The Florida Senate

403.966  Effect of certification.--

(1)  Subject to the conditions set forth therein, any certification signed by the Governor shall constitute the sole license of the state and any agency, whose authority to permit or license is derived by statute, as to the approval of the site and the construction and operation of the proposed project except for the issuance of department licenses required under any federally delegated or approved permit program and except as otherwise provided in subsection (4).

(2)(a)  The certification shall authorize the applicant named therein to construct and operate the proposed project, subject only to the conditions of certification set forth in such certification, and except for the issuance of department licenses or permits required under any federally delegated or approved permit program.

(b)  Except as provided in subsection (4), the certification may include conditions, to the extent authorized by the applicable law or rule, which constitute variances, exemptions, or exceptions from nonprocedural standards of the department, the local government, or any agency that were expressly considered during the proceeding unless waived by the agency as provided in s. 403.961(6) and that otherwise would be applicable to the construction and operation of the proposed project. No variance, exemption, exception, or other relief shall be granted from a state statute or rule for the protection of endangered or threatened species, aquatic preserves, Outstanding National Resource Waters, or Outstanding Florida Waters, or for the disposal of hazardous waste, except to the extent authorized by the applicable statute or rule.

(3)  The certification shall be in lieu of any license required by any agency pursuant to, but not limited to, chapter 125, chapter 161, chapter 163, chapter 166, chapter 186, chapter 298, chapter 370, chapter 373, chapter 376, s. 380.06, chapter 381, chapter 387, this chapter, except for those permits issuable pursuant to a federally delegated or approved permit program and those permits issuable pursuant to s. 403.0872 or s. 403.0885, chapter 404, the Florida Transportation Code, or 33 U.S.C. s. 1341.

(4)  This act shall not in any way affect the right of any local government to charge appropriate fees or require that construction be in compliance with applicable building construction codes, or preempt the right of any agency to charge fees for the renewal of any license necessary for the operation of projects receiving a certification under this part.

(5)(a)  Any project certified pursuant to this act shall comply with rules adopted by the department and other affected agencies subsequent to the issuance of the certification which prescribed new or stricter criteria, to the extent that the rules are applicable to projects. Except when express variances, exceptions, exemptions, or other relief has been granted, subsequently adopted rules which prescribe new or stricter criteria shall operate as automatic modifications to certifications.

(b)  Upon written notification to the ¹Department of Commerce, the department, and the affected local governments, any holder of a certification issued pursuant to this act may choose to operate the certified project in compliance with any rule subsequently adopted by the department which prescribes criteria more lenient than the criteria required by the terms and conditions in the certification which are not site-specific.

(c)  No term or condition of certification shall be interpreted to preclude the postcertification exercise by any party of whatever procedural rights it may have under chapter 120, including those related to rulemaking proceedings. This subsection shall apply to previously issued certifications.

(6)  A certification under this part shall authorize the construction and operation of all installations associated with the certified project, subject only to duration limitations expressly provided in applicable conditions of certification pertaining to the operation of such projects. Certification pertaining to the operation of such projects shall be issued for durations as established in requirements of the agencies. No later than 60 days prior to the expiration of any applicable duration limitation for the operation of any project covered by the certification, the applicant shall submit to the affected agency the appropriate license application necessary to secure continuing operational authorization. If a timely license application for continuing operational authorization is filed with the affected agencies, the applicant shall be authorized to operate any project pending final agency disposition of the license application.

History.--s. 1, ch. 93-205; s. 19, ch. 94-321; s. 446, ch. 94-356.

¹Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.