Section 40E-6.341 - Revocation of Permits(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 Rule 40E-1.609, F.A.C.;(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 Rule 28-106.501, F.A.C.;(d) The permitted use is no longer consistent with the factors and conditions enumerated in Rule 40E-6.221, F.A.C., the provisions of Chapter 373, F.S., Title 40E, F.A.C., and the state water policy, Chapter 62-40, F.A.C;(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 Rule 40E-6.091, F.A.C.; 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 Rule 28-107.005, F.A.C.(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 Chapter 40E-1, F.A.C., the specific provisions of Chapter 40E-6, F.A.C., shall prevail.Fla. Admin. Code Ann. R. 40E-6.341
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60(5), 373.085, 373.086, 373.129 FS.
New 9-3-81, Formerly 16K-5.07(3), (4), Amended 12-29-86, 12-24-91, 9-15-99, 8-12-13.New 9-3-81, Formerly 16K-5.07(3), (4), Amended 12-29-86, 12-24-91, 9-15-99, 8-12-13.