The Florida Senate

403.789  Effect of certification.--

(1)  Subject to the conditions set forth therein, certification shall constitute the sole license of the state and any agency as to the approval of the location of the project and for the construction, operation, and maintenance of the project, except for permits issuable pursuant to a federally delegated or approved permit program and permits issuable under s. 403.0872 or s. 403.0885.

(2)  The certification shall authorize the applicant to locate, construct, operate, and maintain the project subject only to the conditions of certification set forth in such certification. The certification may include conditions which constitute variances and exemptions, otherwise allowed by law, from nonprocedural standards or regulations of the department or any other agency, which were expressly considered during the proceeding unless waived by the agency as provided in ss. 403.78-403.7893 and which otherwise would be applicable to the location, construction, operation, or maintenance of the project.

(3)  The certification shall be in lieu of any license, permit, certificate, or similar document required by any agency pursuant to, but not limited to, chapter 125, chapter 161, chapter 163, chapter 166, chapter 253, chapter 258, chapter 298, chapter 370, chapter 373, chapter 380, chapter 381, chapter 387, chapter 403 (except as provided in s. 403.789(1)), chapter 404, the Florida Transportation Code, or 33 U.S.C. s. 1341. Upon certification, any license, lease, easement, or other interest in state lands, the title of which is vested in the Board of Trustees of the Internal Improvement Trust Fund, shall be issued as a ministerial act.

(4)  Nonprocedural requirements of the department adopted subsequent to the issuance of certification by the board and applicable to the project may be incorporated into subsequent renewals of the hazardous waste facility permit pursuant to s. 403.722 and other applicable requirements of this chapter.

(5)  No term or condition of a site certification shall be interpreted to supersede or control the provisions of a final permit issued pursuant to a federally delegated or approved permit program, including any permit issued pursuant to s. 403.0872 or s. 403.0885.

History.--s. 4, ch. 89-285; s. 8, ch. 94-321.