Florida Regulations 40C-9.340: Unauthorized Facilities or Structures
Current as of: 2024 | Check for updates
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(1) Constructing or erecting any facility or structure is prohibited on all District Lands unless authorized by a District Lease or Special Use Authorization, as appropriate.
(2) Any unauthorized facility or structure discovered on District Lands shall be removed according to the following procedure:
(a) Upon discovery of the unauthorized facility or structure, District staff shall post a notice on such facility or structure, for a period of 30 days, informing the owner that such facility or structure is not authorized on the District Land and that the owner must remove such facility or structure.
(b) The owner of an unauthorized facility or structure shall remove such facility or structure within 30 days after the posting of the District notice.
(c) If the owner of the unauthorized facility or structure fails to remove such facility or structure within 30 days after posting of the District notice, the District shall remove such facility or structure from the District Land or claim such facility or structure as District property. The District may seek reimbursement of costs for removal of any unauthorized facility or structure from the owner of such facility or structure.
Rulemaking Authority 373.044, 373.113, 373.1391 FS. Law Implemented 373.1391, 373.1401, 373.199 FS. History-New 1-16-94, Amended 5-11-94, 7-30-01, 6-7-04.
Terms Used In Florida Regulations 40C-9.340
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(a) Upon discovery of the unauthorized facility or structure, District staff shall post a notice on such facility or structure, for a period of 30 days, informing the owner that such facility or structure is not authorized on the District Land and that the owner must remove such facility or structure.
(b) The owner of an unauthorized facility or structure shall remove such facility or structure within 30 days after the posting of the District notice.
(c) If the owner of the unauthorized facility or structure fails to remove such facility or structure within 30 days after posting of the District notice, the District shall remove such facility or structure from the District Land or claim such facility or structure as District property. The District may seek reimbursement of costs for removal of any unauthorized facility or structure from the owner of such facility or structure.
Rulemaking Authority 373.044, 373.113, 373.1391 FS. Law Implemented 373.1391, 373.1401, 373.199 FS. History-New 1-16-94, Amended 5-11-94, 7-30-01, 6-7-04.