62-344.400. Content of Petition for Delegation

(1) Petitions for delegation shall include information sufficient to enable the Department to evaluate the proposal under the provisions of this chapter and Section 373.441, F.S. The petition shall initially include, at a minimum, all of the information in paragraphs (a) through (d), below. The local government may supplement the initial petition with any other information required in this chapter.

(a) The name, address, and title of the local government contact person.

(b) A map clearly depicting the legal boundaries of the geographic area subject to the petition.

(c) Documentation that the local government seeking delegation has or will have the authority to implement the environmental resource permit program within the area for which delegation is sought.

(d) A list of the environmental resource permit program rules of the Department, and District as applicable, that will be used to implement the requested delegation.

(2) Pursuant to subsection 62-344.300(6), F.A.C., the local government shall supplement the petition with the following information as requested by the Department:

(a) A list of any entities within the geographic area for which delegation is requested over which the local government does not have regulatory authority.

(b) A schedule for proposed implementation of the portions of the environmental resource permit program requested, including specific projections for meeting each of the criteria in subsection 62-344.500(3), F.A.C.

(c) A description of existing and proposed administrative, technical, legal and financial capabilities necessary to implement the portions of the environmental resource permit program requested, including:

1. An existing and proposed organizational chart which includes the division of the local government which will be administering the requested environmental resource permit program, showing the chain-of-command of supervisory authority for the local government;

2. The number of existing and proposed staff positions to implement the portion of the environmental resource permit program requested, including position qualifications and job descriptions;

3. An identification of the technical resources, such as sampling, laboratory, and computer equipment, and telecommunication capabilities it has or proposes to obtain to implement the program.

4. Documentation of existing and projected funding, including an approved budget for the past year, showing the fiscal resources available for implementation of the requested environmental resource permit program. The approved budget must clearly show the financial status of the division of the local government which will implement the requested environmental resource permit program.

5. Demonstration that the local government will comply with the quality assurance requirements of Chapter 62-160, F.A.C.

6. Copies of any ordinances or other legal authority by which the local government will implement the requested environmental resource permit program, including the proposed revisions to such ordinances if applicable, or other legal authority for complying with subsection 62-344.500(3), F.A.C.

7. Citation to the statute, Laws of Florida, or constitutional provisions creating the local government, including an identification as to whether the local government is a charter or a non-charter government.

8. Identification and copies of all local standards relating to the same subject area as the environmental resource permit program, and, if applicable, specifically identifying in a tabular format those standards which are stricter than and not conflicting with, and stricter than and conflicting with, the Department’s and District’s environmental resource permit program rules.

9. Information required for the Department to prepare a Statement of Estimated Regulatory Cost for the requested delegation, prepared in accordance with Sections 120.54 and 120.541, F.S., if required.

(3) One copy of the information requested in subsections 62-344.400(1) and (2), F.A.C., must be submitted with each category of information requested above clearly labeled.

(4) The petition must be accompanied by a resolution approved by the elected governing body of the local government, which resolution expresses support for the petition.

Rulemaking Authority 373.441(1) FS. Law Implemented 373.441 FS. History–New 8-29-95, Amended 8-7-12, 5-9-13.