62-17.211. Modification of Certification, Transfer of Certification

A certification can be modified in accordance with section 403.516, F.S., and this rule; or in accordance with section 403.511(5), F.S.; or, as a transfer of certification to a new licensee.

(1) For modifications under the provisions of section 403.516(1)(c), F.S., the following shall apply:

(a) The department may initiate the modification upon its own initiative. If the department initates a modification, the following shall apply;

1. A Notice of Intent to Modify shall be sent to parties to the original certification proceedings and any subsequent modification proceedings, at the last address on record for the party. All parties have an on-going duty to notify the department of changes to their relevant contact information. 

2. The department shall publish a notice in the Florida Administrative Register (F.A.R.), stating that the deadline for filing objections with the department for parties to the original proceeding, and for parties to any subsequent modification proceedings, is 45 days after issuance of the notice by mail; and the deadline for other persons whose substantial interest may be affected is 30 days after publication of the F.A.R. notice. Objections shall be limited to the portion of the certification that is proposed to be modified.

3. If no timely objections are filed with the department, a final order approving the modification shall be issued by the department.

4. If written objections are filed with the department, the licensee or department may file a request for a hearing concerning the modification with the department. If written objections are filed that address only a portion of the proposed modification, the department shall issue a final order approving the portion of the proposed  modification to which no objections were filed, unless that portion of the proposed modification is substantially related to or necessary to implement the portion to which written objections were filed.

(b) The licensee may file a petition for modification with the department’s Siting Coordination Office. If the licensee files a petition for modification, the following shall apply:

1. The petition shall contain a concise statement of the proposed modification; the factual reasons asserted for the modification, including the changes in circumstance which justify the modification; and, a statement of whether, and if so, how the proposed modification if approved would affect the conditions of certification, the site layout or design as depicted in the current version of the application, and the anticipated affects of the proposed modification on the environment.

2. The Siting Coordination Office will forward the petition to all reviewing agencies.

3. The department may require notice of the petition for modification to be published, based on the criteria in section 403.5115(1)(h), F.S. Any such notice shall comply with rule 62-17.281, F.A.C.

4. The petition shall be reviewed for completeness. Within 25 days of the filing of the petition with the department, agencies with jurisdictional matters affected by the proposal shall file completeness recommendations with the department. Within 30 days of the filing of the petition with the department, the department shall issue a completeness determination. Any subsequent information filings intended to render the petition complete shall be reviewed by the agencies and the department under these same deadlines.

5. If the department intends to modify the conditions of certification based on the licensee’s petition, the process outlined in subparagraphs 62-17.211(1)(a)1. through 3., F.A.C., shall be followed.

6. If written objections are filed which address only a portion of the proposed modification, then the department shall issue a final order approving the portion of the proposed modification to which no objections were filed, unless that portion of the proposed modification is substantially related to or necessary to implement the portion to which written objections are filed.

7. If written objections are filed, or the department denies the request, the licensee or department may file a request for a hearing on the modifiation with the department.

(c) In accordance with section 403.516(1)(c)4., F.S., requests for a hearing on a modification shall be disposed of in the same manner as an application, but with time periods established by the administrative law judge commensurate with the significance of the modification. The hearing on the modification shall be conducted in the same manner as a certification hearing, and notice of hearing shall be provided as prescribed in rule 62-17.281, F.A.C. At least 30 days prior to the date set for the hearing the parties shall file their statement of issues with the administrative law judge and the department. The request for a hearing shall contain the information required under chapter 120, F.S. and rule 28-106.201(1) and (2), F.A.C.

(2) For transfer of a certification, the following shall apply:

(a) A transfer of certification of all or part of a certified facility shall be initiated by the licensee’s filing written notification, including a completed Notice of Intent to Transfer Certification Form (DEP Form No. 62-17.211(1)), adopted and incoporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12946), effective May, 2021, with the department and each agency listed in section 403.507(2)(a) and (b), F.S., of its intent to transfer the certification to a new licensee. The licensee’s written notification shall identify the time period for objections specified in paragraph 62-17.211(2)(b), F.A.C.

(b) The agencies identified in paragraph 62-17.211(2)(a), F.A.C., shall have 30 days to file any written objections with the department upon receipt of the written notification and form.

(c) The transfer shall be approved unless the department objects to the transfer on the grounds of the inability of the new licensee to comply with the conditions of certification, specifies in writing its reasons therefore, and gives notice and opportunity to petition for a section 120.57, F.S., administrative hearing. A copy of the department’s action on the transfer of certification shall be sent to all agencies identified in paragraph 62-17.211(2)(a), F.A.C.

Rulemaking Authority 403.504(1) FS. Law Implemented 403.511(5), 403.516 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.17, Amended 5-9-83, Formerly 17-17.211, Amended 2-1-99, 2-13-08, 5-9-13, 5-4-21.