The Florida Senate

403.971  Modification of certification.--

(1)  A certification may be modified after issuance in any one of the following ways:

(a)  The department, the ¹Department of Commerce, or the local government may modify the terms and conditions of the certification if no party to the original certification objects in writing to such modification within 45 days after notice by mail to such party's last address of record, and if no other person whose substantial interests will be affected by the modification objects in writing within 30 days after issuance of public notice. If objections are raised, the applicant may file a petition for modification pursuant to paragraph (b).

(b)  A petition for modification may be filed by the applicant, the ¹Department of Commerce, the department, or the affected local governments setting forth:

1.  The proposed modification.

2.  The factual reasons asserted for the modification.

3.  The anticipated effects of the proposed modification on the applicant, the public, and the environment.

(2)  The petition for modification shall be filed with the department, the ¹Department of Commerce, and the Division of Administrative Hearings.

(3)  Petitions filed pursuant to paragraph (1)(b) shall be disposed of in the same manner as an application, but with time periods established by the administrative law judge commensurate with the significance of the modification requested.

(4)  Any agreement for modification under this section must be in accordance with the terms of this act. No modification to a certification shall be granted that constitutes a variance from standards of the department applicable under any federally delegated or approved permit program, except as expressly allowed in such program.

History.--s. 1, ch. 93-205; s. 450, ch. 94-356; s. 188, ch. 96-410.

¹Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.