The Florida Senate

403.963  Final disposition of application.--

(1)  If a recommended order has been issued in connection with an application after a certification hearing, the siting board shall, after considering the recommended order and any exceptions thereto, act upon the application by written order approving or denying certification. If the siting board denies certification, it shall state its reasons for so doing and set forth in writing what action, if any, the applicant would have to take in order to secure approval of the application.

(2)  In determining whether to approve or deny certification, the siting board must determine that the project is in compliance with the agency nonprocedural standards. The board shall base its decision to approve or deny certification upon consideration of whether the project will be in compliance with agency nonprocedural standards, including whether the project is consistent and in compliance with applicable comprehensive plans and land use regulations of the affected local governments.

(3)  If no recommended order has been issued because no certification hearing has been held, the department, in its capacity as staff and agent for the siting board, shall prepare and issue a final order approving certification within 5 days after the Division of Administrative Hearings issues an order relinquishing jurisdiction which incorporates all of the recommended conditions of certification proposed by the affected agencies.

History.--s. 1, ch. 93-205; s. 444, ch. 94-356.