Fla. Admin. Code Ann. R. 40E-1.721 - Complaints, District Investigations, Probable Cause Determinations and Notices of Violations
(1) Any person may
file a written complaint with the District alleging that a person is in
violation of any of the provisions of Chapter 373, F.S., or provisions of
Chapter 403, F.S., 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 Section
120.57, F.S., 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 Chapter 373, F.S., 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 Chapter 373, F.S.
Notes
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.
New 9-3-81, Formerly 16K-1.09, 16K-2.03(3), Amended 5-11-93, Formerly 40E-1.510, Amended 10-3-95.
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