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Document Citation: 40A-21.421, F.A.C.
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FLORIDA ADMINISTRATIVE CODE
TITLE 40 WATER MANAGEMENT DISTRICTS
40A NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40A-21 WATER SHORTAGE PLAN
PART IV MONITORING AND ENFORCEMENT
Date:
08/31/2009
Document:
40A-21.421 Enforcement.
(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 Chapters 120 or 373, Florida Statutes.
(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 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 Section 373.603, Florida Statutes, 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, Florida Statutes, or Rule 40A-1.209, F.A.C., 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 Such action shall be ratified, modified, or rescinded by the Board at its next scheduled meeting.
(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 possessory interest in those premises is responsible. 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.
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