall consider the Notice of Intention for which no timely petition for an administrative hearing has been filed at the meeting specified in the notice. The permittee or other affected persons may state their objections to or comment in favor of the intended action, but the appearance shall not constitute grounds for an administrative appeal pursuant to Florida Statutes Chapter 120
(8) When a valid petition for administrative hearing has been filed, the Board shall defer consideration of the matter pending the completion of the administrative hearing and the submission of a recommended order and any exceptions to the order. The permittee may appear before the next meeting of the Board to discuss the intended action by submitting a written request within 14 days of receipt of the Notice of Intention. The Board may cancel the intended action or make such modifications as are deemed appropriate. An informal appearance before the Board pursuant to this subsection shall not constitute a waiver of the right to a formal administrative hearing.
(9) In the case of an emergency, the Executive Director may enter an order which suspends or revokes a permit, in whole or in part, or which modifies the terms and conditions of a permit. The permittee shall take whatever actions necessary to cause immediate compliance with the emergency order, but shall have the right of administrative appeal, subject to the provisions of subsections (4) through (7).
(10) District staff is authorized to administratively cancel a permit when the permittee or permittee’s authorized agent surrenders the consumptive use permit to the District, thereby relinquishing the right to conduct any activities under the permit. The permittee surrending an individual water use permit granted under Fl. Admin. Code Chapter 40A-2, shall ensure that all ground water wells have been either properly capped or plugged and abandoned according to subsection 40A-3.521(2), F.A.C., and that all surface water withdrawal points have been dismantled. Prior to an administrative cancellation, District staff shall perform a site visit to confirm these requirements have been met. Permit cancellation shall be requested using Water Use Permit Cancellation Form, Form No. 162, effective 4-15-14 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03996), hereby incorporated by reference, and which can be obtained from the District’s website (www.nwfwmd.state.fl.us) or from District offices.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.243, 373.246, 373.429, 373.439 FS. History-New 10-1-84, Amended 8-6-13, 4-15-14.