Section 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 Department 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 Economic Opportunity, 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.Fla. Admin. Code Ann. R. 62C-35.003
Rulemaking Authority 378.404, 378.411 FS. Law Implemented 378.411 FS.
New 2-22-87, Amended 11-29-90, Formerly 16C-35.003, Amended 1-22-02.New 2-22-87, Amended 11-29-90, Formerly 16C-35.003, Amended 1-22-02.