Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40E - South Florida Water Management District
Chapter 40E-1 - GENERAL AND PROCEDURAL
Section 40E-1.609 - Suspension, Revocation and Modification of Permits

Universal Citation: FL Admin Code R 40E-1.609

Current through Reg. 50, No. 187; September 24, 2024

(1) Procedures concerning the District's suspension, revocation and modification of a permit are contained in the Uniform Rules of Procedure, Rule 28-106.2015, F.A.C.

(2) The District may temporarily suspend or revoke a permit, in whole or in part, when it determines that the permittee or an agent of the permittee has:

(a) Submitted false or inaccurate information on an application or operational report;

(b) Violated Chapter 373, F.S., or portions of Chapter 403, F.S., for which authority has been delegated to the District, and the rules promulgated thereunder, or any other provision of Florida law related to the operations or regulations of the District;

(c) Failed to comply with an Administrative Order issued pursuant to Section 373.119, F.S.;

(d) Violated a condition of the permit;

(e) Failed to permit inspection of the subject property.

(3) 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.

(4) The provisions of subsections (1) and (2) shall not preclude the District from exercising other enforcement remedies pursuant to Chapters 120, 373 and 403, F.S., when it determines such action is necessary and appropriate either in addition to or instead of suspension or revocation described above.

Rulemaking Authority 120.53, 373.044, 373.113, 373.119, 373.129, 373.136 FS. Law Implemented 120.53(1)(b), (c), 120.60(2), 373.119, 373.239, 373.243, 373.429 FS.

New 9-3-81, Amended 5-11-93, 10-3-95, 7-2-98, 6-12-00.

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