(1) By petition to the secretary, a local government may request certification to receive notices of intent to mine, to review, and to conduct compliance inspections.
(2) In deciding whether to grant certification to a local government, the secretary 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.
(3) In making his or her determination, the secretary shall consult with the Department of Economic Opportunity, the appropriate regional planning council, and the appropriate water management district.
(4) The secretary shall evaluate the performance of a local government on a regular basis to ensure compliance with this section. All or part of the certification may be rescinded if the secretary determines that the certification is not being carried out pursuant to the requirements of this part.
(5) The department shall establish the certification procedure by rule.
History.—s. 1, ch. 86-294; s. 331, ch. 94-356; s. 1026, ch. 95-148; s. 117, ch. 99-385; s. 255, ch. 2011-142.
Structure Florida Statutes
Title XXVIII - Natural Resources; Conservation, Reclamation, and Use
Chapter 378 - Land Reclamation
Part III - Resource Extraction Reclamation (Ss. 378.401-378.901)
378.402 - Legislative findings and intent.
378.404 - Department of Environmental Protection; powers and duties.
378.405 - Reclamation review procedure.
378.406 - Confidentiality of records; availability of information.
378.4115 - County certification for limerock mining in the Miami-Dade County Lake Belt.
378.412 - Relationship with other laws.
378.501 - Limestone; notice of intent to mine required.
378.503 - Limestone reclamation performance standards.
378.701 - Fuller’s earth clay; notice of intent to mine required.
378.703 - Fuller’s earth clay reclamation performance standards.
378.801 - Other resources; notice of intent to extract required.
378.802 - Existing extraction locations.
378.803 - Other resources reclamation performance standards.