The Florida Senate

341.363  Effect of certification; ss. 341.3201-341.386 to take precedence.--

(1)  With respect to the rail line, guideway, and any transit station identified in the certification and subject to the conditions set forth in the franchise and certification, the franchise and the certification constitute the sole license of the state, and of any agency, as to the approval of the location of these facilities and the construction, operation, and maintenance of these facilities. The certification is valid for the term of the franchise, if construction is commenced within 3 years and operation is commenced within 6 years after the date of certification or a later date authorized by the board.

(2)  With respect to the associated developments specified in the certification or in any modification to the certification, the certification is the license and authority for the franchisee to construct and operate the associated developments. The certification must list any additional postcertification permits and licenses necessary for the construction, operation, and maintenance of the associated developments. The certification must also list any exemption from a permitting or licensing requirement. The franchisee shall obtain any permit or license, otherwise required by law, before postcertification approval, unless, in the certification, the permit or license is exempted. Upon application by the franchisee, all agencies shall grant and approve all appropriate permits and licenses necessary for the construction, operation, and maintenance of the associated developments, with terms and conditions consistent with the franchise and certification terms and conditions. The franchisee shall comply with all applicable agency rules, regulations, orders, and ordinances in constructing, operating, and maintaining the associated developments, unless in the certification the franchisee is expressly exempted, or granted a waiver, from the rules, regulations, orders, and ordinances.

(3)  The certification authorizes the franchisee to locate, construct, operate, and maintain the high-speed rail transportation system facilities subject only to the conditions of certification and to all nonprocedural standards or regulations of any agency, unless a variance to such requirements or any requirements and conditions of the certification is granted by the board. The certification may include conditions that constitute variances and exemptions, otherwise allowed by law, from nonprocedural standards or rules of any other agency, which conditions were expressly considered during the proceeding, unless there is a waiver by the agency as provided in this subsection, and which conditions otherwise would be applicable to the location, construction, operation, and maintenance of the high-speed rail transportation system facilities. The conditions of the certification or franchise relative to the actual operation of the train, including, but not limited to, train speed, control, vibration, electrification systems, rail structures, vehicles, safety, noise, or noise barriers, take precedence over any inconsistent nonprocedural standards, rules, or local regulations. Each party shall notify the applicant and other parties at least 60 days prior to the certification hearing of any nonprocedural requirement not specifically listed in the application from which a variance or exception is necessary in order for the board to certify any corridor proposed for certification.

(4)(a)  Pursuant to specific conditions of the certification, a franchisee may be required to file site-specific technical data after the award of the franchise in order to facilitate the monitoring of the franchisee's compliance with the conditions of the franchise and certification and to provide reasonable assurance that substantive agency standards will be met. Accordingly, data requirement provisions which would be required in the absence of a franchise process shall be followed, and an approval or denial statement shall be issued, within the time period provided by agency rules for such permitting or as otherwise provided in the condition of certification or franchise; however, any person whose substantial interests are determined by such a statement shall not have the right to contest the statement or to have an administrative proceeding in order to determine the propriety of such action beyond that already provided by ss. 341.3201-341.386 as part of the franchise or certification proceedings.

(b)  Since the site of the high-speed rail transportation system will have been established by certification, the issue of postcertification approval or denial is limited to the technical merits of providing reasonable assurance of compliance with substantive agency standards or to the onsite location of a facility feature, but not to the location of the site itself. Construction may occur on other components of the facility prior to action on postcertification review conditions so long as no construction occurs which will affect the feature or component at issue. The agency having jurisdiction of the matter at issue shall review construction plans to determine whether such construction will or will not affect the feature or component at issue. Postcertification review may be the basis for the imposition or modification of other conditions or amendments to the conditions.

(c)  With respect to the rail transportation system, the board may delegate the authority to approve or deny construction or operation plans submitted pursuant to a condition of certification which are submitted after the award of certification. Such delegation shall be made to the agency which requested, and has the authority for administration of, that condition of the certification. Disputes over such approvals or denials shall be resolved in accordance with chapter 120. Copies of all approval or denial letters shall be sent to the department for recordkeeping purposes. The department shall coordinate the scheduling of hearings to ensure that a dispute is timely processed in accordance with chapter 120; however, the department is not responsible for arbitration of disputes over any approvals or denials.

(5)  With respect to the high-speed rail transportation system, the certification may exempt the franchisee from 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, chapter 404, or the Florida Transportation Code. On the award of the certification, any license, easement, or other interest in state lands, except those lands the titles of which lands are vested in the Board of Trustees of the Internal Improvement Trust Fund, shall be issued by the appropriate agency as a ministerial act. The applicant shall be required to seek any necessary interest in state lands the titles to which lands are vested in the Board of Trustees of the Internal Improvement Trust Fund from the board of trustees before, during, or after the franchise or certification proceeding; and the award of the franchise or certification may be made contingent upon the issuance of the appropriate interest in realty. However, in any proceeding before the Board of Trustees of the Internal Improvement Trust Fund in which proceeding the applicant is seeking a necessary interest in state lands, neither the applicant nor any party to the franchise or certification proceeding may directly or indirectly raise or relitigate a matter which was or could have been an issue in the franchise or certification proceeding; but the information presented in the franchise or certification proceeding shall be available for review by the board of trustees and its staff.

(6)  A term or condition of franchise or certification may not be interpreted to preclude the postcertification exercise by any party of whatever procedural rights the party may have under chapter 120, including those rights related to rulemaking proceedings.

(7)  The award by the department of the franchise is a final agency action appealable under s. 120.68. Also, the award by the board of certification is a final agency action appealable under s. 120.68.

History.--s. 32, ch. 84-207; s. 2, ch. 85-65; s. 19, ch. 87-100; s. 5, ch. 91-429; s. 51, ch. 92-152.