(1) Permits issued prior to the effective date of September 15, 1999 and which do not comply with the Basis of Review incorporated by reference in Fl. Admin. Code R. 40E-6.091, shall expire upon the change of ownership of the property unless transferred pursuant to Fl. Admin. Code R. 40E-6.351 below. These authorizations shall not be transferred to a new property owner and must be immediately removed from the District’s right of way unless a new permit application has been submitted and approved by the District.

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Terms Used In Florida Regulations 40E-6.321

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
    (2) Unless revoked or otherwise modified the duration of a right of way occupancy permit is:
    (a) As set forth in the permit, including the special conditions to the permit; or
    (b) After construction is complete, perpetual, unless revoked.
    (3) Permits authorizing construction expire automatically on the date indicated on the face of the permit, unless a written request for extension is received by the District on or before the expiration date. If an extension has not been requested prior to the expiration of the permit, a new application, including the application processing fee, must be submitted. Upon the expiration of a permit, all construction activities must cease until the new permit has been issued. Extensions of the construction period may be granted administratively, or in cases involving litigation, environmental, water resource, or other impact, shall be referred to the Governing Board for final action. The District shall decline to extend a permit authorizing construction if the proposed use is no longer consistent with the objectives of the District or other provisions of these rules.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086 FS. History-New 9-3-81, Formerly 16K-5.07, Amended 12-29-86, 9-15-99.