Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-344 - DELEGATION OF THE ENVIRONMENTAL RESOURCE PROGRAM TO LOCAL GOVERNMENTS › Section 62-344.700 - Delegation Agreements

Current through Reg. 50, No. 138; July 16, 2024
(1) A local
				government shall not implement or enforce any provisions of Part IV of Chapter
				373, F.S., on behalf of the Department or Districts, except pursuant to a
				delegation agreement entered into under this chapter.
(2) At a minimum, delegation agreements shall
				contain all of the following information:
(a)
				The geographic area in which the delegated portion of the environmental
				resource permit program is effective, and any area within the local
				government's jurisdiction in which the Department or District retains, or
				another local government has been delegated, environmental resource permitting
				responsibilities.
(b) The relative
				regulatory responsibilities of the Department, District, and local
				government.
(c) A schedule for
				implementation of the delegated portion of the environmental resource permit
				program by the local government.
(d) A description of the data reporting
				requirements from the local government to the Department, and District if
				applicable.
(e) A description of
				how the local government will implement the provisions in paragraph
				 62-344.500(3)(b),
				F.A.C.
(f) A description of staff
				training programs the local government will undertake. At a minimum, the local
				government shall participate in training programs mandated by the Department
				and District.
(g) A description of
				the local government's administrative organization, staff, financial and
				technical resources, and equipment, which will be available and maintained to
				implement the delegated portion of environmental resource permit
				program.
(h) Duration of the
				delegation agreement.
(i)
				Procedures for periodic review and amendment of the delegation
				agreement.
(j) Procedures and
				criteria for revocation or termination of the delegation agreement.
(k) Provisions for the Department's
				oversight.
(l) Provisions for the
				deposition of all monetary penalties and damages recovered by a local
				government as a result of the local government's enforcement of the delegated
				portion of the environmental resource permit program into the Ecosystem
				Management and Restoration Trust Fund pursuant to Section
				 373.129(5)(a),
				F.S., or a local water pollution control program trust fund, which fund shall
				be used to fund surface water improvement or pollution control activities,
				pursuant to Section  373.430(7),
				F.S.
(m) Provisions detailing how
				the local governments will use or adopt the rules of the Department or the
				District with jurisdiction over the territory covered by the proposed
				delegation that are applicable to the delegated portion of the environmental
				resource permit program.
(n)
				Provisions detailing how a delegated local government will comply with Rule
				 62-344.600, F.A.C.
(o) Provisions for establishing procedures
				requiring local governments to not issue an environmental resource permit until
				the permit applicant has documented that the proposed activity is consistent
				with the future land use element of the local comprehensive plan in the area
				where the proposed activity will take place using the procedures specified in
				paragraph  62-344.500(3)(f),
				F.A.C.
(p) Provisions by which the
				local government will assume the enforcement lead role for violations of the
				delegated environmental resource permit program, and by which the local
				government will coordinate with the Department, or District if applicable, on
				enforcement matters. Such provision shall provide that the Department or
				District will not file a separate enforcement action when the local government
				has resolved a violation under its delegated authority through a final order or
				judgement. However, the Department and District retain the right to become a
				party to an enforcement action when requested by the local government, and the
				right to initiate enforcement action when a delegated local government is not
				resolving violations in a timely or appropriate manner as prescribed in the
				delegation agreement. In such cases, a joint or consolidated enforcement action
				will be considered as a preferred alternative to a unilateral enforcement
				action by the Department or District.
(q) Provisions by which a delegated local
				government will comply with subparagraph
				 62-344.400(2)(c) 
				5., F.A.C.