The Florida Senate

341.348  Reports and studies.--

(1)  In order to verify or supplement the information in a certification application, reports of the agencies specified in s. 341.352(2) shall be prepared, submitted to the department and the administrative law judge, and made available for other parties to review or copy. Neither the failure to submit a report nor the inadequacy of the report is a ground to deny or condition certification. Each reviewing agency shall initiate the activities required by this section as soon as each application is received. Each agency shall keep the franchisee informed as to the progress of its studies and any issues raised by the studies.

(2)  The reports shall be submitted to the department no later than 4 months after the applications have been determined to be complete for inclusion in the agency analysis. The failure of any agency to submit a report, or to submit its report within the allowed time, is not a ground for the alteration of any time limitation in ss. 341.3201-341.386. Each report must contain:

(a)  An assessment of the impacts of the proposed high-speed rail transportation system as determined by the studies required by this section.

(b)  An assessment of the expected compliance with the standards of the agency and an identification of any nonprocedural requirements not specifically listed in any application, from which requirements a variance or exemption is needed in order for the board to certify the high-speed rail transportation system.

(c)  The conclusions and recommendations regarding certification, including the reasons for recommendations of denial, if the agency recommends denial of certification.

(d)  The proposed conditions of certification, if the agency is of the opinion that certification should be granted, including an identification of areas in which more data may be needed to be reviewed after certification in order to assure the compliance of the features of the high-speed rail transportation system with agency standards when specific design criteria were not available until after certification.

(3)  Each agency shall prepare a report on the certification application as to the impact of the proposed high-speed rail transportation system as it relates to matters within the jurisdiction of the agency. The Department of Transportation, the Department of Environmental Protection, and the Department of Community Affairs may request that any other agency perform studies and prepare reports as to matters within the jurisdiction of that other agency, which matters may be affected by the proposed high-speed rail transportation system.

(4)  The Department of Transportation shall prepare a written analysis of the agency reports on the certification application, which analysis shall be filed with the designated administrative law judge and all parties no later than 30 days after the due date for receipt of the local government reports prepared pursuant to this section. The analysis must include:

(a)  In regard to the reports and studies required by this section, a list and a summary of the reports and studies and the location where the reports or study results are available for public inspection and copying.

(b)  The comments received from a party which is not an agency.

(c)  The reports and recommendations of the planning and environmental advisory committee.

(d)  The conditions of certification considered appropriate by the department.

(e)  The recommendations of the department relating to the disposition of the certification application.

History.--s. 23, ch. 84-207; s. 2, ch. 85-65; s. 43, ch. 91-221; s. 5, ch. 91-429; s. 43, ch. 92-152; s. 174, ch. 94-356; s. 80, ch. 96-410.