403.961  Statements of issues and reports; written analyses.--

(1)  Within 10 days of the date on which the administrative law judge issues a notification to affected agencies that the application is pending before the Division of Administrative Hearings, each affected agency shall file with the administrative law judge a preliminary statement of issues raised by the application. Copies shall be furnished to the applicant, the ¹Department of Commerce, the Department of Environmental Protection, the affected local governments, and all other affected agencies. No failure to raise any issue in this statement shall be deemed to preclude an agency from raising the issue in its final report.

(2)  Each of the following agencies shall prepare a report as to matters within its jurisdiction expected to be affected by the proposed project, which report shall be submitted to the applicant, the ¹Department of Commerce, the Department of Environmental Protection, the affected local governments, and all other affected agencies, no later than 65 days after the date the application is determined to be sufficient:

(a)  The Department of Transportation.

(b)  The Department of Community Affairs.

(c)  The Game and Fresh Water Fish Commission.

(d)  Each water management district having jurisdiction over any proposed site or installation.

(e)  Each regional planning council having jurisdiction over any proposed site or installation.

(f)  Any other agency, if requested by the ¹Department of Commerce, shall also prepare reports as to matters within that agency's jurisdiction expected to be affected by the proposed project.

(3)  In order to maintain their right to petition for a certification hearing, qualified organizations as defined in s. 403.962 which were notified of the application by the ¹Department of Commerce as set forth in s. 403.957(5) must notify the ¹Department of Commerce in writing of their continuing interest in the project no later than 65 days after the date that department has issued its written determination of sufficiency. This notification shall include an identification of project issues the qualified organization believes are raised by the application. The failure to notify the ¹Department of Commerce in no way precludes qualified organizations from participating in the certification hearing if one is held.

(4)  Each agency report shall contain all information on matters relating to the need for variances, exceptions, exemptions, or other relief which may be necessary to facilitate the location of the proposed project. The report shall also contain any proposed conditions of certification which the agency believes are necessary to meet agency nonprocedural standards. For each proposed condition of certification, the agency shall list the specific statute, rule, or ordinance which authorizes the proposed condition.

(5)  No later than 85 days after the application was determined to be sufficient or an applicant has requested that its application be processed on the basis of information already submitted, the following reports shall be submitted to the ¹Department of Commerce:

(a)  An analysis by the Department of Environmental Protection of all environmental impacts of the proposed project based on the reports submitted by other agencies and its own assessment. This analysis shall include the Department of Environmental Protection's recommendations for:

1.  Whether, from an environmental protection perspective, certification should be issued for the proposed project.

2.  Any variances, exceptions, exemptions, or other relief which may be necessary to facilitate the location of the proposed project.

3.  Any conditions of certification that the agency believes are necessary to meet agency nonprocedural standards.

(b)  An analysis by the affected local governments of all local comprehensive plan and land development regulation impacts, including the impact of the proposed project on adjacent local governments or regionally significant resources, based on reports submitted by the regional planning council and the Department of Community Affairs and its own assessment. Prior to submission to the ¹Department of Commerce, the affected local governments shall approve their analyses by resolution after a duly noticed public hearing. This analysis shall include the local government's findings as to:

1.  Whether the project is consistent with agency nonprocedural standards in the local government comprehensive plan and land development regulations, including the status of any comprehensive plan amendment needed for the project.

2.  Any variances, exceptions, exemptions, or other relief which may be necessary to facilitate the location of the project.

3.  Any appropriate conditions of certification that should be imposed.

(6)  Each agency preparing a report shall include in that report any nonprocedural requirements not specifically listed in the application from which a variance, exemption, exception, or other relief is necessary in order for the board to certify any projects proposed for certification. Failure to include such nonprocedural requirements shall be treated as a waiver from nonprocedural requirements of the Department of Environmental Protection or any other affected agency. However, no variance shall be granted from standards or regulations of the Department of Environmental Protection applicable under any federally delegated or approved permit program, except as expressly allowed in such program.

(7)  No later than 90 days after the date on which the application was determined to be sufficient or an applicant has requested that its application be processed on the basis of information already submitted, the ¹Department of Commerce shall issue a compiled report to the applicant and all affected agencies, which shall include:

(a)  Without modification the analyses and proposed conditions of certification provided by the Department of Environmental Protection and the local government as provided for in subsection (4).

(b)  Its own analyses and recommendations as to the economic and fiscal impacts of the proposed project.

(c)  Copies of all reports and written analyses required by this section.

(d)  Copies of written comments received by the ¹Department of Commerce from any interested person with respect to the application.

(e)  A discussion by the ¹Department of Commerce of remedial measures, if any are necessary, which might remove barriers identified regarding the location of the proposed project in Florida.

(f)  A recommendation by the ¹Department of Commerce, as to whether, from an economic perspective, certification should be issued for the proposed project.

(8)  The ¹Department of Commerce shall publish a notice of the issuance of the compiled report. The notice shall be published on the same date the report is issued and shall state that the report is available to the public. The notice shall identify the proposed agency action reflected in the compiled report and shall contain a statement of the right to request a certification hearing. The notice shall be published as specified in s. 403.967(2), except that the newspaper notice shall be one-fourth page in size in a standard size newspaper or one-half page in size in a tabloid size newspaper.

(9)  Except when good cause is shown, the failure of any agency to submit a preliminary statement of issues or a report, or to submit its preliminary statement of issues or report within the allowed time, shall not be grounds for the alteration of any time limitation in this act. Neither the failure to submit a preliminary statement of issues or a report nor the inadequacy of the preliminary statement of issues or report shall be grounds to deny or condition certification.

(10)  In regard to the properties, including state-owned lands, and works of any state agency, Board of Trustees of the Internal Improvement Trust Fund, or any water management district which is a party to this siting process, each such agency shall submit to the ¹Department of Commerce, no later than 85 days after the date the application was deemed sufficient or an applicant has requested that its application be processed on the basis of information already submitted, an analysis of project issues relating to the use of, the connection thereto, or the crossing thereof, such properties and works to site the project. This analysis shall include the issue of granting or denying any necessary license, easement, or other interest for such use, connection, or crossing and, as appropriate, the agency's schedule for processing an application for license, easement, or other interest. Should said agency be unable to complete its analysis within the specified timeframe, that agency shall report to the siting board the reasons for this inability at the next regularly scheduled meeting of the siting board. Nothing contained in this part shall relieve an applicant from any requirement to obtain permission to use or occupy lands owned by a state agency, Board of Trustees of the Internal Improvement Trust Fund, or any water management district. The applicant shall be required to seek any necessary interest in lands owned by a state agency, Board of Trustees of the Internal Improvement Trust Fund, or any water management district before, during, or after the certification proceeding, and certification may be made contingent upon the issuance of the appropriate interest in such lands.

History.--s. 1, ch. 93-205; s. 442, ch. 94-356; s. 184, ch. 96-410.