Florida Regulations 40E-1.721: Complaints, District Investigations, Probable Cause Determinations and Notices of Violations
Current as of: 2024 | Check for updates
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(1) Any person may file a written complaint with the District alleging that a person is in violation of any of the provisions of Florida Statutes Chapter 373, or provisions of Florida Statutes Chapter 403, for which authority has been delegated to the District, or the rules promulgated thereunder or an order issued pursuant thereto. Any person may file a written complaint alleging that a lawfully issued District permit is causing a public or private nuisance. District investigations and probable cause determinations preliminary to District action are not subject to the provisions of Florida Statutes § 120.57, or the rules in this part promulgated thereunder.
(2) The complaint shall specify to the best of complainant’s knowledge the identity of the alleged violator, the location and nature of the alleged violation, and any additional information deemed relevant or material by the complainant. The complaint must be signed by the complainant or the complainant’s agent and contain an address or phone number where the complainant can be reached. The District shall request that the complainant to furnish any additional information reasonably necessary to aid in investigating the complaint.
(3) Upon receipt of a complaint filed pursuant to this section, the District shall conduct an investigation and make a determination of probable cause. Nothing in this rule shall preclude the District from conducting investigations and probable cause determinations as otherwise authorized or required by law.
(4) An investigation or determination of probable cause is a non-adversary executive function to discover or procure evidence as part of the fact finding function of the District. The District need not have an administrative complaint pending to conduct an investigation or make such a determination.
(5) Upon receipt of a field inspection or investigation report and upon a finding of probable cause, District staff are authorized to issue a Notice of Violation providing instructions for compliance with Florida Statutes Chapter 373, and all applicable District rules. Nothing in this rule shall preclude the District from seeking injunctive relief or filing any other action that is authorized by Florida Statutes Chapter 373
Rulemaking Authority 120.53(1), 120.54(10), 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57(4), 373.219(2), 373.229(2), 373.333(2), 373.429 FS. History-New 9-3-81, Formerly 16K-1.09, 16K-2.03(3), Amended 5-11-93, Formerly 40E-1.510, Amended 10-3-95.
Terms Used In Florida Regulations 40E-1.721
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(3) Upon receipt of a complaint filed pursuant to this section, the District shall conduct an investigation and make a determination of probable cause. Nothing in this rule shall preclude the District from conducting investigations and probable cause determinations as otherwise authorized or required by law.
(4) An investigation or determination of probable cause is a non-adversary executive function to discover or procure evidence as part of the fact finding function of the District. The District need not have an administrative complaint pending to conduct an investigation or make such a determination.
(5) Upon receipt of a field inspection or investigation report and upon a finding of probable cause, District staff are authorized to issue a Notice of Violation providing instructions for compliance with Florida Statutes Chapter 373, and all applicable District rules. Nothing in this rule shall preclude the District from seeking injunctive relief or filing any other action that is authorized by Florida Statutes Chapter 373
Rulemaking Authority 120.53(1), 120.54(10), 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57(4), 373.219(2), 373.229(2), 373.333(2), 373.429 FS. History-New 9-3-81, Formerly 16K-1.09, 16K-2.03(3), Amended 5-11-93, Formerly 40E-1.510, Amended 10-3-95.