Florida Regulations 40A-21.421: Enforcement
Current as of: 2024 | Check for updates
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(1) It is the policy of the District to seek the cooperation and assistance of the state, county and municipal governmental officials, and law enforcement officials in the enforcement of the water shortage plan or water shortage emergency or any water shortage order issued pursuant thereto. Counties and municipalities within the jurisdiction of the District are encouraged to adopt ordinances which provide for local enforcement of the provisions of this plan, or any order adopted pursuant thereto. It shall be the policy of the District to encourage local law enforcement officials to provide violators of the water use restrictions with no more than one written warning during the initial phases of a water shortage or water shortage emergency.
(2) In enforcing the provisions of any water shortage order issued pursuant to this plan, the District may utilize any of the enforcement remedies available pursuant to Chapter 120 or 373, F.S.
(3) Enforcement action may be initiated by the Executive Director or his Designee pursuant to Florida Statutes § 373.603, against an individual violator or class of violators or all of the violators of a particular water shortage order issued pursuant to this plan.
(4) The Executive Director or his Designee may assign District personnel for the purpose of initiating enforcement action, pursuant to Florida Statutes § 373.603, against an individual violator or class of violators of any water shortage rule or order issued pursuant to this plan.
(5) In the event that a water shortage or water shortage emergency has been declared and the provisions of this plan have been invoked, the Executive Director, with the concurrence of the Governing Board, may thereafter take appropriate emergency action pursuant to Sections 373.175(4), 373.246(7) and 120.69, F.S., or Fl. Admin. Code R. 40A-1.209, to enforce the provisions of this plan or any order issued pursuant thereto, or alleviate any emergency conditions which might thereafter occur. Such action shall be ratified, modified, or rescinded by the Board at its next scheduled meeting.
Rulemaking Authority 373.044, 373.113, 373.246, 373.603, 373.609 FS. Law Implemented 373.175, 373.246 FS. History-New 3-29-92, Amended 3-27-19.
Terms Used In Florida Regulations 40A-21.421
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(3) Enforcement action may be initiated by the Executive Director or his Designee pursuant to Florida Statutes § 373.603, against an individual violator or class of violators or all of the violators of a particular water shortage order issued pursuant to this plan.
(4) The Executive Director or his Designee may assign District personnel for the purpose of initiating enforcement action, pursuant to Florida Statutes § 373.603, against an individual violator or class of violators of any water shortage rule or order issued pursuant to this plan.
(5) In the event that a water shortage or water shortage emergency has been declared and the provisions of this plan have been invoked, the Executive Director, with the concurrence of the Governing Board, may thereafter take appropriate emergency action pursuant to Sections 373.175(4), 373.246(7) and 120.69, F.S., or Fl. Admin. Code R. 40A-1.209, to enforce the provisions of this plan or any order issued pursuant thereto, or alleviate any emergency conditions which might thereafter occur. Such action shall be ratified, modified, or rescinded by the Board at its next scheduled meeting.
Rulemaking Authority 373.044, 373.113, 373.246, 373.603, 373.609 FS. Law Implemented 373.175, 373.246 FS. History-New 3-29-92, Amended 3-27-19.