Fla. Admin. Code R. 40A-1.1003

Current through Reg. 50, No. 217; November 5, 2024
Section 40A-1.1003 - Variance and Emergency Variance or Authorization Procedures
(1) Petitions for variances from District rules, including but not limited to Rules 40A-3.451, 40A-6.451, 40A-21.275 and 40A-44.451, F.A.C., that require immediate action and which comply with the variance petition requirements of Chapter 28-104, F.A.C., shall be temporarily acted upon by the Executive Director or his designee. Petitions acted upon by the Executive Director or his designee shall be presented to the Governing Board for concurrence, rejection or modification.
(2) Mere carelessness, lack of planning on the part of the applicant or an agent for the applicant, or a desire to expedite the required work shall not be sufficient grounds to warrant the granting of an emergency variance or authorization. The decision of the Executive Director or his designee, will remain in effect until such time as the petition is fully evaluated and acted upon by the Governing Board.
(3) The district shall take action on an application for an emergency variance or authorization within 30 days of its receipt by the district or at its next regularly scheduled meeting for which notice may properly be given.

Fla. Admin. Code Ann. R. 40A-1.1003

Rulemaking Authority 120.54(5), 373.044, 373.085(1), 373.246, 373.308, 373.309, 373.113, 373.171 FS. Law Implemented 120.54(5), 373.175, 373.246, 373.308, 373.309, 373.313, 373.316, 373.326, 373.342, 373.413, 373.416, 373.426, 373.439, 373.084, 373.085 FS.

New 7-1-98, Amended 3-2-00.

New 7-1-98, Amended 3-2-00.