Florida Statutes Part II - Electrical Power Plant And Transmission Line Siting (Ss. 403.501-403.539)

• 403.501 - Short Title.
  Sections 403.501-403.518 shall be known and may be cited as the “Florida Electrical Power Plant Siting Act.”History.—s. 1, ch. 73-33; s. 1, ch. 76-76; s....
• 403.502 - Legislative Intent.
  The Legislature finds that the present and predicted growth in electric power demands in this state requires the development of a procedure for the selection...
• 403.503 - Definitions Relating To Florida Electrical Power Plant Siting Act.
  As used in this act:(1) “Act” means the Florida Electrical Power Plant Siting Act.(2) “Agency,” as the context requires, means an official, officer, commission, authority, council, committee,...
• 403.504 - Department Of Environmental Protection; Powers And Duties Enumerated.
  The department shall have the following powers and duties in relation to this act:(1) To adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the...
• 403.5055 - Application For Permits Pursuant To S. 403.0885.
  In processing applications for permits pursuant to s. 403.0885 that are associated with applications for electrical power plant certification:(1) The procedural requirements set forth in 40...
• 403.506 - Applicability, Thresholds, And Certification.
  (1) The provisions of this act shall apply to any electrical power plant as defined herein, except that the provisions of this act shall not apply...
• 403.5063 - Notice Of Intent To File Application.
  (1) To expedite the processing of the application which may be filed subsequently, the applicant for a proposed power plant may file a notice of intent...
• 403.5064 - Application; Schedules.
  (1) The formal date of filing of a certification application and commencement of the certification review process shall be when the applicant submits:(a) Copies of the certification...
• 403.5065 - Appointment Of Administrative Law Judge; Powers And Duties.
  (1) Within 7 days after receipt of an application, the department shall request the Division of Administrative Hearings to designate an administrative law judge to conduct...
• 403.5066 - Determination Of Completeness.
  (1)(a) Within 30 days after the filing of an application, affected agencies shall file a statement with the department containing each agency’s recommendations on the completeness...
• 403.50663 - Informational Public Meetings.
  (1) A local government within whose jurisdiction the power plant is proposed to be sited may hold one informational public meeting in addition to the hearings...
• 403.50665 - Land Use Consistency.
  (1) The applicant shall include in the application a statement on the consistency of the site and any associated facilities that constitute a “development,” as defined...
• 403.507 - Preliminary Statements Of Issues, Reports, Project Analyses, And Studies.
  (1) Each affected agency identified in paragraph (2)(a) shall submit a preliminary statement of issues to the department, the applicant, and all parties no later than...
• 403.508 - Land Use And Certification Hearings, Parties, Participants.
  (1)(a) Within 5 days after the filing of a petition for a hearing on land use pursuant to s. 403.50665, the designated administrative law judge shall...
• 403.509 - Final Disposition Of Application.
  (1)(a) If the administrative law judge has granted a request to cancel the certification hearing and has relinquished jurisdiction to the department under the provisions of...
• 403.5095 - Alteration Of Time Limits.
  Any time limitation in this act may be altered by the designated administrative law judge upon stipulation between the department and the applicant, unless objected...
• 403.510 - Superseded Laws, Regulations, And Certification Power.
  (1) If any provision of this act is in conflict with any other provision, limitation, or restriction under any law, rule, regulation, or ordinance of this...
• 403.511 - Effect Of Certification.
  (1) Subject to the conditions set forth therein, any certification shall constitute the sole license of the state and any agency as to the approval of...
• 403.5112 - Filing Of Notice Of Certified Corridor Route.
  (1) Within 60 days after certification of an associated linear facility pursuant to this act, the applicant shall file, in accordance with s. 28.222, with the...
• 403.5113 - Postcertification Amendments And Review.
  (1) POSTCERTIFICATION AMENDMENTS.—(a) If, subsequent to certification by the board, a licensee proposes any material change to the application and revisions or amendments thereto, as certified, the...
• 403.5115 - Public Notice.
  (1) The following notices are to be published by the applicant for all applications:(a) Notice of the filing of a notice of intent under s. 403.5063, which...
• 403.5116 - County And Municipal Authority Unaffected By Ch. 75-22.
  Except as provided in ss. 403.510 and 403.511, nothing in chapter 75-22, Laws of Florida, shall be construed to have altered the authority of county...
• 403.512 - Revocation Or Suspension Of Certification.
  Any certification may be revoked or suspended:(1) For any material false statement in the application or in the supplemental or additional statements of fact or studies...
• 403.513 - Review.
  Proceedings under this act shall be subject to judicial review as provided in chapter 120. When possible, separate appeals of the certification order issued by...
• 403.514 - Enforcement Of Compliance.
  Failure to obtain a certification, or to comply with the conditions thereof, or to comply with this act shall constitute a violation of chapter 403.History.—s....
• 403.515 - Availability Of Information.
  The department shall make available for public inspection and copying during regular office hours, at the expense of any person requesting copies, any information filed...
• 403.516 - Modification Of Certification.
  (1) A certification may be modified after issuance in any one of the following ways:(a) The board may delegate to the department the authority to modify specific...
• 403.517 - Supplemental Applications For Sites Certified For Ultimate Site Capacity.
  (1)(a) Supplemental applications may be submitted for certification of the construction and operation of electrical power plants to be located at sites which have been previously...
• 403.5175 - Existing Electrical Power Plant Site Certification.
  (1) An electric utility that owns or operates an existing electrical power plant as defined in s. 403.503(14) may apply for certification of an existing power...
• 403.518 - Fees; Disposition.
  The department shall charge the applicant the following fees, as appropriate, which, unless otherwise specified, shall be paid into the Florida Permit Fee Trust Fund:(1) A...
• 403.5185 - Law Applicable To Applications Processed Under Ss. 403.501-403.518.
  Any application for electrical power plant certification filed pursuant to ss. 403.501-403.518 shall be processed under the provisions of the law applicable at the time...
• 403.519 - Exclusive Forum For Determination Of Need.
  (1) On request by an applicant or on its own motion, the commission shall begin a proceeding to determine the need for an electrical power plant...
• 403.52 - Short Title.
  Sections 403.52-403.5365 may be cited as the “Florida Electric Transmission Line Siting Act.”History.—s. 1, ch. 80-65; s. 25, ch. 90-331; s. 45, ch. 2006-230.
• 403.521 - Legislative Intent.
  The legislative intent of this act is to establish a centralized and coordinated licensing process for the location of electric transmission line corridors and the...
• 403.522 - Definitions Relating To The Florida Electric Transmission Line Siting Act.
  As used in this act:(1) “Act” means the Florida Electric Transmission Line Siting Act.(2) “Agency,” as the context requires, means an official, officer, commission, authority, council, committee,...
• 403.523 - Department Of Environmental Protection; Powers And Duties.
  The department has the following powers and duties:(1) To adopt procedural rules pursuant to ss. 120.536(1) and 120.54 to administer this act and to adopt or...
• 403.524 - Applicability; Certification; Exemptions.
  (1) This act applies to each transmission line, except a transmission line certified under the Florida Electrical Power Plant Siting Act.(2) Except as provided in subsection (1),...
• 403.525 - Administrative Law Judge; Appointment; Powers And Duties.
  (1)(a) Within 7 days after receipt of an application, whether complete or not, the department shall request the Division of Administrative Hearings to designate an administrative...
• 403.5251 - Application; Schedules.
  (1)(a) The formal date of the filing of the application for certification and commencement of the review process for certification is the date on which the...
• 403.5252 - Determination Of Completeness.
  (1)(a) Within 30 days after the filing of an application, the affected agencies shall file a statement with the department containing the recommendations of each agency...
• 403.526 - Preliminary Statements Of Issues, Reports, And Project Analyses; Studies.
  (1) Each affected agency that is required to file a report in accordance with this section shall submit a preliminary statement of issues to the department...
• 403.527 - Certification Hearing, Parties, Participants.
  (1)(a) No later than 145 days after the application is filed, the administrative law judge shall conduct a certification hearing pursuant to ss. 120.569 and 120.57...
• 403.5271 - Alternate Corridors.
  (1) No later than 45 days before the originally scheduled certification hearing, any party may propose alternate transmission line corridor routes for consideration under the provisions...
• 403.5272 - Informational Public Meetings.
  (1) A local government whose jurisdiction is to be crossed by a proposed corridor may hold one informational public meeting in addition to the hearings specifically...
• 403.5275 - Amendment To The Application.
  (1) Any amendment made to the application before certification shall be sent by the applicant to the administrative law judge and to all parties to the...
• 403.528 - Alteration Of Time Limits.
  (1) Any time limitation in this act may be altered by the administrative law judge upon stipulation between the department and the applicant unless objected to...
• 403.529 - Final Disposition Of Application.
  (1)(a) If the administrative law judge has granted a request to cancel the certification hearing and has relinquished jurisdiction to the department under s. 403.527(6), within...
• 403.531 - Effect Of Certification.
  (1) Subject to the conditions set forth therein, certification shall constitute the sole license of the state and any agency as to the approval of the...
• 403.5312 - Filing Of Notice Of Certified Corridor Route.
  (1) Within 60 days after certification of a transmission line corridor under ss. 403.52-403.5365, the applicant shall file with the department and, in accordance with s....
• 403.5315 - Modification Of Certification.
  A certification may be modified after issuance in any one of the following ways:(1) The board may delegate to the department the authority to modify specific...
• 403.5317 - Postcertification Activities.
  (1)(a) If, subsequent to certification, a licensee proposes any material change to the application or prior amendments, the licensee shall submit to the department a written...
• 403.532 - Revocation Or Suspension Of Certification.
  Any certification may be revoked or suspended:(1) For any material false statement in the application or in the supplemental or additional statements of fact or studies...
• 403.533 - Enforcement Of Compliance.
  Failure to obtain a certification, or to comply with the conditions thereof, or to comply with this act shall constitute a violation of chapter 403.History.—s....
• 403.536 - Superseded Laws, Regulations, And Certification Power.
  (1) If any provision of this act is in conflict with any other provision, limitation, or restriction under any law, rule, regulation, or ordinance of this...
• 403.5363 - Public Notices; Requirements.
  (1)(a) The applicant shall arrange for the publication of the notices specified in paragraph (b).1. The notices shall be published in newspapers of general circulation within counties...
• 403.5365 - Fees; Disposition.
  The department shall charge the applicant the following fees, as appropriate, which, unless otherwise specified, shall be paid into the Florida Permit Fee Trust Fund:(1) An...
• 403.537 - Determination Of Need For Transmission Line; Powers And Duties.
  (1)(a) Upon request by an applicant or upon its own motion, the Florida Public Service Commission shall schedule a public hearing, after notice, to determine the...
• 403.539 - Certification Admissible In Eminent Domain Proceedings; Attorney’s Fees And Costs.
  (1) Certification pursuant to ss. 403.52-403.5365 shall be admissible as evidence of public need and necessity in proceedings under chapter 73 or chapter 74.(2) No party may...

Last modified: September 23, 2016