Document Citation: 40E-21.421, F.A.C.

Header:
FLORIDA ADMINISTRATIVE CODE
TITLE 40 WATER MANAGEMENT DISTRICTS
40E SOUTH FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40E-21 WATER SHORTAGE PLAN
PART IV MONITORING AND ENFORCEMENT

Date:
08/31/2009

Document:

40E-21.421 Enforcement.

(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 Chapters 120 or 373, Florida Statutes, or Chapter 40E, F.A.C.

(3) Enforcement action may be initiated by the Executive Director or his designee pursuant to Section 373.603, Florida Statutes, 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 Section 373.603, Florida Statutes, 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, Florida Statutes, and Rule 40E-1.611, F.A.C., 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.

(6) In the event a water user is in violation of the water shortage plan or any water shortage order issued pursuant thereto, it shall be presumed that the person present at the premises where such unauthorized use is occurring who has a possessory interest in those premises, is responsible therefor. In the event that no one is present at the premises while such unauthorized use is occurring, it shall be presumed that the owner of the premises is responsible for such use. These presumptions shall not affect the burden of proof of the District to present a prima facie case as to each violation, and shall be rebuttable by the presentation of evidence to indicate that another person was responsible for the unauthorized water use.