Florida Regulations 40E-21.421: Enforcement
Current as of: 2024 | Check for updates
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(1) It shall be the policy of the District to seek the cooperation and assistance of state, county and municipal governmental officials, law enforcement officials, and police officers in the enforcement of the water shortage plan or any water shortage order issued pursuant thereto.
Counties and municipalities throughout the jurisdiction of the District are authorized and encouraged to adopt ordinances which provide for local enforcement of the provisions of this chapter, 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 chapter, the District may utilize any of the enforcement remedies available pursuant to Chapter 120 or 373, F.S., or Fl. Admin. Code Chapter 40E
(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 rule or order.
(4) The Executive Director or his designee may assign District personnel for the purpose of initiating enforcement action pursuant to Florida Statutes § 373.603, for the violation of any water shortage rule or order.
(5) In the event that a water shortage or water shortage emergency has been declared by the Board and the provisions of this chapter have been invoked, the Executive Director or his designee may thereafter take appropriate emergency action pursuant to Sections 373.119, 373.175(4), 373.246(7) and 120.69, F.S., and Fl. Admin. Code R. 40E-1.611, to enforce the provisions of this chapter or any order issued pursuant thereto, or alleviate any emergency conditions which might thereafter occur. Such action shall be subject to subsequent ratification by the Board at its next regular meeting.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246, 373.603, 373.609 FS. History-New 5-31-82, Amended 9-12-18.
Counties and municipalities throughout the jurisdiction of the District are authorized and encouraged to adopt ordinances which provide for local enforcement of the provisions of this chapter, 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.
Terms Used In Florida Regulations 40E-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 rule or order.
(4) The Executive Director or his designee may assign District personnel for the purpose of initiating enforcement action pursuant to Florida Statutes § 373.603, for the violation of any water shortage rule or order.
(5) In the event that a water shortage or water shortage emergency has been declared by the Board and the provisions of this chapter have been invoked, the Executive Director or his designee may thereafter take appropriate emergency action pursuant to Sections 373.119, 373.175(4), 373.246(7) and 120.69, F.S., and Fl. Admin. Code R. 40E-1.611, to enforce the provisions of this chapter or any order issued pursuant thereto, or alleviate any emergency conditions which might thereafter occur. Such action shall be subject to subsequent ratification by the Board at its next regular meeting.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246, 373.603, 373.609 FS. History-New 5-31-82, Amended 9-12-18.