Amendments to the application, and project design
specifications contained therein, may be filed at any time prior to
certification, or after. However, different processing requirements will apply,
depending on the timing in relation to the certification proceeding.
(1) The following applies to any
pre-certification amendments:
(a) Any
amendments made to the application must be sent by the applicant to all parties
to the proceeding as well as to all recipients of the application.
(b) Where applicable, the application
amendment fee specified by Section
403.9421(3),
F.S., must be submitted in accordance with Rule
62-807.660, F.A.C.
(c) Amendments to an application must include
appropriate revisions to the application text, figures, and photographs, to
reflect the changes.
(d) An
amendment will be subject to the conduct of a sufficiency review pursuant to
Section 403.9409, F.S., and the
department may request that the certification schedule be adjusted to allow for
this review, if necessary, and to permit agencies an adequate time to include
an evaluation of this information in their reports.
(e) If the applicant files an amendment after
the submission of agency reports to the Department, the Department shall
request that the Administrative Law Judge adjust the certification schedule to
the extent additional time is necessary to allow for agencies to conduct a
sufficiency review of the amended application and submit their revised agency
reports.
(f) If the applicant files
an amendment after the issuance of the Department's written analysis, the
Department shall request that the Administrative Law Judge adjust the
certification schedule to the extent additional time is necessary to review the
effect of the filing on the overall application review process. The request
shall take into account whether the amendment was made in response to
previously considered matters such as alternate filings.
(g) After the department has issued its
written analysis, any proposed corridor changes shall be sent to all the
parties and filed with the Administrative Law Judge for disposition, rather
than the Department.
(2)
The following applies to any postcertification amendments:
(a) All amendment filings shall comply with
paragraph (1)(c), above.
(b) If
additional significant adverse impacts will not occur and the conditions of
certification will not be changed, then the amendment will not be considered a
modification under the provisions of Section
403.9418, F.S., and Rule
62-807.610, F.A.C.
(c) Fees will be appropriately applied as
prescribed in Section
403.9421(2),
F.S.
Notes
Fla. Admin. Code Ann. R. 62-807.600
Rulemaking Authority
403.9404(1) FS.
Law Implemented 403.9403(4),
403.94055(1),
403.9413
FS.
New 8-12-93, Formerly
17-807.600, Amended by
Florida
Register Volume 41, Number 032, February 17, 2015 effective
3/3/2015.
New 8-12-93, Formerly 17-807.600, Amended
3-3-15.
