The Florida Senate

341.368  Modification of certification or franchise.--

(1)  The franchise and the certification may be modified in any one of the following ways:

(a)  Upon its own motion, the department may initiate proceedings to modify specific conditions in the franchise or certification when the modification is deemed essential for the protection of the public health, safety, or welfare.

(b)  The franchisee may request modification of the franchise or certification at any time.

(2)  If no party to the franchise proceeding objects in writing to the proposed modification of the franchise, if no party to the certification proceeding objects in writing to the proposed modification within 45 days after notice mailed to the last address of record, and if no other person whose substantial interest is affected by the modifications objects in writing within 30 days after the issuance of public notice, the department may modify the terms and conditions of the franchise.

(3)  If the modification affects lands located within the jurisdiction of a local government, notice of the modification shall be provided to the governing body of said local government. Each affected local government is entitled to participate in the modification proceeding regardless of whether the local government participated in the certification proceeding.

(4)  If the department finds that the modification request requires no changes or additions to the terms and conditions in the certification, then within 90 days after publication of notice of the modification request the department shall act upon the modification request by rendering a written order. The order shall modify the terms and conditions of the franchise or certification, provided that:

(a)  No written objection has been filed pursuant to subsection (2);

(b)  The department has considered the criteria enumerated in s. 341.3334; and

(c)  The department, based on the record presented, concludes that the modification request should be granted.

(5)  If the parties to the franchise or certification proceeding are not able to reach a mutual written agreement on any modification of the terms and conditions of the franchise, the applicant may file a petition for modification with the department. The petition must set forth:

(a)  The proposed modification;

(b)  The factual reasons asserted for the modification; and

(c)  The anticipated additional environmental effects of the proposed modification.

(6)  If the proposed modification requires changes or additions to the terms and conditions in the certification, the board must make final disposition of the petition, unless otherwise agreed in writing by all parties. The department is responsible for processing the petition in accordance with chapter 120 and, if necessary, presenting the matter to the board for final disposition.

(7)  The effect of the department's final order modifying the terms and conditions of the franchise shall be that the terms and conditions of the final order are incorporated into and made a part of the terms and conditions of the franchise as if granted by the original award of franchise.

(8)  The terms and conditions of a final order of the board on a proposed modification shall be incorporated into and made a part of the terms and conditions of certification.

History.--s. 27, ch. 84-207; s. 2, ch. 85-65; s. 20, ch. 87-100; s. 5, ch. 91-429; s. 55, ch. 92-152.