62-807.660. Fees, Disbursement of Funds, Contracts

(1) The department will take no action on any application or petition for modification until it has received the appropriate fee described in Section 403.9421, F.S. When computing the fee, the following will apply:

(a) The corridor length is to be measured along the centerline of the corridor.

(b) When determining the fee amount to be charged for that portion of the fee which is based on location of the pipeline in those existing rights-of-way specified in Section 403.9421, F.S., in order to be eligible for the $500 per mile rate allowed by the Act, the width of the corridor requested for certification must be wholly contained within the existing rights-of-way, and only applies to the length of the shared rights-of-way. Where the corridor extends beyond the edge of the shared right-of-way, the $1,000 per mile fee applies.

(c) Portions of a mile are to be computed on a decimal basis, e.g. the application fee for 74.30 miles of routing which is not within an existing road right-of-way would fall under the category $1,000/mile, thus $74,300.00. The total fee in this scenario would be the base amount of $240,000 plus the $74,300.00, equaling $314,300.00.

(d) When an applicant proposes secondary corridor segments in addition to the primary corridor for consideration for certification, the application fee must be computed on the basis of the longest resulting corridor.

(2) All fees must be paid by check made payable to the department. All fees received from applicants under this Act will be deposited into the department’s Operating Trust Fund.

(3) Pursuant to Section 403.9415(7), F.S., the applicant will pay the appropriate post-certification fee to the Department.

(4) The following applies to management of the fees:

(a) In order to receive reimbursement for participation in the proceedings, the affected agencies must submit invoices for reimbursement to the Department’s Siting Coordination Office for a validity review prior to processing by the Department’s Bureau of Finance & Accounting. The invoices must be submitted no later than 45 days after final action by the Siting Board or after notification of withdrawal of the application. Invoices received after the deadline shall not be deemed eligible for reimbursement unless good cause is demonstrated to the Department. Each invoice must be accompanied by an itemization of the time and expenses incurred in accordance with state auditing procedures.

(b) Authorized agency expenses for affected agencies may only include direct costs for those items identified in Section 403.9421(5)(c)1., F.S.

(c) If contractual services are necessary, all contracts must be directly related to the evaluation of the application. Any agency intending to incur an expense for a contract for studies pursuant to Section 403.941, F.S., must first obtain approval from the Department for the amount and purpose of such expenditure. All such studies must be related to the jurisdiction of the agencies and must be directly related to the evaluation of the application. Any such contract must specify that:

1. Receipt of the final results must be available in time for agency report submittals.

2. The studies shall be finalized in writing.

3. Final reimbursement to the contractor shall not occur unless complete results are submitted such that the schedule of subparagraph 1. above can be met.

4. The contractor agrees to be available to act as a witness in certification proceedings.

(5) If the application is withdrawn, the Department will request all agencies to submit invoices for reimbursement and the applicant will be refunded whatever amount remains after subtraction of all approved documented agency expenses.

Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9409(1)(a), 403.9421 FS. History–New 8-12-93, Formerly 17-807.660, Amended 3-3-15.