SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
IN RE:
EMERGENCY AUTHORIZATION FOR
REPAIRS, REPLACEMENT,
RESTORATION, AND CERTAIN
OTHER MEASURES MADE NECESSARY
BY TOPICAL DEPRESSION 4
_____________________________________
EMERGENCY ORDER NO. SWF 24-022
Under the authority of Sections 120.569(2)(n), 252.36, 252.46, and 373.119(2),
Florida Statutes (“F.S.”), and upon consideration of State of Florida Executive Order No. 24-
156, and the following findings of fact, the Southwest Florida Water Management District
(“District”) enters this Emergency Order ("Order"), including Findings of Fact and
Conclusions of Law, in response to the imminent or immediate danger to the public health,
safety, and welfare of the citizens residing within the District caused by a tropical wave
currently identified as Tropical Depression 4 (hereinafter, “the Storm”):
FINDINGS OF FACT
1. The District is an agency charged with the responsibility to conserve,
protect, manage, and control the water resources within all or part of sixteen (16) counties
designated in its geographic boundaries, including Charlotte, Citrus, DeSoto, Hardee,
Hernando, Highlands, Hillsborough, Lake, Levy, Mantatee, Marion, Pasco, Pinellas, Polk,
Sarasota, and Sumter counties (hereinafter referred to as the “Emergency Area”), and to
administer and enforce Chapter 373, F.S., and the rules adopted thereunder as Chapters
18-20, 18-21, 40D, and 62, Florida Administrative Code (“F.A.C.”). The District issues
authorizations for use of sovereign submerged lands pursuant to Chapters 253 and 373,
F.S., and permits in accordance with the various procedures and deadlines set forth in
Chapters 120, 373, and 403, F.S., and rules promulgated thereunder as Chapters 18-20,
18-21, 28, 40D, and 62, F.A.C.
2. By State of Florida Executive Order No. 24-156 and 24-157 (hereinafter
referred to collectively as the “Executive Order”), the Governor declared that a state of
emergency exists throughout the Emergency Area, based upon the serious threat to the
public health, safety, and welfare posed by the Storm.
3. The Executive Order recognizes that special duties and responsibilities
resting upon state, regional, and local agencies and other governmental bodies in
responding to the emergency may require waiver or deviation from the statutes, rules,
ordinances, and orders those agencies and bodies administer. Pursuant to the Executive
Order, each state agency may suspend the provisions of any regulatory statute
prescribing the procedures for conduct of state business or the order or rules of that
agency, if strict compliance with the provisions of any such statute, order, or rule would
in any way prevent, hinder, or delay necessary action in coping with the effects of the
Storm.
4. Section 373.119(2), F.S., provides that whenever the District’s executive
director, with the concurrence and advice of the governing board, finds that an emergency
exists requiring immediate action to protect the public health, safety, or welfare of the
citizens of the State of Florida, the executive director may, without prior notice, issue an
order reciting the existence of such an emergency and require that such action be taken
as the executive director deems necessary to meet the emergency.
5. The District finds that effects of the Storm created an ongoing state of
emergency threatening the public health, safety, welfare, and property throughout the
Emergency Area. As a result of the emergency, immediate action by Florida's citizens and
government may be necessary to repair, replace, and restore structures, equipment, surface
water management systems, works, and other systems damaged by the Storm.
6. The District finds that an emergency authorization is required to address the
need for immediate action because the normal procedures for obtaining the necessary
authorizations would not result in sufficiently timely action to address the emergency.
7. The District finds that immediate, strict compliance with the provisions of the
statutes, rules, or orders noted within this Order would prevent, hinder, or delay necessary
action in coping with the emergency, and that the actions authorized under this order are
narrowly tailored to address the immediate need for action and are procedurally appropriate
under the circumstances.
CONCLUSIONS OF LAW
8. Based on the findings recited above, it is hereby concluded that the
emergency caused by the Storm poses an immediate danger to the public health, safety, or
welfare and requires an immediate order of the District.
9. Under the Executive Order, and Sections 120.569(2)(n), 252.36, and 252.46,
and 373.119(2), F.S., the District’s Executive Director, or designee, is authorized to issue
this Final Order.
10. Suspension of statutes and rules as noted within this Order is required so as
not to prevent, hinder, or delay necessary action in coping with the emergency.
THEREFORE, it is hereby ORDERED that within the Emergency Area, the following apply:
GENERAL PROVISIONS
11. Authorized Representatives
The Executive Director hereby appoints the following representatives and delegates
to them the authority to issue authorizations, permits, and execute any emergency functions
in accordance with this Order: The Assistant Executive Director, Director of Regulation,
Director of Operations Lands & Resource Monitoring, Director of Resource Management,
and the Regulation Bureau Chiefs.
12. Limitations
The District issues this Emergency Order solely to address the emergency created
by the Storm within the Emergency Area, as described herein. This Emergency Order shall
not be construed to authorize any activity within the jurisdiction of the District except in
accordance with the express terms of this Emergency Order. Under no circumstances shall
anything contained in this Order be construed to authorize the repair, replacement, or
reconstruction of any type of unauthorized or illegal structure, habitable or otherwise. This
Order does not convey any property rights or any rights or privileges other than those
specified in this Order.
13. Expiration Date
This Emergency Order shall take effect retroactively to August 1, 2024, and expire
upon the expiration or rescission of Executive Order No. 24-156, as modified or extended.
14. Other Authorizations Required
Nothing in this Emergency Order shall eliminate the necessity for obtaining any other
federal, state, or local permits, or other authorizations that may be required.
15. Extension of Time to Comply with Specified Deadlines
For facilities and activities regulated by the District within the Emergency Area, this
Order extends by thirty days the time to comply with the following specified deadlines that
occur between the date of issuance of this Order and the expiration of this Order:
a. The time deadlines to conduct or report periodic monitoring or any other
similar monitoring that is required by a permit, lease, easement, consent of use, letter of
consent, consent order, consent agreement, administrative order, or other authorization
under Chapters 161, 253, 258, 373, 376, or 403, F.S., and rules adopted thereunder;
b. The time deadlines to file an application for an extension of permit duration
or renewal of an existing permit, lease, easement, consent of use, letter of consent, or
other authorization under Chapters 161, 253, 258, 373, 376, or 403, F.S., and rules
adopted thereunder;
c. The time deadlines to file an application for an operation permit under
Chapters 161, 253, 258, 373, 376 or 403, F.S, and rules adopted thereunder;
d. The expiration date for an existing permit, lease, consent of use, or other
authorization under Chapters 161, 253, 258, 373, 376 or 403, F.S., and rules adopted
thereunder; and
e. The time deadlines to obtain a permit for and commence construction of the
initial phase of a system for which a conceptual permit was issued pursuant to Part IV of
Chapter 373, F.S., and rules adopted thereunder.
f. The extension of time to comply with specified deadlines set forth in this
Section does not apply to the following:
i. The time deadlines for filing a petition for administrative hearing
pursuant to Chapter 120, F.S.;
ii. The time deadlines for providing notice of the intent to exercise the
tolling and extension granted under Section 252.363(1)(a), F.S.; or
iii. The time or expiration of any other deadline not specifically set forth in
this Order.
16. Deadlines for Agency Actions
Any deadlines specified in statutes, rules, agreements, or District orders, under
which the District is required by law to take action within a specified time period, and
under which failure by the District to timely take such action could result in any type of
default binding on the District (including the time to request additional information on
permit applications), are hereby suspended and tolled for a period of 30 days, provided
such deadline had not expired as of the effective date this Order
17. Suspension of Fees
a. All application fee requirements set forth in Chapter 373, F.S., and the rules
adopted thereunder, shall be suspended for the duration of this Order, and shall
recommence on the date immediately following the expiration of this Order set forth in
Paragraph 13 herein, unless this Order is extended or terminated by further order.
b. All lease fee and easement fee requirements set forth in Chapter 373, F.S.,
and the rules adopted thereunder, shall be suspended for the duration of this Order, except
that lease fee and easement fee requirements shall be suspended only in proportion to the
percentage loss of functionality of the total are under lease or easement. All lease fee and
easement fee requirements shall recommence on the date immediately following the
expiration of this Order set forth in Paragraph 13 herein, unless this Order is extended or
terminated by further order. However, the duration of the suspension of lease and easement
fees may be extended beyond the duration of this Order (including subsequent extensions
thereof) or beyond the date specified in a field authorization issued pursuant to this Order,
upon a written request by the lessee to extend the suspension of the lease or easement
fees. Such request must be received by the District before the expiration of this Order (or
extensions thereof) or before the date specified in the field authorization (whichever date it
later).
18. Procurement
To ensure the District is able to meet emergency response functions and provide for
continuity of operation, the Executive Director hereby suspends, to the extent necessary,
the effect of any statute, rule, or order that provides for the District’s ability to procure
necessary supplies, commodities, services, temporary premises, and other resources, to
include, without limiting the generality of the foregoing, any and all statutes, rules, and orders
that affect budgeting, leasing, printing, purchasing, travel, the conditions of employment, and
the compensation of employees.
CONSUMPTIVE USES OF WATER
19. General Conditions
All activities authorized under this Section are subject to the following conditions:
a. All activities shall be performed in a manner that minimizes adverse water
quality and water quantity impacts. This includes properly installed and maintained erosion
and turbidity control devices to prevent erosions and shoaling and to control turbidity,
nutrient loading, and sedimentation in off-site receiving waters.
b. Entities operating under this Order shall immediately correct any erosion,
shoaling, or water quality problems that result from the activities authorized under this order.
c. This Order is temporary in nature and shall not relieve the any obligation to
obtain necessary federal, state, local, or District permits or approvals.
d. This Order does not convey any property rights or any rights or privileges other
than those specified in this Order.
e. This Order only serves as relief for the duration of the Order from the
regulatory requirements of the District only and does not provide relief from the requirements
of other federal, state, water management districts, and local agencies. This Order therefore
does not negate the need to obtain any other required permits or authorizations, nor does it
negate the need to comply with all the requirements of those agencies.
20. Authorized Temporary Consumptive Uses
a. The following temporary consumptive uses of water—including pumping or
diverting water—are hereby authorized to address emergency conditions created by the
Storm:
i. On-Site Discharge – No Notice Required
The internal movement of water from flooded areas within a project site to
other areas within the same project site by the same owner. This authorization
does not permit pumping or discharging water to off-site property, canals, or
water bodies not completely on-site other than through permitted facilities.
ii. Off-Site Discharge by Governmental Entity – No Notice Required
The movement of water from a flooded area by a state, regional, or local
government agency, regardless of whether water is discharged on or off-site,
provided that the movement of water is limited to measures necessary to
address the emergency.
iii. Off-Site Discharge by Private Landowner – Notice Required
The movement of water from a flooded area by a private landowner to an offsite
location, provided the following:
A. The private landowner must provide notice of the activity to the
District prior to the movement of water;
B. An Authorized Representative, as set forth in paragraph 11 herein,
authorizes the activity; and
C. The activity is conducted in accordance with the conditions of the
District’s authorization.
21. Permit Condition Deferral
An Authorized Representative, as set forth in paragraph 11 herein, may authorize a
permittee to defer compliance with any of the terms and conditions of a water use permit for
such time as is necessary to address the emergency. The deferment may be conditioned
as appropriate to protect public health, safety, and welfare, both during the emergency and
for a period of time once normal operations under the permit resume.
22. Permit Modifications
An Authorized Representative, as set forth in paragraph 11 herein, may authorize a
modification of any of the terms and conditions of a water use permit as necessary to
address the emergency. The modification may be conditioned as appropriate to protect
public health, safety, and welfare, both during the emergency and for a period of time once
normal operations under the permit resume.
23. Field Authorizations
All District personnel are hereby authorized to issue temporary field authorizations
for consumptive uses. A temporary field authorization may only be issued following a site
inspection, and all District personnel are required to transmit the temporary field
authorization to an Authorized Representative for final approval. An Authorized
Representative may approve, modify, condition, or withdraw a temporary field authorization.
District personnel must create and maintain all approvals, and provide copy to the permittee.
ENVIRONMENTAL RESOURCE, DREDGE AND FILL, AND
SURFACE WATER MANAGEMENT ACTIVITIES
24. Terms and Conditions
The terms and conditions of the Florida Department of Environmental Protection’s
Amended and Restated Emergency Final Order No. 24-2222 shall apply to any activity
located in uplands and waters of the state, including wetlands, undertaken in response to
the Emergency.
NOTICE OF RIGHTS
Pursuant to Section 120.569(2)(n), Florida Statutes, any party adversely affected by
this Order has the right to seek an injunction of this Order in circuit court or judicial review of
it under Section 120.68, Florida Statutes. Judicial review must be sought by filing a notice
of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure, with the Clerk of
the District at 7601 U.S. Highway 301 North, Tampa, Florida 33637-6759, and by filing a
copy of the notice of appeal accompanied by the applicable filing fees with the appropriate
district court of appeal. The notice of appeal must be filed within thirty days after this Order
is filed with the Clerk of the District.
DONE AND ORDERED in Hernando County, Florida, on August 3, 2024.
