The Florida Senate

341.352  Certification hearing.--

(1)  No later than 6 months after the applications have been determined to be complete, the administrative law judge shall conduct a certification hearing, pursuant to ss. 120.569 and 120.57, at a convenient location in the vicinity of the proposed high-speed rail transportation system.

(2)(a)  The parties to the certification proceeding are:

1.  The franchisee.

2.  The Department of Environmental Protection.

3.  The Department of Transportation.

4.  The Department of Community Affairs.

5.  The Fish and Wildlife Conservation Commission.

6.  Each water management district.

7.  Each local government.

8.  Each regional planning council.

9.  Each metropolitan planning organization.

(b)  Any party listed in paragraph (a) may waive its right to participate in the proceeding. If any listed party fails to file, on or before the 30th day prior to the certification hearing, a notice of its intent to be a party, such party is deemed to have waived its right to be a party, unless its participation in the proceeding would not prejudice the rights of any party to the proceeding.

(c)  Notwithstanding the provisions of chapter 120 to the contrary, after the filing with the administrative law judge of a notice of intent to be a party by an agency or corporation or association described in subparagraph 1. or subparagraph 2., or a petition for intervention by a person described in subparagraph 3., no later than 30 days prior to the date set for the certification hearing, any of the following entities also shall be a party to the proceeding:

1.  Any state agency not listed in paragraph (a), as to matters within its jurisdiction.

2.  Any domestic nonprofit corporation or association that is formed, in whole or in part, to promote conservation of natural beauty; to protect the environment, personal health, or other biological values; to preserve historical sites; to promote consumer interests; to represent labor, commercial, or industrial groups; to promote economic development; or to promote the orderly development, or maintain the residential integrity, of the area in which the proposed high-speed rail transportation system is to be located.

3.  Any person whose substantial interests are affected and being determined by the proceeding.

(d)  Any agency, the property or works of which agency may be affected by the proceeding, shall be made a party upon the request of the agency or any party to this proceeding.

(3)  When appropriate, any person may be given an opportunity to present oral or written communications to the administrative law judge. If the administrative law judge proposes to consider such communications, all parties shall be given an opportunity to cross-examine with respect to, or to challenge or rebut, such communications.

(4)  At the conclusion of the certification hearing, the administrative law judge shall, after consideration of all the evidence of record, issue a recommended order to the board disposing of the applications. The administrative law judge shall issue the recommended order no later than 60 days after the transcripts of the certification hearing and the public hearings are filed with the Division of Administrative Hearings.

History.--s. 24, ch. 84-207; s. 2, ch. 85-65; s. 26, ch. 85-81; s. 5, ch. 91-429; s. 45, ch. 92-152; s. 175, ch. 94-356; s. 81, ch. 96-410; s. 90, ch. 99-245; s. 109, ch. 99-385.