62-344.300. Procedures for Requesting Delegation

(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, e-mail 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.

(14) The local government may at any time during the review process voluntarily withdraw its petition for delegation without prejudice.

(15) If required to do so by Section 373.046(1), F.S., where the Department’s notice of intent proposes to grant the petition and enter into a delegation agreement, the Department shall publish a notice of rulemaking to adopt the delegration agreement by reference in accordance with Section 120.54, F.S. To the extent possible, this notice of rulemaking shall be published at the same time as the notice of intent is published.

(16) Any delegation agreement entered into in accordance with this procedure shall become effective when the delegation agreement is fully executed by both parties, and, if required by Section 373.046(1), F.S., is adopted by reference by the Department.

(17) Any order issued by a local government which is exercising delegated authority pursuant to this chapter is reviewable by the Governor and Cabinet sitting as the Land and Water Adjudicatory Commission as provided in Section 373.114(1), F.S.

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