62-807.600. Amendments to Application

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.

Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9403(4), 403.94055(1), 403.9413 FS. History–New 8-12-93, Formerly 17-807.600, Amended 3-3-15.