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Document Citation: 40C-21.421, F.A.C.
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Header:
FLORIDA ADMINISTRATIVE CODE
TITLE 40 WATER MANAGEMENT DISTRICTS
40C ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
CHAPTER 40C-21 THE WATER SHORTAGE PLAN
PART IV MONITORING AND ENFORCEMENT
Date:
08/31/2009
Document:
40C-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, 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 substantially incorporate the provisions of this chapter and which provide for local enforcement, or any order adopted pursuant thereto. It will 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 Chapter 40C-1, F.A.C.
(3) Enforcement action may be initiated by the Executive Director pursuant to Section 373.603, F.S., against an individual violator or class of violators or all of the violators of a particular water shortage or water shortage emergency rule or order.
(4) The Executive Director may assign District personnel for the purpose of initiating enforcement action pursuant to Section 373.603, F.S., against an individual violator or class of violators of any water shortage or water shortage emergency 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 may thereafter take appropriate emergency action pursuant to Sections 373.119, 373.175(4), 373.246(7) and 120.69, F.S., to enforce the provisions of this chapter or any order issued pursuant thereto, or alleviate any emergency conditions which might thereafter occur. Such action will 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 will be presumed that the person present at the premises who has a possessory interest in those premises where such unauthorized use is occurring, is responsible therefor. In the event that no one is present at the premises while such unauthorized use is occurring, it will be presumed that the owner of the premises is responsible for such use. These presumptions will not affect the burden of proof of the District to present a prima facie case as to each violation, and will be rebuttable by the presentation of evidence to indicate that another person was responsible for the unauthorized water use.
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