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DELEGATION AGREEMENT-DEPT OF ENVIRONMENTAL PROTECTION & CONSTRUCTION LICENSE BOARD t l DELEGATION AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, PINELLAS COUNTY, FLORIDA, AND THE PINELLAS COUNTY CONSTRUCTION LICENSING BOARD Whereas, the Florida Department of Environmental Protection, hereinafter referred to as the "FDEP", is charged by the Florida Legislature to establish coastal construction control lines along the sand beaches of the state fronting on the Gulf of Mexico in accordance with s. 161.053, F.S., and Whereas, the purpose of establishing coastal construction control lines is to ensure protection ofthe beach-dune system, proposed or existing structures, and adjacent properties and the preservation of public beach access, and Whereas, s. 161.053(4), F.S. allows any coastal county or coastal municipality to establish coastal construction zoning and building codes in lieu of the provisions of s. 161.053, F.S. where approved by the FDEP as being adequate to preserve and protect the beaches and coastal barrier dunes adjacent to such beaches which are under the jurisdiction ofthe FDEP from imprudent construction that will jeopardize the stability of the beach-dune system, accelerate erosion, provide inadequate protection to upland structures, endanger adjacent properties or interfere with public beach access, and Whereas, the affected municipalities, hereinafter referred to as the "Local Permitting, Inspection, and Enforcement Authorities," and Pinellas County, Florida, hereinafter referred to as the "County," collectively possess the interest and resources to adequately administer a program meeting the requirements ofs. 161.053, F.S., and Whereas, the Pinellas County Construction Licensing Board, hereinafter referred to as the "Board", was established by a special act of the Florida Legislature (Chapter 73-595 Part II and Chapter 75-489 Part III, Laws of Florida, as amended) as the sole authority in Pinellas County for establishing building codes and hearing appeals and variance requests for matters pertaining to building codes, and Whereas, the Board possesses the legislative authority to assume the responsibility for accepting delegated authority pursuant to s. 161.053, F.S. by enacting the "Pinellas Gulf Beaches Coastal Construction Code", and Whereas, the County desires to assist the Board in administering the program by monitoring and providing technical assistance to the Local Permitting, Inspection, and Enforcement Authorities charged with administering the program, and F:\USERS\ATTy\ATYKB41\WPDOCS\PCCLB\DELEGATION AGREEMENT FDEP & PCCLB.doc Page I of5 'j/) Whereas, the Board intends to maintain the coastal construction control line as previously established by the Board and adopted by the Governor and Cabinet of the State of Florida on December 19, 1978, and recorded with the Clerk of the Circuit Court for Pinellas County. Therefore, the Secretary of the Department of Environmental Protection delegates to the Pinellas County Construction Licensing Board and Pinellas County, Florida, and the Pinellas County Construction Licensing Board and Pinellas County, Florida, agree to accept the delegation of authority to meet the requirements ofs. 161.053, F.S. under the terms and conditions contained herein. 1. DELEGATED POWERS The Board assumes the responsibility for implementing a locally administered program meeting the intent to s. 161.053, F.S, All functions, powers and duties not specifically delegated in this Agreement are retained by the FDEP. 2. STANDARDS OF PERFORMANCE a. The Board shall implement a program meeting the intent of s. 161.053, F.S. by and through its Pinellas Gulf Beaches Coastal Construction Code, hereinafter referred to as the "Code", which is incorporated into this Agreement by reference. The Code may not be altered without the express written consent of the FDEP. b. The Code shall apply to the Pinellas County barrier islands, as further described in the legal description provided in the Code. c. The Board, without the express written consent of the FDEP shall not approve any variances from the Code. Authorization for variances requested as a result of unusual construction requirements, field conditions, or material hardship shall not be unreasonably withheld by the FDEP. d. Local Permitting, Inspection, and Enforcement Authorities shall administer the Code, as provided for in the Code. e. The County shall provide monitoring services and technical assistance to the Board of the activities of the Local Permitting, Inspection, and Enforcement Authorities as it pertains to their performance and duties subject to the Code. 3. OVERSIGHT AND REPORTING ACTIVITIES a. Because the FDEP retains ultimate responsibility for the Board's activities under this Agreement, the FDEP shall require the following oversight activities: F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\DELEGA nON AGREEMENT FDEP & PCCLB.doc Page 2 of5 1. The County shall, on a semi-annual basis, provide a report to the Board summarizing construction activity in Zone 1 and Zone 2, as provided in the Code. The content and format of such reports shall be determined by the FDEP. ii. The Board shall investigate allegations of non-compliance by Local Permitting, Inspection, and Enforcement Authorities required to administer and enforce the Code, where there is reasonable cause. The County shall also include in its semi- annual report a summary of any non-compliance inquiries. iii. The Board shall notify the FDEP in writing of any finding of "Substantial Non-compliance" concerning a Local Permitting, Inspection, and Enforcement Authority. IV. At least once each five years, the FDEP and the Board shall perform an evaluation of compliance with the delegated responsibilities. The purpose of the evaluation shall be to identify strengths and weaknesses in the program and identify improvements. Program evaluations shall be in writing. The Local Permitting, Inspection, and Enforcement Authorities shall be entitled to comment on the draft report before a final written evaluation is issued. 4. TERM OF THE AGREEMENT AND TERMINATION PROCEDURES a. The FDEP may make a finding of substantial non-compliance with this Agreement when the Board has failed to administer the Code in good faith as demonstrated by repeatedly failing to identify and invoke sanctions against Local Permitting, Inspection, and Enforcement Authorities that: 1. Fail to withhold the issuance of permits when issuance is not reasonably warranted under the Code, or ii. Fail to properly perform inspections required under the Code, or iii. Fail to take enforcement action where a violation is revealed during an inspection. b. The FDEP may make a finding of substantial non-compliance with this Agreement if the Code is amended without its express written approval. c, After having made a finding that the Board is in substantial non- compliance with the terms and conditions of this Agreement, the FDEP F:\USERS\A TTY\ATYKB41 \ WPDOCS\PCCLB\DELEGA nON AGREEMENT FDEP & PCCLB.doc Page 3 of 5 I' shall conduct a hearing pursuant to s. 120.569, F.S. In the event an FDEP finding of substantial non-compliance is upheld, the Agreement shall be terminated. d. This Agreement may be terminated for reasons other than cause by either party providing a written notice of six months, and conducting a hearing pursuant to s, 120.569, F.S.. 5. AMENDMENT PROCEDURES Either party at any time initiate an amendment to this Agreement. All amendments shall be in writing, and shall be executed by the Secretary of the Department of the Environmental Regulation, the Chairperson of the Pinellas County Construction Licensing Board, and the Chairman of the Pinellas County Board of County Commissioners. (The remainder of this page intentionally left blank.) F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\DELEGA TION AGREEMENT FDEP & PCCLB.doc Page 4 of 5 . <It Florida Department of Environmental Protection Pinellas County Construction Licensing Board by David B. Struhs, Secretary by Paul J. Skipper, Chairman Date: Date: ATTEST: ATTEST: Reviewed for Legal Form and Content: Content: Reviewed for Legal Form and Content: by Assistant General Counsel by Attorney to the Board ATTEST: KARLEENF.DEBLAKER PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners By: Deputy Clerk By: Chairman (seal) APPROVED AS TO FORM: Office of the County Attorney F:\USERS\ATIY\ATYKB41\WPDOCS\PCCLB\DELEGATION AGREEMENT FDEP & PCCLB.doc Page 5 of5 , .