62-344.700. Delegation Agreements

(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.

Rulemaking Authority 373.441(1) FS. Law Implemented 373.441 FS. History–New 8-29-95, Amended 8-7-12.