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The Florida Senate

2005 Florida Statutes

SECTION 5315
Modification of certification.
Section 403.5315, Florida Statutes 2005

403.5315  Modification of certification.--A certification may be modified after issuance in any one of the following ways:

(1)  The board may delegate to the department the authority to modify specific conditions in the certification.

(2)  The department may modify the terms and conditions of the certification if no party objects in writing to such modification within 45 days after notice by mail to the last address of record in the certification proceeding, 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 subsection (3).

(3)  The applicant or the department may file a petition for modification with the department and the Division of Administrative Hearings setting forth:

(a)  The proposed modification;

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

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

(4)  Petitions filed pursuant to subsection (3) 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.

History.--s. 1, ch. 80-65; s. 15, ch. 83-222; s. 41, ch. 90-331; s. 155, ch. 96-410.