Florida Regulations 40E-6.341: Revocation of Permits
Current as of: 2024 | Check for updates
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(1) Under Sections 373.083 and 373.085, F.S., the District is authorized to revoke a right of way occupancy permit under any of the following circumstances:
(a) The Permittee or his agent has committed any of the acts enumerated in Fl. Admin. Code R. 40E-1.609;
(b) The permitted use interferes or will interfere with the construction, alteration, operation, or maintenance of present or proposed works or lands of the District;
(c) The Permittee has failed to immediately comply with an emergency or other order issued pursuant to Fl. Admin. Code R. 28-106.501;
(d) The permitted use is no longer consistent with the factors and conditions enumerated in Fl. Admin. Code R. 40E-6.221, the provisions of Florida Statutes Chapter 373, Title 40E, F.A.C., and the state water policy, Fl. Admin. Code Chapter 62-40
(e) The permitted use is inconsistent with any provision of this rule, or any subsequent revisions to this rule, including any provision of the Criteria Manual, incorporated by reference in Fl. Admin. Code R. 40E-6.091; or
(f) The permitted use is no longer consistent with District policy, based upon a change in District policy.
(2) Right of Way Occupancy permits are subject to immediate revocation by the District’s Executive Director with the concurrence of the Governing Board if an emergency condition exists and the continued exercise of the permit might endanger lives, human safety or property.
(3) Revocations for reasons specified in subsection (1) shall be conducted in accordance with the procedures specified in Rules 40E-1.609 and 28-107.004, F.A.C. Emergency revocations under subsection (2) shall be conducted in accordance with the procedures specified in Fl. Admin. Code R. 28-107.005
(4) The provisions herein shall take precedence over the general revocation provisions set forth in paragraphs 40E-1.609(1)(a) through (e), F.A.C., as the permit program governing use of works and lands of the District is a proprietary based program. To the extent there is any conflict between the general provisions of Fl. Admin. Code Chapter 40E-1, the specific provisions of Fl. Admin. Code Chapter 40E-6, shall prevail.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60(5), 373.085, 373.086, 373.129 FS. History-New 9-3-81, Formerly 16K-5.07(3), (4), Amended 12-29-86, 12-24-91, 9-15-99, 8-12-13.
(a) The Permittee or his agent has committed any of the acts enumerated in Fl. Admin. Code R. 40E-1.609;
(b) The permitted use interferes or will interfere with the construction, alteration, operation, or maintenance of present or proposed works or lands of the District;
(c) The Permittee has failed to immediately comply with an emergency or other order issued pursuant to Fl. Admin. Code R. 28-106.501;
(d) The permitted use is no longer consistent with the factors and conditions enumerated in Fl. Admin. Code R. 40E-6.221, the provisions of Florida Statutes Chapter 373, Title 40E, F.A.C., and the state water policy, Fl. Admin. Code Chapter 62-40
(e) The permitted use is inconsistent with any provision of this rule, or any subsequent revisions to this rule, including any provision of the Criteria Manual, incorporated by reference in Fl. Admin. Code R. 40E-6.091; or
(f) The permitted use is no longer consistent with District policy, based upon a change in District policy.
(2) Right of Way Occupancy permits are subject to immediate revocation by the District’s Executive Director with the concurrence of the Governing Board if an emergency condition exists and the continued exercise of the permit might endanger lives, human safety or property.
(3) Revocations for reasons specified in subsection (1) shall be conducted in accordance with the procedures specified in Rules 40E-1.609 and 28-107.004, F.A.C. Emergency revocations under subsection (2) shall be conducted in accordance with the procedures specified in Fl. Admin. Code R. 28-107.005
(4) The provisions herein shall take precedence over the general revocation provisions set forth in paragraphs 40E-1.609(1)(a) through (e), F.A.C., as the permit program governing use of works and lands of the District is a proprietary based program. To the extent there is any conflict between the general provisions of Fl. Admin. Code Chapter 40E-1, the specific provisions of Fl. Admin. Code Chapter 40E-6, shall prevail.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60(5), 373.085, 373.086, 373.129 FS. History-New 9-3-81, Formerly 16K-5.07(3), (4), Amended 12-29-86, 12-24-91, 9-15-99, 8-12-13.