Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-344 - DELEGATION OF THE ENVIRONMENTAL RESOURCE PROGRAM TO LOCAL GOVERNMENTS › Section 62-344.300 - Procedures for Requesting Delegation

Current through Reg. 50, No. 138; July 16, 2024
(1) Any local
				government may petition the Department to receive delegation of all or a
				portion of the Department or District's responsibilities under the
				environmental resource permit program. The petition shall be filed with the
				Department's Agency Clerk.
(2) The
				petition as initially submitted shall contain the items required by subsection
				 62-344.400(1),
				F.A.C.
(3) Within 30 days of
				receipt of the petition, the Department shall request submittal of any
				additional information needed to review the petition under subsections
				 62-344.500(2) and
				(4), F.A.C.
(4) Within 30 days of receipt of timely
				requested additional information, the Department shall review such information
				and shall request only that information needed to clarify or to answer new
				questions raised by or directly related to such additional
				information.
(5) The Department,
				within 90 days of receipt of all information requested pursuant to subsections
				(3) and (4), above, shall first determine whether granting the petition would
				further the goal of providing an efficient, effective, and streamlined
				environmental resource permit program pursuant to the provisions of subsection
				 62-344.500(2),
				F.A.C. If not, the Department shall notice the petition for denial pursuant to
				the provisions of this section. If it will further these goals, the Department
				shall review the petition in accordance with subsection
				 62-344.300(6),
				F.A.C., and the other applicable provisions of this chapter.
(6) If a petition is found to further the
				goal of providing an efficient, effective, and streamlined environmental
				resource permit program pursuant to the provisions of subsections
				 62-344.500(2),
				F.A.C., the Department shall, within 90 days after receipt of all information
				requested pursuant to subsections (3) and (4), above, request the information
				required by subsection
				 62-344.400(2),
				F.A.C.
(7) Within 90 days of
				receipt of the information required by subsection (6), above, the Department
				shall review such information and shall further request only that information
				needed to complete such information or to clarify or answer new questions
				raised by or directly related to such information. Within 30 days of receipt of
				timely requested additional information, the Department shall review such
				information and shall request only that information needed to clarify or to
				answer new questions raised by or directly related to such additional
				information.
(8) Within 180 days of
				receipt of all the information requested in accordance with subsections (6) and
				(7), above, unless waived by the local government, the Department shall provide
				either a written notice of intent to deny the petition, or a written notice of
				intent to grant the petition and enter into a proposed delegation agreement
				attached to the notice of intent. Delegation of authority shall be approved if
				the local government meets the requirements of this chapter.
(9) A failure by the Department to meet any
				of the time frames in this section shall not be deemed to constitute approval
				of a delegation by default.
(10) If
				the Department intends to grant the petition for delegation, the local
				government shall publish the notice of intent in a newspaper having general
				circulation in the local government's territory.
(11) Where the Department's notice of intent
				proposes to deny the petition, the notice shall include the specific details of
				the statutory or rule provisions that were not satisfied and specify any steps
				the local government must take to obtain the requested delegation.
(12) Any substantially affected person may,
				pursuant to Section  120.57, F.S., seek an
				administrative hearing on a notice of intent to grant or deny the petition. The
				time frames for requesting an administrative hearing on a notice of intent to
				grant or deny the petition shall be those set forth in the Department's rules
				governing points of entry into proceedings.
(13) In the event a delegation under this
				chapter is not approved or denied within one year after being initiated, the
				local government seeking the delegation may petition the Governor and Cabinet
				for review of the request for delegation. Section
				 373.441(2),
				F.S., provides for Governor and Cabinet reversal of decisions of the
				Department. The date the local government submits its petition for delegation
				to the Department shall be considered the date the delegation was initiated.
(a) The petition to the Governor and Cabinet
				shall be filed with the Department's Agency Clerk at the Department of
				Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, FL
				32399-3900, and the Department shall forward the petition to the Governor and
				Cabinet within 7 days of receipt.
(b) The petition shall be placed on the
				agenda for review at the next available Governor and Cabinet meeting.
(c) The standard for approval or denial of
				the delegation by the Governor and Cabinet shall include the requirements of
				Section  373.441(3),
				F.S., and Rule  62-344.500, F.A.C.
(d) The petition shall include the following:
1. Identification that the Department is the
				agency affected, and identification of the local government, including any
				subdivision of the local government, that is responsible for filing the
				petition for delegation and, if different, the petition to the Governor and
				Cabinet for review,
2. The mailing
				address, email address, telephone number, and facsimile number of the primary
				contact person in the local government,
3. The date the local government officially
				approved filing of the petition for review of the delegation with the Governor
				and Cabinet, together with a copy of the documentation of that approval,
4. A statement of the facts or
				issues that are in dispute, including any reasons the local government believes
				the Department has not acted properly on the petition for delegation under
				Section  373.441, F.S., or Chapter
				62-344, F.A.C.,
5. A detailed
				statement of the efforts made by the local government to address the facts in
				dispute or resolve the issues identified in subparagraph (d)4., above;
				and,
6. A statement of the relief
				requested by the local government, including a proposal to resolve the facts in
				dispute or issues raised by the local government.