Title: Steps necessary for employees regarding violation of Ch. 373 F.S
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Permanent Link: http://ufdc.ufl.edu/UF00050825/00001
 Material Information
Title: Steps necessary for employees regarding violation of Ch. 373 F.S
Alternate Title: Steps necessary for employees regarding violation of Ch. 373 F.S. and Ch. 357R-1, and Regulations of SWFWMD with Forms of Notice, Well drillers, and Bond Coverage. Definitions.
Physical Description: 7p.
Language: English
Publication Date: Dec. 14, 1970
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 1A ( SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (Regulatory), Folder 1 ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050825
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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STEPS NECESSARY FOR EMPLOYEES OF SWFWMD(R)
REGARDING VIOLATIONS OF CH. 373, F.S., AND
CH. 357R-1, RULES & REGULATIONS OF SWFWMD(R)


1. The employees of SWFWMD(R) who serve the Notice to Cease and De-
sist, should, prior to said service, make a thorough investigation to see
that the acts thought to be in violation are not exempt under Chapter 373,
F.S., and/or SWFWMD(R) rules and regulations.

2. When the employee is convinced that the person drilling the well
involved is in violation of the statute and regulations, then he should
fill out the Notice to Cease and Desist form, in triplicate, keeping the
original and a copy for the Regulatory District's permanent file, and
delivering a copy of the Notice to the individual upon whom he serves
the Notice to Cease and Desist.

3. If the individual and/or company does not comply with the Notice
to Cease and Desist, then the Chief Hydrologist of SWFWM1D(R) should immed-
iately notify the Board's attorney that he and the Executive Director or
SWFWM.D(R) agree that the Board's attorney should file suit to enjoin fur-
ther violations of the statutes and regulations, and any other relief
that is appropriate under the circumstances. SWFWMD(R) should, simul-
taneously with the notification of the Board's attorney, report the
violation to the sheriff of the county in which the offense occurs, as
well as the county prosecuting attorney, on the form provided herewith
as Exhibit A.

4. Employees of SWFWMD(R) should assist in following up with the
Board's attorney, the sheriff and the county prosecutor.

5. A different procedure should be used if the person who is in
violation of Chapter 373, F.S., and the rules and regulations of
SWFWMD(R) is a registered well driller, pursuant to the rules and
regulations of SWFWMD(R). Then and in that event, the steps to be
taken should be those provided in Rule 357R-1.02(14). -

6. If SWFWMD(R) rejects, revokes or suspends a permit to dtia
well, then its employees should proceed pursuant to Rule 357R-1.03(11).











_.-------- ~,,,, ~_,. ____ ._.... ..~.. I-...._ .-~.._~~--~i









EXHIBIT A

FORM OF NOTICE TO SHERIFF AND COUNTY PROSECUTOR


To:_

You are hereby notified that
whose business address is
and whose home address is __
did, on 19 violate Chapter 373, Florida Statutes,
and the Rules and Regulation of the Southwest Florida Water Management Dis-
trict (Regulatory) (Chapter 357R-1, Administrative Code of the State of
Florida), in the following manner:















The Southwest Florida Water Management District (Regulatory), through
its duly authorized employees, did serve a Notice to Cease and Desist, a
conformed copy of which is attached hereto as Exhibit A, upon


has failed to cease and desist,
as provided for in said Notice.

Pursuant to Sections 373.201, 373.211 and 373.241, Florida Statutes,
the Southwest Florida Water Management District (Regulatory) requests that
you take the necessary action to arrest and prosecute
for violation of the law and the rules and regulations
of the Southwest Florida Water Management District (Regulatory).


SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT (REGULATORY)


By:














NOTICE TO CEASE AND DESIST

TO


(Name of person and/or company
to whom Notice is directed)


You.are in violation of Chapter 373, Florida Statutes, and Chapter

357R-1 'of the Rules and Regulations of the Southwest Florida Water Manage-

ment District (Regulatory), to-wit:

Florida Statutes

SWFWIMD(R) Rules

If you do not correct the above violations on or before A.M.,

on 19 then the Southwest Florida Water

Management District (Regulatory) will proceed as it might be advised

under the following laws:

5373.201 Power to enforce. The state board, the govern-
ing board of any water management district within which a water
regulatory district is located, any local board, and any officer
or agent of these boards may enforce any provision of this law
or any rule or regulation adopted and promulgated or order is-
sued thereunder to the same extent as any peace officer is
authorized to enforce the law. Any officer or agent of any
such board may appear before any magistrate empowered to issue
warrants in criminal cases and make an affidavit and apply for
the issuance of a warrant in the manner provided by law and
said magistrate, if such affidavit shall allege the commission
of an offense, shall issue a warrant directed to any sheriff,
deputy, or constable for the arrest of any offender.

373.211 Enforcement; city and county officers to assist.
It shall be the duty of every state and county attorney, sheriff,
constable, police officer and other appropriate city and county
officials, upon request, to assist the board, the governing
board of any water management district, or any local board,
or any of their agents in the enforcement of the provisions
of this law and the rules and regulations adopted thereunder.

$ 373.221 Maintenance of actions. The board, the govern-
ing board of any water management district, or any local board
is authorized to commence and maintain proper and necessary
S actions and proceedings in any court of competent jurisdiction
for any of the following purposes:
(1) To enforce rules, regulations and orders adopted
or issued pursuant to this law.
(2) To enjoin or abate violations of the provisions of
this law or rules, regulations and orders adopted pursuant
thereto.





; 0 .















(3) To protect and preserve the water resources of the
state.
(4) To defend all actions and proceedings involving its
powers and duties pertaining to the water resources of the
state.

373.24.1 Penalties. Any person who violates any pro-
vision of this law or any rule, regulation or order adopted or
issued pursuant thereto is guilty of a misdemeanor and upon
conviction shall be subject to punishment by imprisonment,
not exceeding 6 months or fine not exceeding $500.00 or both.

If you have any questions regarding this matter, you should immed-

iately contact the office of the Chief Hydrologist, Southwest Florida

Water Management District (Regulatory), at the District office on U.S.

Highway #41, located seven miles south of Brooksville, Florida, or by

telephoning Brooksville (904) 796-3511 or Tampa (813) 229-2811.


SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT (REGULATORY)


By



STATE OF FLORIDA
COUNTY OF

THIS IS TO CERTIFY, That I,

have this day served upon, and delivered, a copy of the above citation,

to. .

Dated, this day of 19 .







Sworn to and subscribed before me

this ___ day of 19 .



Notary Public
My commission expires









-2-











BOND FOR LWE"LL DRILLE`",RS


KNOW ALL MEN BY THESE PRESENTS: That we,
hereinafter called the
Principal, and
a corporation duly qualified and authorized under the laws of the
State of Florida to act as-surety on bonds, hereinafter called
the Surety, are held and firmly bound unto the SOUT4HWEST FLORIDA
WATER MANAGEMENT DISTRICT (REGULATORY), its successors and assigns,
in the sum of Five Thousand Dollars, the true payment whereof
well and truly to be made we do bind ourselves, our respective
heirs, executors, administrators, successors, assigns, jointly and
severally, firmly by this bond.

The condition of this bond is such that if the above bound
Principal, and each officer, employee, or agent of said Principal,
shall comply with the provisions of Chapter 373, Florida Statutes,
and other applicable laws of this State, the rules and regula-
tions prescribed by the SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT (REGULATORY) (Chapter 357, R-l, Administrative Code of
the State of Florida and amendments thereto), and the orders
adopted or issued pursuant thereto for the protection of the
water resources of the area encompassed by the SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT, that this obligation shall become null
and void; otherwise to remain in full force and effect.

THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
shall have a direct right of action against the Principal and
Surety under this obligation for damage to the water resources of
such area suffered as a result of the failure of the Principal or
officers, employees or agents of said Principal in failing to
comply with such provisions of the laws, rules, regulations and
orders; provided, however, that no suit, action or proceeding by
reason of any such failure whatsoever shall be brought upon this
bond after one year from the date such damage occurs.

The premium anniversary of this bond shall be midnight on
the 30th day of June.

The Surety may cancel this bond and be relieved of further
liability hereunder by delivering 30 days' written notice to the
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY); however,
such cancellation shall not affect any liability incurred or
accrued hereunder prior to the termination of said period.

In witness whereof, the Principal and Surety have executed
this Bond on this day of 19__.



Principal

(SEAL)

By
Attorney in Fact
Surety

APPROVED BY:

SOUTHWEST FLORIDA WATER
"MANAGEMENT DISTRICT (REGULATORY)

| this day of 19__

By
: I Title_



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CERTIFICATE OF BOND COVERAGE




This is to certify that
hereinafter called Employee, is presently employed by
hereinafter called Employer,
and that such Employee is covered by a surety bond for well
driller held by Employer as Principal and by
as Surety, which said bond was executed
on the day of 19 .

The Employer agrees to forthwith notify the SOUTHWEST
FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY) in writing of
the termination of the employment of said Employee by the
Employer.

Dated this day of 19_.





Employer

Witness:










BOND FOR WELL DRILLERS


KNOW ALL MEN BY THESE PRESENTS: That we,

hereinafter called the Principal,
and a corporation
duly qualified and authorized under the laws of the State of Florida
to act as surety on bonds, hereinafter called the Surety, are held
and firmly bound unto the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
(REGULATORY), its successors and assigns, in the sum of Five Thousand
Dollars, the true payment whereof well and truly to be made we do bind
ourselves, our respective heirs, executors, administrators, successors,
assigns, jointly and severally, firmly by this bond.

The condition of this bond is such that if the above bound
Principal, and each officer, employee, or agent of said Principal,
shall comply with the provisions of the laws of this State, the rules
and regulations prescribed by the SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT (REGULATORY) and the orders adopted or issued pursuant
thereto for the protection of the water resources of the area encom-
passed by the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, then this
obligation shall become null and void; otherwise to remain in full
force and effect.

The SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
shall have a direct right of action against the Principal and Surety
under this obligation for damage to the water resources of.such area
suffered as a result of the failure of the Principal or officers,
employees or agents of said Principal in failing to comply with such
provisions of the laws, rules, regulations and orders; provided,
however, that no suit, action or proceeding by reason of any such
failure whatsoever shall be brought upon this bond after one year
from the date such damage occurs.

The premium anniversary of this bond shall be midnight on the
30th day of June.

The Surety may cancel this bond and be relieved of further
liability hereunder by delivering 30 days written notice to the
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY); however,
such cancellation shall not affect any liability incurred or accrued
hereunder prior to the termination of said period.

In witness whereof, the Principal and Surety have executed
this Bond on this day of 19 .




Principal




(SEAL)
By
Attorney in Fact
Surety

APPROVED BY
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT (REGULATORY)
this day of 19 .


By
Title




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