Florida Regulations 40A-1.209: Emergency Action
Current as of: 2024 | Check for updates
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(1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources.
(2) Whenever an emergency exists, the Executive Director shall issue an emergency order, which shall describe the conditions which are causing the emergency, and the type of corrective action necessary to minimize or abate the emergency conditions. The order shall be delivered by service of process or by personal delivery by an agent of the District to the person, or to the agent of the person responsible for causing or contributing to the emergency conditions.
(3) The person or his agent shall take whatever action necessary to cause immediate compliance with the terms of the emergency order, but shall have the right to appeal the order in accordance with the provisions of Fl. Admin. Code R. 40A-1.205, subsections (4) through (7).
(4) When an emergency condition exists pursuant to Florida Statutes § 373.439, the Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.439 FS. History-New 10-1-84.
Terms Used In Florida Regulations 40A-1.209
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Service of process: The service of writs or summonses to the appropriate party.
(3) The person or his agent shall take whatever action necessary to cause immediate compliance with the terms of the emergency order, but shall have the right to appeal the order in accordance with the provisions of Fl. Admin. Code R. 40A-1.205, subsections (4) through (7).
(4) When an emergency condition exists pursuant to Florida Statutes § 373.439, the Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.439 FS. History-New 10-1-84.