Fla. Admin. Code Ann. R. 62C-35.003 - Petition for Certification
(1) A
local government may petition the secretary to receive notices of intent to
mine and other documents required to carry out Chapters 62C-36 and 62C-39,
F.A.C.; to review such notices and documents; and to conduct compliance
inspections.
(2) The petition shall
be in writing, filed with the department, and include, at a minimum, the
following information:
(a) A statement that
the agency is petitioning for certification to administer state reclamation
requirements and whether the agency is petitioning for certification in whole
or in part. If in part, the limits of certification shall be clearly
defined.
(b) The name, address, and
phone number of the petitioning agency, including the name of the section,
division, department, office, or subgroup of the agency that will be
responsible for receiving notices, reviewing such notices, and conducting
compliance inspections.
(c) The
name, title, address, and phone number of the person within the petitioning
agency who will have the responsibility for administering the activities
granted by the certification.
(d)
The signature and title of the person authorizing the agency to petition for
certification.
(3)
Within 30 days of receipt of the petition, the department shall request any
additional information needed to evaluate the petition.
(4) The department shall place a notice in a
newspaper of general circulation in the petitioner's area within 30 days of
receipt of the petition. The notice shall state that such a petition has been
filed with the bureau and provide an address to which comments can be
sent.
(5) In deciding whether or
not to grant certification to a local government, the department shall
determine whether the following criteria are being met:
(a) The petitioning local government has
adopted and effectively implemented a local government comprehensive
plan.
(b) The local government has
adequate review procedures and the financial and staffing resources necessary
to assume responsibility for adequate review and inspection.
(c) The local government has a record of
effectively reviewing, inspecting, and enforcing compliance with local
ordinances and state laws.
(6) In making his determination, the
secretary shall consult with the Department of Community Affairs, the
appropriate regional planning council, and the appropriate water management
district.
(7) The secretary shall
grant, grant with modifications, or deny certification, as requested by the
petitioner, in whole or in part, within 90 days of receipt of the original
petition or the requested additional information. The secretary shall deny a
petition without prejudice, if requested additional information is not received
within 60 days of the receipt of a request for additional information by the
petitioner.
(8) The department
shall specify an effective date different from the date of approval to allow
the certified agency time to adopt any appropriate ordinances or rules
necessary to carry out the specific requirements of certification.
(9) Requests by a certified agency to modify
its certification shall be submitted and reviewed in the same manner as an
original petition.
(10) The
department may review certification at any time, but shall review certification
at least once every five years.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.