The Florida Senate

341.353  Final disposition of certification application.--

(1)  Within 30 days after receipt of the administrative law judge's recommended order, the board shall act upon the certification application by written order, which order shall approve the certification in whole, approve the certification with modifications and conditions that the board considers appropriate, or deny the certification. The order must state the reasons for issuance or denial of certification.

(2)  In determining whether the certification application should be approved in whole, approved with modifications or conditions, or denied, the board shall consider whether, and the extent to which, the location, construction, operation, and maintenance of the high-speed rail transportation system will:

(a)  Comply with nonprocedural requirements of agencies;

(b)  Be consistent with applicable local government comprehensive plans and land development regulations as defined in s. 163.3164;

(c)  Have a favorable or unfavorable impact on the environment and natural resources of the state;

(d)  Efficiently use or unduly burden water, sewer, solid waste disposal, or public transportation facilities or other necessary public facilities; and

(e)  Be consistent with the applicable criteria and related policies adopted by local governments, regional planning councils, and the state.

(3)  The terms and conditions of the certification order become terms and conditions of the franchise.

(4)  If the board incorporates in its final certification order a term or condition that requires the franchisee to modify or revise a postfranchise agreement, the department shall provide the franchisee with a reasonable period of time to enter into a modified agreement.

(5)  If the board incorporates in its final certification order a term or condition that results in the necessity for a local government to amend or modify its local comprehensive plan, the board shall allow the local government a reasonable period of time to amend or modify the plan.

History.--s. 26, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 46, ch. 92-152; s. 82, ch. 96-410.