Title: Environmental Control Ch 403
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00002812/00001
 Material Information
Title: Environmental Control Ch 403
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Environmental Control Ch 403
General Note: Box 11, Folder 3 ( Final Report: Environmental Efficiency Study Commission - 1987-88 ), Item 21
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002812
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text




ENVIRONMENTAL CONTROL


and Motor Vehicles of all makes and models of motor ve-
hicles for which valid certificates of compliance with the
provisions of this section are filed.
(8) REPLACEMENT EQUIPMENT.-
(a) No person shall sell or offer for sale for use as a
part of the equipment of a motor vehicle any exhaust
muffler, intake muffler, or other noise abatement device
which, when installed, will permit the vehicle to be oper-
ated in a manner that the emitted sound level of the vehi-
cle is increased above that emitted by the vehicle as
originally manufactured and determined by the test pro-
cedures for new motor vehicle sound levels established
under this section.
(b) The manufacturer, distributor, or importer, or
designated agent thereof, shall file a wntten certificate
with the department that his products sold within this
state comply with the requirements of this section for
their intended applications.
(9) OPERATING VEHICLE NOISE MEASURE-
MENTS.-The department shall establish, with the co-
operation of the Department of Highway Safety and Mo-
tor Vehicles, measurement procedures for determining
compliance of operating vehicles with the noise limits of
s. 316.293(2). The department shall advise the Depart-
Smenit of Highway Safety and Motor Vehicles on technical
aspects of motor vehicle noise enforcement regulations,
assist in the training of enforcement officers, and admin-
ister a sound-level meter loan program for local enforce-
ment agencies.
(10) ENACTMENT OF LOCAL ORDINANCES LIMIT-
ED.-The provisions of this section shall be applicable
and uniform throughout this state and in all political sub-
divisions and municipalities therein, and no local authori-
ty shall enact or enforce any ordinance on a matter cov-
ered by this section unless expressly authorized. How-
ever, this subsection shall not prevent any local authori-
ty from enacting an ordinance when such enactment is
necessary to vest juYmiaClon of violation of this section
in the local court.
nMlsry.--s 1.2.3.ch 74110 u 1.2 ch 75-50.1 1.ch 76-289 1.ch 7820
& 82. ch 7 a 9 ch. 7t164. s 1. ch 80338, s 1. ch 8249
403.4151 Exempt motor vehictes.-The provisions
of this act shall not apply to any motor vehicle which is
not required to be licensed under the provisions of chap-
ter 320.
istoy.-s 7. ch 74 110
403.4153 Federal preemption.-On and after the
date of promulgation of noise emission standards by the
administrator of the United States Environmental Pro-
tection Agency for a class of new motor vehicles as de-
scribed in paragraphs 403.415(4)(a), (b), or (c), the state
sound level limits in effect at that time for that class of
vehicles shall be maintained untd the federal standards
become effective
NsMory.-s 2 ch 76289
PART II

ELECTRICAL POWER PLANT SITING

403 501 Short title
403 502 Legislative intent


403.503
403.504

403.506
403.5063
403.5065


403.507
403.508
403.509
403.5095
403.510

403.511
403.5111

403.512
403.513
403.514
403515
403.516
403.517

403.519
403.52
403.521
403.522
403.523

403.524
403.525

403.526
403.527
403.5272

403.5275
403.528
403.529
403.531
403.5312

403.5315
403.532
403.533
403.536

403.537

403.539


Definitions.
Department of Environmental Regulation;
powers and duties enumerated.
Applicability and certification.
Notice of intent to file application.
Appointment of hearing officer; determina-
tion of completeness; amendment to the
application.
Reports and studies.
Proceedings, parties, participants.
Final disposition of application.
Alteration of time limits.
Superseded laws, regulations, and certifica-
tion power
Effect of certification
County and municipal authority unaffected
by chapter 75-22, Laws of Florida.
Revocation or suspension of certification.
Review.
Enforcement of compliance.
Availability of information.
Modification of certification.
Supplemental applications for sites certified
for ultimate site capacity.
Exclusive forum for determination of need.
Short title.
Legislative intent.
Definitions.
Department of Environmental Regulation;
powers and duties.
Applicability and certification.
Appointment of hearing officer; determina-
tion of completeness or sufficiency.
Reports and studies.
Notice, proceedings, parties, participants.
Local governments; informational public
meetings
Amendment to the application
Alteration of time limits.
Final disposition of application.
Effect of certification.
Recording of notice of certified corridor
route.
Modification of certification.
Revocation or suspension of certification.
Enforcement of compliance.
Superseded laws, regulations, and certifica-
tion power
Determination of need for transmission line;
powers and duties.
Certification admissible in eminent domain
proceedings, attorney's fees and costs.


403.501 Short title.-Sections 403.501-403.517
shall be known and may be cited as the "Florida Electri-
cal Power Plant Siting Act
Hitofr.-- 1. ch 7333 s tch 676
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 pro-
cedure for the selection and utilization of sites for electri-
cal generating facilities and the identification of a state


Ch. 403


F.s. 195




L -~


JIUDDLf I fL&h
I ~ eInPf fln flf fl~ *f. mr


mental Regulation,
numerated.
cal

Officer; determine,
Amendment to the


participants
location.


nations, and certifi


authority unaffected
vs of Florida.
)n of certification.'

ice.
1. .,
ion.
is for sites certified
;ity.
,mination of need"



mental Regulatiorl

tion.
officer; determina-"
r sufficiency. -
I I
ies, tps.a
?rma('i 1 public

option.



certified corridor.
ri.
of certification.

,ns. and certifica-

ransmission
--f
eminent domain
fees and costs'

03.501-403.51
'Florida Eec


legislature finds -
n electric power :_
opment of apr- 4MO
Ssitesor elactri- -
;ation of a sate s


position with respect to each proposed site. The Legisla-
ture recognizes that the selection of sites and the rout-
ing of associated transmission lines will have a signifi-
cant impact upon the welfare of the population, the loca-
ion and growth of industry, and the use of the natural
resources of the stale. The Legislature finds that the effi-
ciency of the permit application and review process at
both the state and local level would be improved with
the implementation of a process whereby a permit appli-
cation would be centrally coordinated and all permit de-
cisions could be reviewed on the basis of standards and
recommendations of the deciding agencies. It is the poli-
cy of this state that, while recognizing the pressing need
for increased power generation facilities, the state shall
ensure through available and reasonable methods that
the location and operation of electrical power plants will
produce minimal adverse effects on human health, the
environment, the ecology of the land and its wildlife, and
the ecology of state waters and their aquatic life. It is the
intent to seek courses of action that will fully balance the
increasing demands for electrical power plant location
and operation with the broad interests of the public.
Such action will be based on these premises:
(1) To assure the citizens of Florida that operation
safeguards are technically sufficient for their welfare
and protection.
(2) To effect a reasonable balance between the
need for the facility and the environmental impact result-
ing from construction and operation of the facility, in-
cluding air and water quality, fish and wildlife, and the
water resources and other natural resources of the
state
(3) To provide abundant, low-cost electrical energy.
HUmor.-- 1 ch 7333

403.503 Definitions.-
(1) "Applicant' means any electric utility which
makes application for an electric power plant site certifi-
cation pursuant to the provisions of this act.
(2) "Application" means the documents required by
the department to be filed to initiate a certification pro-
ceeding.
(3) "Person" means an individual, partnership, joint
venture, private or public corporation, association, firm,
public service company, political subdivision, municipal
corporation, government agency, public utility district,
or any other entity, public or private, however organized
(4) "Electric utility" means cities and towns, coun-
ties, publc utility districts, regulated electric companies,
electric cooperatives, and joint operating agencies, or
Combinations thereof, engaged in, or authorized to en-
gage in, the business of generating, transmitting, or dis-
tributng electric energy.
(5) "Site" means any proposed location wherein an
electrical power plant, or an electrical power plant alter-
ation or addition resulting in an increase in generating
capacity, will be located, including offshore sites within
state jurisdiction.
(6) *Certificatlon" means the written order of the
board approving an application in whole or with such
odifications or conditions as the board may deem ap
propnriate


(7) "Electrical power plant" means, for the purpose
of certification, any steam or solar electrical generating
facility using any process or fuel, including nuclear mate-
rials, and includes associated facilities and those direct-
ly associated transmission lines required to connect the
electrical power plant to an existing transmission net-
work or rights-of-way to which the applicant intends to
connect, except that this term does not include any
steam or solar electrical generating facility of less than
50 megawatts in capacity unless the applicant for such
a facility elects to apply for certification under this act.
(8) "Department" means the Department of Environ-
mental Regulation.
(9) "Board" means the Governor and Cabinet sitting
as the Siting Board
(10) "Agency," as the context requires, means an of-
ficial, officer, commission, authority, council, committee,
department, division, bureau, board, section, or other
unit or entity of government, including a regional or local
governmental entity.
(11) "State comprehensive plan" means that plan
prepared in accordance with the provisions of part I of
chapter 23.
(12) "License" means a franchise, permit, certifica-
tion, registration, charter, or similar form of authorization
required by law, but it does not include a license re-
quired primarily for revenue purposes when issuance of
the license is merely a ministerial act.
(13) "Designated hearing officer" means the hearing
officer assigned by the Division of Administrative Hear-
ings pursuant to chapter 120 to conduct the hearings re-
quired by this part
(14) "Notice of intent" means that notice which is
filed with the department on behalf of an electric utility
prior to submission of an application pursuant to this act
and which notifies the department of an intent to file an
application
(15) "Modification" means any change in the certifi-
cation order after issuance, including a change in the
conditions of certification.
(16) "Amendment" means any change in the applca-
tion for certification made after the initial filing.
ary.-s 1.ch 73-33. I ch 76-76. I.ch 7976. 3. ch 81.131

403.504 Department of Environmental Regulation;
power and duties enumerated.-The Department of
Environmental Regulation shall have the following pow.
ers and duties in relation to this act:
(1) To adopt, promulgate, or amend reasonable
rules to implement the provisions of this act, including
rules setting forth environmental precautions to be fol-
lowed in relation to the location and operation of electri-
cal power plants.
(2) To prescribe the form and content of the notice
of intent and the form, content, and necessary support-
ing documentation and studies to be prepared by the
applicant for electric power plant site certification appli-
cations.
(3) To receive applications for electrical power plant
site certifications and to determine the completeness
and sufficiency thereof.
(4) To make, or contract for, studies of electrical
power plant site certification applications


_CL~:~ ~j:jV:~


. ml


FS


d L .dLd i




. -_1..-- .. -...-...
..; *, u '. .- .


ENVIRONMENTAL CONTROL


(5) To administer the processing of applications for
electric power plant site certifications and to ensure that
the applications are processed as expeditiously as pos-
sible.
(6) To notify all affected agencies of the filing of an
application within 15 days of receiving the complete ap-
plication.
(7)a) To require an application fee for certification
not to exceed $50,000. The application fee shaH be paid
to the department upon the filing of each application for
site certification. The fee shall be fixed by rule on a slid-
ing scale related to the size, type, ultimate site capacity,
or increase in generating capacity proposed by the ap-
plication. A minimum fee of $5,000 shall be required for
each application. AH reasonable expenses and costs of
the proceeding incurred by the department, the Division
of Administrative Hearings, the Public Service Commis-
sion, the Department of Community Affairs, the water
management district, created pursuant to chapter 373,
in the jurisdiction of which the facility is to be located,
or any other agency from which the department re-
quests special studies pursuant to s. 403.507(1Xd), in-
cluding those expenses and costs which are associated
with the cost of publication of public notices, the prepa-
ration and conduct of the hearings, the recording and
transcription of the proceedings, and the studies re-
quired of the agencies by this act, shall be paid from the
application fee. Any sums remaining after the payment
of authorized costs shall be refunded to the applicant
within 90 days of the issuance or denial of certification
or withdrawal of the application. The applicant shall be
provided with an itemized accounting of the expendi-
tures.
(b) To require a fee of $2,500 to be submitted to the
department with a notice of intent. The notice-of-intent
fee shall be used, disbursed, and refunded in the same
manner as the application fee and shall be a credit to-
ward the application fee.
(8) To prepare a written analysis which shall be filed
with the designated hearing officer and served on all
parties no later than 8 months after the complete appli-
cation is filed with the department, and which shall in-
clude:
(a) A statement indicating whether the proposed
electrical power plant and proposed ultimate site capac-
ity will be in compliance with the rules of the depart-
ment.
(b) The report from the Public Service Commission
as required by as. 403.507 and 403.519.
(c) The report of the Department of Community Af-
fairs as required by a. 403.507.
(d) The report from the water management district
as required by s. 403.507.
(e) The studies conducted pursuant to s. 403.507.
(f) The comments received by the department from
any other agency.
(g) The recommendation of the department as to
the disposition of the application and any proposed con-
ditions of certification which the department believes
should be imposed.
(9) To provide adequate public notice of the filing of
the application and of the proceedings conducted pur-
suant to this part.


(10) To prescribe the means for monitoring the elf
fects arising from the construction and operation of elec-
trical power plants to assure continued compliance with
terms of the certification.
(11) To notify all agencies affected of the filing of a
notice of intent within 15 days of receipt of the notice
and to publish public notice that the department has re-
ceived such notice of intent
(12) To require a certification modification fee, not to
exceed $5,000, from the party petitioning for the modifi-
cation, which fee shall be submitted to the department
with a formal petition for modification to the department
pursuant to s. 403.516(3). Any sums remaining after the
proceeding shall be refunded to the petitioner within 90
days after approval or denial of the modification.
(13) To withhold from the application fee estab-
lished by this section a reasonable sum sufficient to cov-
er costs associated with postcertification review of ap-
tivities required by any condition of certification. Such
sums shall be specified as a part of each condition.
Upon completion of any such reviews, any sums remain-
in shall be refunded to the applicant.
a=_m.- 1.ch 73MS. d IC sr76.. 1.ch.77.174 s 132. ch 7S.); s.4,
ch 81-131: 3. ch B1-167. 35. ch s 355

403.506 AppMliablly and ceMtication.-
(1) The provisions of this chapter shall apply to any
electrical power plant as defined herein, except that the
provisions of the Power Plant Siting Act shall not apply
to any electrical power plant or steam generating plant
of less than 50 megawatts in capacity unless the appli-
cant has elected to apply for certification under this act.
No construction of any new electrical power plant or ex-
pansion in steam generating capacity of any existing
electrical power plant may be undertaken after October
1, 1973, without first obtaining certification in the man-
ner as herein provided, except that this act shall not ap-
ply to any such electrical power plant which is presently
operating or under construction or which has, upon the
effective date of chapter 73-33, Laws of Florida, applied
for a permit or certification under requirements in force
prior to the effective date of such act.
(2) Except as provided in the certification, modifica-
tion of nonnuclear fuels, internal related hardware, or op
rating conditions not in conflict with certification which
increase the electrical output of a unit to no greater ca-
pacity than the maximum operating capacity of the ex-
isting generator shall not constitute an alteration or addi-
tion to generating capacity which requires certification
pursuant to this act.
fltMb .-as ch 73-33. 3. eh 76-76. 2. ch 7976 a 5. ch. 81-131.
403.5063 Notce of intent to file applicaton.-
(1) To expedite the processing of the application
which may be filed subsequently, the applicant for a pro-
posed power plant may file a notice of intent to file an
application with the department.
(2) The department shall establish, by rule, a proce-
dure by which an applicant, after public notice, may en-
ter into binding written agreements with the department
and other affected agencies as to the scope, quantity,
and level of information to be provided in the application,
as well as the methods to be used in providing such if-
formation and the nature of the supporting documents


Ch. 403




--U _.. EJ ;--l-


F.s. 106

monitoring the ef.
operation of elec.
J compliance with

Sof (Iing of a
eipt o the notice
apartment has re-

fication fee, not to
ing for the modifi.
o the department
lo the department
imaining after the
etitioner within 90
modification.
actionn fee estab-
i sufficient to covy
ton review of ac-
:ertlfication. Such
f each condition.
any sums remain.
N<.. 132. ch -19 a 4,

stion.-
shall apply to any
n, except that the
ct shall not apply
i generating plant
t unless the appli-
ion under this act.
aower plant or ex-
y of any existing.
ken after October
nation jthe man-
s actor not ap-
vhich' Jresently
ich has, upon the
)f Florida, applied
jirements in force'

ication, modfica-
Shardware, r op-
ertification which
to no greater ao
city of the se-
alteration or addi
uires certificstln]
S. S. Ch. 81-131
ppNggagH.-
if the application
applicant for a pro-
f intent to ile ian

by rule, a proce
c notice, may en-
hthedepsrtment
scope, quantitY.
n the application
oviding suchin-
documents


c 1M35


r


EMVIRE~PNTAL IMflTeflI


to be included in the application.
nOrMry.- 6 ch 81.131

43.5065 Appointment of heaong officer, determl-
naon of completeness; amendment to the applica-

(1) Within 7 days of receipt of an application, wheth-
er complete or not, the department shall request the Di-
vision of Administrative Hearings to designate a hearing
officer to conduct the hearings required by this act. The
division director shall designate a hearing officer within
7 days of receipt of the request from the department. In
designating a hearing officer for this purpose, the divi-
sion director shall, whenever practicable, assign a hear-
ing officer who has had prior experience or training in
electric power plant site certification proceedings. Upon
being advised that a hearing officer has been appointed,
the department shall immediately file a copy of the appli-
cation and all supporting documents with the designat-
ed hearing officer, who shall docket the application.
(2) Within 10 working days of receipt of an applica-
tion, the department shaH file a statement with the Divi-
sion of Administrative Hearings and with the applicant
declaring its position with regard to the completeness,
not the sufficiency, of the application. If the department
declares the application to be incomplete, then, within
15 working days of the receipt by the department of the
application, the applicant shall file with the Division of
Administrative Hearings and with the department a
statement agreeing with the statement of the depart-
ment and withdrawing the application or contesting the
statement of the department. If the application is not
withdrawn, the hearing officer shall schedule a hearing
on the statement of completeness. The hearing shall be
scheduled as expeditiously as possible, but no later
than 30 days after the receipt of the application by the
department. The designated hearing officer shall make
his decision within 10 days of the hearing. If the desig-
nated hearing officer determines that the application
was not complete as filed, then the applicant shall with-
draw the application. If the hearing officer determines
that the application was complete at the time it was
filed, then the times provided in this act shall run from
the date of the filing of such application.
(3) Any amendment made to the application after fil-
ing shall be served on all parties and agencies that have
received the initial application.
NI -y.-- 4. ch 7676 a 1. ch 77-174. s 7. ch 81-131
403.507 Reports and studies.-
(1) It shall be the duty of the department to provide
copies of the application as filed, within 15 days of its
receipt by the department, to the Department of Com-
munity Affairs, the Public Service Commission, and the
water management district, created by chapter 373, in
the jurisdiction of which the facility is to be located The
applicant, at its cost, shall furnish such information.
studies, and data as the department may direct.
(a) Within 5 months of receipt of a copy of the com-
plete application, the Department of Community Affairs
shall present a report as to the compatibility of the pro-
Posed electrical power plant with the slate comprehen-
sive plan to the department. The Department of Commu


nity Affairs shall submit a preliminary report within 60
days of receipt of a copy of the complete application.
(b) The Public Service Commission shall prepare a
report as to the present and future need for the electrical
generating capacity to be supplied by the proposed
electrical power plant. The report may include the com-
ments of the commission with respect to any matters
within its jurisdiction. It shall submit its report to the de-
partment within 5 months of receipt of a copy of the
complete application. The commission shall submit a
preliminary report within 60 days of receipt of a copy of
the complete application
(c) Within 5 months of receipt of a copy of the com-
plete application, the water management district, as de-
fined in chapter 373, in the jurisdiction of which the pro-
posed electrical power plant is to be located shall pre-
pare a report as to matters within its jurisdiction. The wa-
ter management district shall submit a preliminary re-
port within 60 days of receipt of a copy of the complete
application.
(d) The department may request that any other
agency perform studies and prepare reports as to mat-
ters within the jurisdiction of that agency which may be
potentially affected by the proposed electrical power
plant. Such studies or reports shall be submitted to the
department within 5 months of receipt of a copy of the
complete application by that agency.
(2) As needed to verify or supplement the studies
made by the applcant in support of the application, it
shall be the duty of the department to conduct, or con-
tract for, studies of the proposed electrical power plant
and site, including, but not limited to, the following:
(a) Cooling system requirements.
(b) Construction and operational safeguards.
(c) Proximity to transportation systems
(d) Soil and foundation conditions.
(e) Impact on suitable present and projected water
supplies for this and other competing uses.
(f) Impact on surrounding land uses.
(g) Accessibility to transmission corridors.
(h) Environmental impacts.
(3) The department shall initiate the activities re-
quired by this section no later than 30 days after the
complete application is filed. The department shall keep
the applicant informed as to the progress of the studies
and any issues raised thereby.
(4) The studies required by subsection (2) shall be
completed no later than 7 months after the complete ap-
plication is filed with the department.
l ..-y-t I.ch 73-3. s 5 ch 776- l 133 ch.7M-19G B.dh 1.131.1 33.
ch 11 a1 3. ch 83-55

403.50 Proceedngs, parties, participants.-
(1) The designated hearing officer shall conduct a
land use hearing in the county of the proposed site with-
in 90 days of receipt of a complete application for electri-
cal power plant site certification by the department The
place of such hearing shall be as close as possible to the
proposed site The department shall arrange for publica-
tion of notice of the land use hearing and of the deadline
for filing of notice of intent to be a party at least 45 days
before the date set for the land use hearing.


Iu 0%16~-;~- "~I""" Y~N


InbL JA




*a: C. *'.. -.. *- fl- a .*t .. f


*.lVmmmimna~C Coumo~L


F.8. 1MW


(2) The sole issue for determination at the land use
hearing shall be whether or not the proposed site is con-
sistent and in compliance with existing land use plans
and zoning ordinances. The designated hearing officer's
recommended order shall be issued within 30 days of
completion of the hearing and shall be reviewed by the
board within 45 days of receipt of the recommended or-
der by the board. If it is determined by the board that
the proposed site does conform with existing land use
plans and zoning ordinances in effect as of the date of
the application, the responsible zoning or planning au-
thority shall not thereafter change such land use plans
or zoning ordinances so as to affect the proposed site
unless certification is subsequently denied. If it is deter-
mined by the board that the proposed site does not con-
form, it shall be the responsibility of the applicant to
make the necessary application for rezoning. Should the
application for rezoning be denied, the applicant may
appeal this decision to the board, which may, if it deter-
mines after notice and hearing that H is in the public in-
terest to authorize a nonconformiig use of the land as
a site for an electrical power plant, authorize a variance
to the existing land use plan and zoning ordinances. In
the event a variance is denied, no further action may be
taken on the complete application by the department
until the proposed site conforms to existing land use
plans or zoning ordinances.
(3) A certification hearing shall be held by the desig-
nated hearing officer no later than 10 months after the
complete application is filed with the department; how-
ever, an affirmative determination of need by the Public
Service Commission pursuant to s. 403.519 shall be a
condition precedent to the conduct of the certification
hearing. At the conclusion of the certification hearing,
the designated hearing officer shall, after consideration
of all evidence of record, submit to the board a recom-
mended order no later than 12 months after receipt of
the complete application by the department.
(4)a) Parties to the proceeding shall include:
1. The applicant.
2. The Public Service Commission.
3. The Department of Community Affairs.
4. The water management district, as defined in
chapter 373, in the jurisdiction of which the proposed
electrical power plant is to be located.
5. The department.
(b) Upon the filing with the department of a notice
of intent to be a party at least 15 days prior to the date
set for the land use hearing, the following shaH also be
parties to the proceeding:
1. Any county or municipality in whose jurisdiction
the proposed electrical power plant is to be located.
2. Any state agency not listed in paragraph (a) as to
matters within its jurisdiction.
3. Any domestic nonprofit corporation or association
formed, in whole or in part, to promote conservation or
natural beauty; to protect the environment, personal
health, or other biological values: to preserve historical
sites, to promote consumer interests; to represent labor,
commercial, or industrial groups: or to promote orderly
development of the area in which the proposed electri-
cal power plant is to be located


(c) Notwithstanding paragraph (4Xd), failure of an
agency described in subparagraphs (4)(b)1. or (4)b)2.
to file a notice of intent to be a party within the time pro-
vided herein shall constitute a waiver of the right of that
agency to participate as a party in the proceeding.
(d) Other parties may include any person, including
those persons enumerated in paragraph (4)(b) who have
failed to timely file a notice of intent to be a party, whose
substantial interests are affected and being determined
by the proceeding and who timely file a motion to inter-
vene pursuant to chapter 120 and applicable rules Inter-
vention pursuant to this paragraph may be granted at
the discretion of the designated hearing officer and
upon such conditions as he may prescribe any time prior
to 15 days before the commencement of the certification
hearing.
(e) Any agency whose properties or works are being
affected pursuant to s. 403.509(2) shall be made a party
upon the request of the department or the applicant.
(5) When appropriate, any person may be given an
opportunity to present oral or written communications to
the designated hearing officer. If the designated hearing
officer proposes to consider such communications. 1thl
all parties shall be given an opportunity to cross-
examine or challenge or rebut such communications.
(6) The designated hearing officer shall have all
powers and duties granted to hearing officers by chap-
ters 120 and 403 and by the rules of the department and
the Administration Commission, including the authority
to resolve disputes over the completeness of an applica-
tion for certification.
linl .-a 1. ch 733 6.ch 776.7 1.ch 77-174. s 134. ch 79190 s 9
ch 81 131. s 36 ch 81.167 s 37. ch 83-55

403.509 Finl disposition of application.-
(1) Within 60 days of receipt of the designated hear-
ing officer's recommended order, the board shall act
upon the application by written order, approving in
whole, approving with such modification as the board
shall deem appropriate, or denying the issuance of a
certificate and stating the reasons for issuance or denial
If the certificate is denied, the board shall set forth in
writing the action the applicant would have to take to se-
cure the board's approval of the application.
(2) In regard to the properties and works of any
agency which is a party to the certification hearing, the
board shall have the authority to decide issues relating
to the use, the connection thereto, or the crossing there-
of, for the electrical power plant and site and to direct
any such agency to execute, within 30 days of the entry
of certification, the necessary license or easement for
such use, connection, or crossing, subject only to the
conditions set forth in such certification.
(3) The issuance or denial of the certification by the
board shall be the final administrative action required as
to that application.
wuoby.-s 1 ch 73-33 s 7.ch 7676. 141. ch 77 104
403.5095 Alteration of time limits.-Any time lmita-
tion in this part may be altered by the designated hear-
ing officer upon stipulation between the department and
the applicant or for good cause shown by any party
IHotory.-s 8.ch 7676


4





49


,4,


I


r~ r-r~--~--F CONTROL---- --





S.1 -",' ai-c. '
. . . . .


Mh SM


Failure of an
V)1. or (4Xb)2.
n the time pro-
ie right of that
roceeding.
son, viuding
IKb) have
party, hose
g determined
option to inter-
e rules. Inter-
Sgranted at
officer and
any time prior
e certification

rks are being
made a party
applicant.
be given an
unications to
ated hearing
tons, then
ty o cross-

lI have all
rs by chap-
rtment and
he authority
f an applica-
.eh 7rs : s 9.


ted hear-
d shal act
pro*% in
Sthel, Ird
uance of a
Sor denial.
set forth in
take toe-

ks of any
aring the
s relating
sing there-
d to direct
f the entry
for
nly to the

ion by the
uired as


403.10 Superseded laws, regulation, end oWrti-
cation power.-
(1) If any provision of this act is in Conflict with any
other provision, limitation, or restriction which is now in
effect under any law or ordinance of this state or any po-
litical subdivision or municipality, or any rule or regula-
tion promulgated thereunder, this act shall govern and
control, and such other law or ordinance or rule or regu-
lation promulgated thereunder shall be deemed super-
seded for the purposes of this act.
(2) The state hereby preempts the regulation and
certification of electrical power plant sites and electrical
power plants as defined in this act.
(3) The board shall have the power to adopt reason-
able procedural rules to carry out its duties under this
act and to give effect to the legislative intent that this
act is to provide an efficient, simplified, centrally coordi-
nated, one-stop permitting process.
Mlet-.-s 1. ch 73 9. ch 7 76
403.511 Effect of certification.-
(1) Subject to the conditions set forth therein, any
certification signed by the Governor shall constitute the
sole license of the state and any agency as to the ap-
proval of the site and the construction and operation of
the proposed electrical power plant, except as other-
wise provided in subsection (4).
(2) The certification shall authorize the electric utility
named therein to construct and operate the proposed
electrical power plant, subject only to the conditions of
certification set forth in such certification. Except as pro-
vided in subsection (4), the certification agreement may
include conditions which constitute variances from non-
procedural standards or regulations of the department
or any other standards or regulations of any other agen-
cy which were expressly considered during the pro-
ceeding and which otherwise would be applicable to the
construction and operation of the proposed electrical
power plant.
(3) The certification shall be in lieu of any license,
permit, certificate, or similar document required by any
agency pursuant to, but not limited to, chapter 161,
chapter 253. chapter 298, chapter 370, chapter 373.
chapter 380. chapter 381, chapter 387. chapter 404, the
Florida Transportation Code, or 33 U.S.C. s. 1341.
(4) This part shall not affect in any way the ratemak-
ing powers of the Public Service Commission under
chapter 366; nor shall this part in any way affect the right
of any local government to charge appropriate fees or
require that construction be in compliance with local
building codes, standards, and regulations.
(5)(a) An electrical power plant certified pursuant to
this act shall comply with rules adopted by the depart-
ment subsequent to the issuance of the certification
which prescribe new or stricter criteria, to the extent that
the rules are applicable to electrical power plants. Ex-
cept when express variances have been granted, sub-
sequently adopted rules which prescribe new or stricter
criteria shall operate as automatic modifications to certi-
fications
(b) Any holder of a certification issued pursuant to
this act may choose to operate the certified electrical
power plant in complance with any rule subsequently


ime limna-
tled heer-
Iment and
y party.


adopted by the department which prescribes criteria
more lenient than the criteria required by the terms and
conditions in the certification which are not site-specific.
(c) No term or condition of certification shall be inter-
preted to preclude the postcertification exercise by any
party of whatever procedural rights it may have under
chapter 120, including those related to rulemaking pro-
ceedings. This subsection shall apply to previously is-
sued certifications.
H1Miy.-. 1.ch 73-33. 2.ch 74170. IO. ch -7-76. 1.ch 77-174; 3.
Ch 7965
403.5111 County and mnlpel authority unaffect-
ed by chapter 7-22, Laws of Florda.-Except as pro-
vided in as. 403.510 and 403.511, nothing in chapter 75-
22, Laws of Florida, shall be construed to have altered
the authority of county and municipal govemments as
provided by law.
M1M8.-s 22. h 7-22.
403.512 RevocatIon or suspensmonf f ertfloation.
-Any certification may be revoked or suspended:
(1) For any material false statement in the applica-
tion or in the supplemental or additional statements of
fact or studies required of the applicant when a true an-
swer would have warranted the board's refusal to rec-
ommend a certification In the first instance.
(2) For failure to comply with the terms or conditions
of the certification.
(3) For violation of the provisions of this chapter or
regulations or orders issued hereunder.
LMoy.--. 1. h r733.. .1. oh 767
403.513 Review.-Proceedings under this part shall
be subject to judicial review as provided in chapter 120.
msony.-. 1. ch 73 ;3;. 12. 76S.7
403.514 Enforcement of eompliance.-Failure to
obtain a certification, or to comply with the conditions
thereof, or to comply with this part shall constitute a vio-
lation of chapter 403.
HtMe.-- 1. oh 733. 12. Ch 76-7
403.515 Availallty of oermatlon.-The depart-
ment shall make available for public inspection and
copying during regular office hours, at the expense of
any person requesting copies, any information filed or
submitted pursuant to this act.
aMtoy.-- 1. ch 7I3
403.516 Modificaton of certlflcaton.-A certifica-
tion may be modified after issuance in any one of the fol-
lowing ways:
(1) The board may delegate to the department the
authority to modify specific conditions in the certifica-
tion.
(2) The parties to the certification proceeding may
modify the terms and conditions of the certification by
mutual written agreement. Upon execution of the agree-
ment by the parties,the provisions of s. 120.57 shall ap-
ply to the proceedings for approval or denial of the
agreement by the board.
(3) If the parties to the certification proceeding are
unable to reach a mutual written agreement on modifica-
tion of the terms and conditions of the certification, a pe-
tition for modification setting forth:


__ _____ _


_I_


F






Ch. 403 WIrrONMENTA1 CONTROL F.. I
'*l


Vj:







1-.1

3;


(a) The proposed modification,
(b) The factual reasons asserted for the modifica-
tion, and
(c) The anticipated effects of the proposed modifi-
cation on the applicant, the public, and the environment
shall be filed with the Division of Administrative Hear-
ings. The provisions of a. 120.57 shall apply to the pro-
ceedings for approval or denial of the petition by the
board.
(4) As required by s. 403.511(5).
HMM.- 13 ch a a s. .oh 81a131.
40.3A17 Supplemental appcale s tar eIes cert-
Nsd fa unml eta cIfepait.-
(1Xa) The department shall adopt rules governing
the processing of supplemental applications for certifi-
cation of the construction and operation of electrical
power plants to be located at site which have been pre-
viously certified for an ultimate site capacity pursuant to
this pert. Supplemental applications shall be united to
eect c o power pnts using the fuel type previously
certified for that site. The rules adopted pursuant to this
section shall include provision for:
1. Prompt appointment of a designated hearing offi-
cer.
2. The contents of the supplemental application.
3. Resolution of disputes as to the completenes of
supplemental applications by the designated hearing of-
ficer.
4. Public notice of the filing of the supplemental ap-
plications.
5. Time limits for prompt processing of supplemen-
tal applications.
6. Final disposition by the board within 7 months of
the filing of a complete supplemental application.
(b) The time limits shall not exceed any time liit.-
tion governing the review of initial applications for site
certification pursuant.to this part, it being the negative
intent to provide shorter time limitations Ior the process-
ing of supplemental applications for eetrical power
plants to be constructed nd opertd at sites which
have been previous certified for an ultimate site capac-
ity.
(c) Any time limitation in this section or in rules
adopted pursuant to this section may be altered by the
designated heing officer upon stipulai between the
department and the applicant or for good cause shown
by any party. The parties to the procoeing shall here
to the provisions of chapter 120 in considering nd pro-
cessing such supplemental applications. The depart-
ment may charge a supplemental application fee not to
exceed $25,000-1 cover all reasonable expenses and
costs of the review, processing, and proceedings of a
supplemental application incurred by the department,
the Division of Administrative Hearings, the Public Ser-
vice Commission, the Department of Community Affairs,
the water management district, or any other agency
from which the department requests special studies
pursuant to s. 403 507(1)(d). Any unused portion of the
fee shall be refunded pursuant to s. 403.504


(2) Supplemental applications shall be reviewed in
accordance with the criteria and considerations of s.
403.507.
(3) The land use hearing requirements of s.
403.508(1) and (2) shall not be applicable to the process-
Ing of supplemental applications pursuant to this sec-
tion so long as:
(a) The previously certified ultimate site capacity is
not exceeded; and
(b) The lands required for the construction or opera-
tion of the electrical power plnt which Is the subject of
the supplemental application are within the boundaries
of the previously certified site.
(4) For the purposes of this part, the term "ultimate
site capacity means the maximum generating capacity
for a site as certified by the board.
eIS..-. 14,chl7 -76, 11. ll1.- ,s.34.ch B1- .it. 3B.oh Sw.
403.519 Excdshe tmm aor dSetminaimn at need.
-On request by a utility or on its own motion, the com-
mission shall begin a proceeding to determine the need
for an electrical p t plant subject to the Florid Elec
trical Power Plant Siting Act. The commission shall be
the sole forum for the determination of this matter, which
accordingly shal not be raised in any othm forum or in
the review ofprcaedngs in such other forum. in making
its determination, the commission shall take into ac-
count the nqed for electric system reliability and integri-
ty, the need for adequate electricity at a reasonable
cost, andwhether the proposed plant is the most cost-
effective alternative available. The commission shell also
expresly consider the conservation measures taken by
or reasonably available to the applicant or Its members
which might mitigate the need for the proposed plant
and other matters within its Jurediction which it deems
relevant. The commission's determination of need for an
electrical power plant shal create a presumption of pub-
lic need and necessity and hall serve as the commis-
sion's report required by s. 403.507(1Xb).
M .M Ch. -G
.tw. MOaUS Florid Enwry EAcbeny nd OanamnWon Act
403.5 Short tle.-Sections 403.52-403.536 may
be cited as the Transmission Lne Siting Act."
iM.;.-.. 1, ch W4&
40L3g1 Legililhve fet-The legislative intent of
this act is to establish a centralized end coordinated per-
mitting process for the location of transmiss line corri-
dor and the construction and maintenance of transmis-
sion lines, which necessarily involves several broad in-
terests of the public addrc edlhrough the subject mat-
ter jurisdiction of several gecies. The Legislature rec-
ognize that transmission lines will have an effect upon
the welfare of the population. Recognizing the need to
ensure electric power system relibirty pn integrity,
and in order to meet electrical energy needs in an order-
ly and timely fashion, the centralized and coordinated
permitting process established by this act is intended
to further the legislative goal of ensuring through avail-
able and reasonable methods that the location of trans-
mission line corridors and the construction and mainte-
nance of transmission lines produce minimal adverse ef-
fects on the environment and public health, safety, and





P.S. tte

be reviewed in
iderations of s.

rements of s.
to t ocess.
mnt I .s sec,

site capacity is

action or opera.
s the subject of
the boundaries

Term "ultimate
rating capacity
S-ta. 38. Ch a83
nation of need.
tion, the corn-
mine the need
he Florida Eleo-
son shall be
Smatter, which
her forum or in
rum. In making
I take into ac-
ility and integri-
ta reasonable
the most cost-
ssion shall also
Lsures taken by
or its members
proposed plant
which it deems
n of need for an
JmptirN pub-
is tha mmis-
1).
wtion Act

2-403.536 may
; Act.'

slative intent of
ordinated per-
ssion line cori-
ce of transmis-
veral broad in-
ie subject mat-
.egislature rec-
an effect upon
ig the need to
and integrity,
ds in an order-
d coordinated
ct is intended
through avail-
:ation of trans-
mn and mainte-
nal adverse ef-
th, safety, and


-epE irn m


welfare. It is the intent of this act to fully balance the
need for transmission lines with the broad interests of
the public in order to effect a reasonable balance be-
tween the need for the facility as a means of providing
abundant low-cost electrical energy and the impact on
the public and the environment resulting from the loca-
tion of the transmission line corridor and the construc-
tion and maintenance of the transmission lines. The Leg-
islature intends that the provisions of chapter 120 apply
to this act and to proceedings pursuant to it except as
otherwise expressly exempted by other provisions of
this part.
HM o.-- 1. oh. .8045; s 2. c,. 3-222.
403.522 Definitions.-As used in this act:
(1) "Agency," as the context requires, means an offi-
cial, officer, commission, authority, council, committee,
department, division, bureau, board, section, or other
unit or entity of government within the state, including
a county, municipality, or other regional or local govern-
mental entity.
(2) 'Amendment" means a material change in infor-
mation provided in the application for certification made
after the initial application filing.
(3) 'Applicant" means any electric utility which ap-
plies for certification pursuant to the provisions of this
act.
(4) "Application" means the documents required by
the department to be filed to initiate a certification pro-
ceeding. An electric utility may file a comprehensive ap-
plication encompassing all or a part of one or more pro-
posed transmission lines.
(5) "Board" means the Governor and Cabinet sitting
as the siting board
(6) 'Certification" means the approval by the board
of a corridor proper for certification pursuant to subsec-
tion (9) and the construction and maintenance of trans-
mission lines within such corridor with such modifica-
tions or conditions as the board deems appropriate. Cer-
tification shall be evidenced by a written order of the
board.
(7) 'Commission" means the Florida Public Service
Commission.
(8) "Completeness" means that the application has
addressed al applicable sections of the prescribed ap-
plication format, but does not mean that those sections
are sufficient in comprehensiveness of data or in quality
of information provided.
(9) "Corridor" means the proposed area within which
a transmission line right-of-way is to be located. The
width of the corridor proposed for certification by an ap-
plicant or other party, at the option of the applicant, may
be the width of the transmission line right-of-way or
wider, not to exceed a width of 1 mile. After all property
interests required for the transmission line right-of-way
have been acquired by the applicant, the boundaries of
the area certified shall narrow to only that land within the
boundaries of the transmission line right-of-way. The
corridors proper for certification shall be those ad-
dressed in the application, in amendments to the appli-
cation filed pursuant to s 403 5275, and in notices of ac-
ceptance of proposed alternate corridors filed by an ap-
plicant and the department pursuant to s. 403.527(5).


(10) "Department" means the Department of Envi-
ronmental Regulation.
(11) "Local government" means a municipality or
county in the jurisdiction of which the project is pro-
posed to be located.
(12) "Modification" means any change in the certifi-
cation order after issuance, including a change in the
conditions of certification.
(13) "Regional planning council"means a regional
planning council as defined in s. 160.003(4) in the juris-
diction of which the project is proposed to be located.
(14) "Sufficiency" means that the application is not
only complete but that al sections are sufficient in com-
prehensiveness of data or in quality of information pro-
vided.
(15) "Transmission line" means any electrical trans-
mission line extending from, but not including, an exist-
ing or proposed substation or power plant to, but not in-
cluding, an existing or proposed transmission network
or rights-of-way or substation to which the applicant in-
tends to connect which defines the end of the proposed
project and which is designed to operate at 230 kilovolts
or more and which crosses a county line. The starting
point and ending point of a transmission line must be
specifically defined by the applicant and must be veri-
fied by the commission in its determination of need. A
transmission line includes structures and maintenance
and access roads that need to be constructed for the
project to become operational. It the proposed location
of a corridor is affected by the applicant's proposed in-
termediate substations, then the general location of the
proposed intermediate substation, and not the permit-
ting of such substation, shall be considered in the certifi-
cation proceedings.
(16) "Transmission line right-of-way" means land
necessary for the construction and maintenance of a
transmission line. The typical width of the right-of-way
shall be identified in the application The right-of-way
shall be located within the certified corridor and shall be
identified by the applicant subsequent to certification in
documents filed with the department prior to construc-
tion.
(17) "Water management district" means a water
management district created pursuant to chapter 373 in
the jurisdiction of which the project is proposed to be lo-
cated.
(18) The following words have the same meaning as
appears in s. 403.503:
(a) "Electric utility."
(b) "License"
(c) "Person."
wsory.-s. 1, ch. 80-6; 83-222; 54. ch. 851.
403.523 Department of Environmental Regulation;
powers and duties.-The department shall have the fol-
lowing powers and duties:
(1) To adopt or amend reasonable procedural rules
to implement the provisions of this act and to adopt or
amend rules to implement the provisions of subsection
(14).
(2) To prescribe the form, content, and necessary
supporting documentation, and any required studies, for
certification applications. All such data and studies shall


Eh. H


=,a 4me




rrr-L~-- '- I


ENVIRONMENTAL CONTROL


F.S. 19S s
T


be related to the jurisdiction of the agencies relevant to
the application
(3) To receive applications for transmission line and
corridor certifications and initially determine the com-
pleteness and sufficiency thereof.
(4) To make or contract for studies of certification
applications. All such studies shall be related to the juris-
diction of the agencies relevant to the application. For
studies in areas outside the jurisdiction of the depart-
ment and in the jurisdiction of another agency, the de-
partment may initiate such studies, but only with the
consent of such agency.
(5) To administer the processing of applications for
certification and ensure that the applications are pro-
cessed as expeditiously as possible.
(6) To notify all affected agencies of the filing of an
application and of the fibng of subsequent amendments
within 15 days after receiving the complete application
or subsequent amendments.
(7) To require an application fee, which shall be paid
to the department upon the filing of each application for
corridor certification. The application fee shall be $750
for each mile of the proposed transmission line corridor.
A minimum fee of $20,000 shall be required for each ap-
plication. The application fee shall be used to pay those
expenses associated with the cost of the preparation
and conduct of the hearings, the recording and tran-
scription of the proceedings, the studies required by this
act, and agency travel and per diem. Salaries for full-
time state agency employees, excluding other personal
services employees, may not be charged against the
fee. If any sums remain after payment of such expenses.
the application fee shall be applied pro rata to reimburse
all reasonable expenses pursuant to this act incurred by
the agencies. Any sums remaining after the payment of
all authorized costs shall be refunded to the applicant
within 90 days after the issuance or denial of certification
or the withdrawal of the application. The applicant shall
be provided with an itemized accounting of the expendi-
tures.
(8) To prepare a compilation of agency reports and
summaries of the material contained therein which shall
be filed with the hearing officer and served on all parties
no later than 4 months after the complete application is
filed with the department, and which shall include:
(a) The studies and reports required by ss. 403.526
and 403.537, including the recommendations of the de-
partment relating to the disposition of the application.
(b) Comments received from any other agency.
(9) To provide public notice of the filing of the appli-
cation and of the proceedings conducted pursuant to
this act.
(10) To prescribe the means for monitoring the ef-
fects arising from the location of the transmission line
corridor and the construction and maintenance of the
transmission lines to assure continued compliance with
the terms of the certification.
(11) To require a certification modification fee. If no
corridor alignment change is proposed by the applicant,
the modification fee shall be $2,000. If a corridor align-
ment change is proposed by the applicant, the fee shall
be $2,000 plus $750 for each mile of realignment. Such
fee shall be submitted to the department upon notifica.


tion by an applicant that modification pursuant to s.
403.5315(2) or (3) is sought, and which shall be used,
disbursed, and accounted for in the same manner as the
application fee.
(12) To make a determination of acceptability of any
alternate corridor proposed for consideration pursuant
to s. 403.527(5)
(13) To withhold from the fees established by this
section a reasonable sum sufficient to cover the costs
associated with postcertification review of activities re-
quired by any condition of certification. Such sums shall
be specified as part of each condition.
(14) To set requirements that reasonably protect the
public health, safety, and welfare from the electric and
magnetic fields of transmission lines for which an appli-
cation is filed after the effective date of this act.
(15) To present rebuttal evidence on any issue prop-
erly raised at the certification hearing.
Hi Ci.-- 1.h 885. a 37. ch 81-167. 2s6. ch.c 851-8. s 3. ch 03-5 s
4. ch 3-m
403.524 AppNabnty ad Molcaton.-
(1) The provisions of this act apply to each transmis-
sion line, except a transmission line certified pursuant to
the Florida Electrical Power Plant Siting Act.
(2) Except as provided in subsection (1), no con-
struction of any transmission line may be undertaken
without first obtaining certification under this act, but
the provisions of this act do not apply to:
(a) Transmission lines for which development ap-
proval has been obtained pursuant to chapter 380.
(b) Transmission lines which have been exempted
by a binding letter of interpretation issued under s.
380.06(4), or in which the Department of Community Af-
fairs or its predecessor agency has determined the utili-
ty to have vested development rights within the mean-
ing of s. 380.05(18) or s. 380.06(20).
(c) Transmission line development in which all con-
struction is limited to established rights-of-way. Estab-
lished rights-of-way include such rights-of-way for roads,
highways, railroads, gas, water, oil, electricity, or sew-
age and any other public purpose rights-of-way. Except
for transmission line rights-of-way, established rights-of-
way include rights-of-way created before or after Octo-
ber 1, 1983. For transmission line rights-of-way, estab-
lished rights-of-way include rights-of-way created before
October 1, 1983.
(d) Transmission lines less than 15 miles in length
which cross a county line, unless the applicant has
elected to apply for certification under the act.
(3) The exemption of a transmission line under this
act does not constitute an exemption for the transmis-
sion line from other applicable permitting processes un-
der other provisions of law or local government ordi-
nances.
(4) A utility shall notify the department in writing, pri-
or to the start of construction, of its intent to construct
a transmission line exempted pursuant to this section.
Such notice shall be only for information purposes, and
no action by the department shall be required pursuant
to such notice
Hton y.- 1. ch 80h-5 s 14. c 81 131 e 38. ci 81 167. s 40 ch 8355 s
5 ch 3-222 g 49 ch 8 55


Ch. 403


t





F.S. iga

n pursuant to s.
;h shall be used,
ne manner as the

cept \y of any
leratiO, pursuant

tablished by this
Cover the costs
N of activities re-
Such sums shaIl

nably protect the
I the electric and
ir which an appli-
)f this act.
n any issue prop-
11-2 a S ch 83-55:

tion.--
to each transmis-
lified pursuant to
g Act.
tion (1), no con-
y be undertaken
der this act, but
to:
development ap-
chapter 380.
been exempted
issued under s.
f Community Af-
armined the utili-
Wthi mean-

in whicn all con
s-of-way. Estab-
f-way for roads,
i-tricity, or sew-
-of-way. Except
ished rights-of-
e or after Octo-
s-of-way, estab-
y created before

Smiles in length
Applicant has
the act.
Saline under this
or the transmis-
gprocesses un-
overnment ordi-

nt in writing, pri-
ent to construct
to this section.
purposes, and
quired pursuant


e 19IM5


ENVIONWUNTAL CONTROL


403.525 Appointment of hearing officer; dermi-
nation of omplet0nen or ufficiency.-
(1) Within 7 days after receipt of an application,
whether complete or not, the department shall request
the Division of Administrative Hearings to designate a
hearing officer to conduct the hearings required by this
act. The division director shall designate a hearing offi-
cer to conduct the hearings required by this act within
7 days after receipt of the request from the department.
Whenever practicable, the division director shall assign
a hearing officer who has had prior experience or train-
ing in this type of certification proceeding. Upon being
advised that a hearing officer has been designated, the
department shall immediately file a copy of the applica-
tion and all supporting documents with the hearing offi-
cer, who shall docket the application.
(2) Within 20 working days after receipt of an appli-
cation or an amendment, the department shall file a
statement with the Division of Administrative Hearings
and with the applicant, declaring its position with regard
to the completeness, not the sufficiency, of the applica-
tion or amendment. If the department declares the appli-
cation or amendment to be incomplete, then, within 15
days after the filing of the statement by the department,
the applicant shall file with the Division of Administrative
Hearings and with the department a statement agreeing
with the statement of the department and withdrawing
the application or amendment, a statement contesting
the statement of the department, or supplemental infor-
mation which makes the application or amendment
complete. If the determination by the department that
an application or amendment is incomplete and is con-
tested, the hearing officer shall schedule a hearing on
the statement of completeness. The hearing shall be
held as expeditiously as possible, but no later than 14
days from the filing of the statement contesting the de-
termination of the department. The hearing officer shall
make a decision within 10 days after the hearing. If the
hearing officer determines that the application or
amendment was not complete as filed, then the appli-
cant shall withdraw the application or amendment or
make such additional submittals so as to complete it. If
the hearing officer determines that the application was
complete at the time it was filed, then the time provided
in this act shall run from the date of the filing of such ap-
plication.
(3) The department may by rule adopt procedures
similar to those set forth in subsection (2) for the deter-
mination of the sufficiency of an application by the de-
partment, based on the recommendations of the agen-
cies required to submit reports pursuant to s. 403.526.
If contested by the applicant, the final decision on suffi-
ciency shall be made by the hearing officer.
HlMy.-s 1. ch 8M6. 6. c 83222

403.526 Reports and studies.-
(1) It shall be the duty of the department to provide
copies of each application, within 7 days after filing, to
the commission, the Department of Natural Resources.
the Department of Community Affairs, the Game and
Fresh Water Fish Commission, each water management
district, each regional planning council, and each local


Ch. 403


government in the jurisdiction of which the proposed
transmission line or corridor is to be located.
(2) The department shall prepare a report as to the
impact of each proposed transmission line or corridor as
it relates to matters within its jurisdiction.
(3) The Department of Natural Resources shall pre-
pare a report as to the impact of each proposed trans-
mission line or corridor on matters within its jurisdiction
and shall submit its report to the department within 90
days after receipt of a copy of the complete application.
(4) Each water management district in the jurisdic-
tion of which a proposed transmission line or corridor is
to be located shall prepare a report as to the impact on
water resources and other matters within its jurisdiction
and shall submit its report to the department within 90
days after receipt of a copy of the complete application.
(5) The Department of Community Affairs shall pre-
pare a report as to the impact of each proposed trans-
mission line or corridor on land use and other matters
within its jurisdiction and shall submit its report to the
department within 90 days after receipt of the complet-
ed application.
(6) The Game and Fresh Water Fish Commission
shall prepare a report as to the impact of each proposed
transmission line or corridor on fish and wildlife re-
sources and other matters within its jurisdiction and
shall submit its report to the department within 90 days
after receipt of the completed application.
(7) Each local government shall prepare a report as
to the impact of each proposed transmission line or cor-
ridor on matters within its jurisdiction, or shall by resolu-
tion adopt the report prepared by the appropriate re-
gional planning council as required by subsection (8). It
shall submit its report or resolution to the department
within 90 days after its receipt of the complete applica-
tron.
(8) Each regional planning council shall prepare a re-
port on the impacts of each proposed transmission line
or corridor on matters within its jurisdiction. It shall sub-
mit its report within 90 days after its receipt of the com-
plete application.
(9) The report shall contain the information on vari-
ances required by s. 403.531(2) and proposed condi-
tions of certification on matters within the jurisdiction of
each agency. For each condition proposed by an agen-
cy, the agency shall list the specific statute, rule, or ordi-
nance, as applicable, which authorizes the proposed
condition
(10) Each reviewing agency shall initiate the activi-
ties required by this section no later than 15 days after
the complete application is filed. Preliminary reports
shall be submitted to the department no later than 60
days after the receipt of a completed application by the
department Such reports shall be made available to
each local government for use as information for public
meetings pursuant to s. 403.5272. Each agency shall
keep the applicant informed as to the progress of its
studies and any issues raised thereby
(11) The failure of any agency to submit a prelimi-
nary report or a report, or to submit its preliminary report
or report within the allowed time, shall not be grounds
for the alteration of any time imitation in this act pursu-
ant to s. 403.528 Neither the failure to submit a prelimi-


aBL-1


C t 95 h.4


; _I-.







ENVIRONMENTAL CONTROL


nary report or a report nor the inadequacy of the prelimi-
nary report or report shall be grounds to deny or condi-
tion certification.
MIlay.-l I. ch 0.6e. s 39 ch 81 167., 41. ch m-5. 5. 7. d 03-2
403.627 Notce, proceedings, part, participants.
(1X(a) No later than 15 days after the receipt of an
application, the department shall arrange for publication
of a notice of the application and of the proceedings re-
quired by this act.
(b) The department shall arrange for publication of
a notice of the certification hearing and other public
hearings provided for in this section and notice of the
deadline for filing of notice of intent to be a party. Such
notices shall be published at least 80 days before the
date set for the hearing.
(c) The department shall arrange for publication of
a reminder notice in the newspapers specified in para-
graph (d) no more than 2 weeks prior to the certification
hearing, reminding the public of the date and location
of the hearing. This notice shall not constitute a point of
entry for intervention in the proceeding.
(d) Notices shall be published.
1. In newspapers of general circulation within coun-
ties crossed by the transmission line corridors proper for
certification. The required newspaper notices, other
than the reminder notice, shall be one-half page in size
in a standard-size newspaper or a full page in a tabloid-
size newspaper. These notices shall include a map gen-
erally depicting all transmission corridors proper for cer-
tification. A newspaper of general circulation shall be the
newspaper within a county crossed by a transmission
line corridor proper for certification which newspaper
has the largest daily circulation in that county and has
its principal office in that county. If the newspaper with
the largest daily circulation has its principal office out-
side the county, then the notices shall appear in both the
newspaper having the largest circulation in that county
and in a newspaper authorized to publish legal notices
in that county;
2. In the Florida Administrative Weekly; and
3. By giving notice to any persons who have re-
quested to be placed on the departmental mailing list for
this purpose.
(e) The department shall adopt rules specifying the
content of notices required by this section. Al published
notices shall be paid for by the applicant and shall be
in addition to te appti eehe application fee. The department shall -
arrange for publication of notices required by this sec-
tion.
(2) No later than 150daysafter receipt of a complete
application by the department, the hearing officer shell
conduct a certification hearing pursuant to a. 120.57 at
a central location in proximity to the proposed transmis-
sion line or corridor. One public hearing where members
of the public who are not parties to the certification hear-
ing may testify shall be held within the boundaries of
each county, at the option of any local government. The
local government shall notify the hearing officer and all
parties not later than 50 days after the receipt of a com-
plete application as to whether the local government
wishes to have such a public hearing. The local govern-
ment shall be responsible for determining the location


of the public hearing. Within 5 days of such notification,
the hearing officer shall determine the date of such pub-
lic hearing, which shall be held before or during the certi-
fication hearing. In the event two or more local govern-
ments within one county request such a public hearing,
the hearing shall be consolidated so that only one such
public hearing is held in any county. The location of a
consolidated hearing shall be determined by the hearing
officer. If a local government does not request a public
hearing within 50 days after the receipt of a complete
application, persons residing within the jurisdiction of
such local government may testify at the public hearing
portion of the certification hearing.
(3Xa) At the conclusion of the certification hearing,
the hearing officer shah, after consideration of all evi-
dence of record, issue a recommended order disposing
of the application no later than 50 days after the tran-
script of the certification hearing and the public hearings
is filed with the Division of Administrative Hearings.
(b) In the event the hearing officer fails to issue a
recommended order within 50 days after the filing of the
hearing transcript, the hearing officer shall submit a re-
port to the board with a copy to all parties within 50 days
after the filing of the hearing transcript to advise the
board of the reason for the delay in the issuance of the
recommended order and of the date by which the rec-
ommended order will be issued.
(4Xa) Parties to the proceeding shall be:
1. The applicant.
2. The department.
3. The commission.
4. The Department of Community Affairs.
5. The Department of Natural Resources.
6. The Game and Fresh Water Fish Commission
7. Each water management district in the jurisdic-
tion of which the proposed transmission line or corridor
is to be located.
8. Any local government.
9. Regional planning councils.
(b) Any party listed in paragraph (a) may waive its
right to participate in these proceedings. If any listed
party fails to file a notice of its intent to be a party on or
before the 30th day prior to the certification hearing,
such party shall be deemed to have waived its right to
be a party unless its participation would not prejudice
the rights of any party to the proceeding.
(c) Notwithstanding the provisions of chapter 120 to
the contrary, upon the filing with the hearing officer of
a notice of intent to be a party by an agency or corpora-
tion or association described in subparagraphs 1. and
2. or a petition for intervention by a person described in
subparagraph 3. no later than 30 days prior to the date
set for the certification hearing, the following shall also
be parties to the proceeding.
1. Any state agency not listed in paragraph (a) as to
matters within its jurisdiction.
2. Any domestic nonprofit corporation or association
formed, in whole or in part, to promote conservation of
natural beauty; to protect the environment, personal
health, or other biological values, to preserve historical
sites, to promote consumer interests, to represent labor,
commercial, or industrial groups, or to promote orderly


Ch. 403


F.8. 18u










r.


I




s

e







F.IS 1M9


ENVIRONMENTAL CONTROL


F8. INg

notification.
f such
*gthe^
l govem
lic hearing,
y one such
cation of a
the hearing
st a public
a complete
asdiction of
blic hearing

on hearing,
of an evi-
r disposing
Ar the tran-
lic hearings
earnings.
Sto issue a
filing of the
submit a re-
thin 50 days
advise the
iance of the
ich the rec-


Ch. 403


development of the area in which the proposed trans-
mission line or corridor is to be located.
3. Any person whose substantial interests are af-
fected and being determined by the proceeding.
(d) Any agency whose properties or works may be
affected shall be made a party upon the request of the
agency or any party to this proceeding.
(5Xa) No later than 50 days prior to the certification
hearing, any party may propose alternate transmission
line corridor routes for consideration pursuant to the pro-
visions of this act by filing a notice of a proposed alter-
nate corridor with the hearing officer, all parties, and any
local governments in whose jurisdiction the alternate is
proposed. Such filing shall include the most recent Unit-
ed States Geological Survey 1:24000 quadrangle maps
specifically delineating the corridor boundaries, a de-
scription of the proposed corridor, and a statement of
the reasons the proposed alternate should be certified.
(b) Within 5 working days of receipt of such notice,
the applicant and the department shall file with the hear-
ing officer and all parties a notice of acceptance or rejec-
tion of a proposed alternate corridor for consideration
If the alternate corridor is rejected either by the applicant
or the department, the certification hearing and the pub-
lic hearings shall be held as scheduled. If both the appli-
cant and the department accept a proposed alternate
corridor for consideration, the certification hearing and
the public hearings shall be rescheduled, if necessary
(c) If rescheduled, the certification hearing shall be
held no more than 80 days from the previously sched-
uled certification hearing, to provide sufficient time:
1 For the publication of notice pursuant to para-
graphs (1)b) and (c);
2 For the agencies hsted in s. 403.526 to file supple-
mentary reports addressing the proposed alternate cor-
ndors at least 30 days prior to the certification hearing:
and
3 For agencies to submit supplementary notice pur-
suant to s. 403.531(2) at least 30 days prior to the certifi-
cation hearing.
(d) Each party proposing an alternate corridor shall
have the burden of providing data to the agencies listed
in s. 403.526 necessary for the preparation of a supple-
mentary report on the proposed alternate corridor within
a time period established by the department and shall
have the burden of proof on the certifiability of the alter-
nate corridor at the certification hearing pursuant to s.
403.529(3). Nothing in this act shall be construed as re-
quiring the applicant or agencies not proposing the al-
ternate to submit data in support of such alternate corri-
dor.
(e) Notwithstanding the rejection of a proposed al-
ternate corridor by the applicant or the department, any
party may present evidence at the certification hearing
to show that a corridor proper for certification does not
satisfy the criteria listed in s. 403 529 or that a rejected
alternate corndor would meet the criteria set forth in s
403.529. No evidence shall be admitted at the certifica-
tion hearing on any alternate corridor, unless the alter.
nate corndor was proposed by the filing of a notice at
least 50 days prior to the certification hearing pursuant
to this subsection Rejected alternate corridors shall be


considered by the board as provided in s. 403.529(3)
and (4).
(f) If an alternate corridor is accepted by the appli-
cant and the department pursuant to a notice of accep-
tance as provided in this subsection and such corridor
is ultimately determined to be the corridor that would
meet the criteria set forth in s. 403.529(3) and (4), the
board shall certify that corridor.
(6) When appropriate, any person may be given an
opportunity to present oral or written communications to
the hearing officer. If the hearing officer proposes to con-
sider such communications, all parties shall be given an
opportunity to cross-examine or challenge or rebut such
communications.
(7) The hearing officer shall have all powers and du-
ties granted to hearing officers by chapter 120 and by
the laws and rules of the department, including the au-
thority to resolve disputes over the completeness or suf-
ficiency of an application for certification.
HloU-.-s .ch 8M @ ; 40 ch 81-167:aS 4S h S13 e B. e 11M s 56,
Ch 1"B1
403.5272 Local governments; infonratonal public
meetings -
(1) Local governments may hold informational public
meetings in addition to the hearings specifically author-
ized by this act on any matter associated with the trans-
mission line proceeding. Such informational public
meetings should be held no later than 80 days after the
application is filed. The purpose of an informational pub-
lic meeting is for the local government to further inform
the general public about the transmission line proposed,
obtain comments from the public, and formulate its rec-
ommendation with respect to the proposed transmis-
sion line.
(2) Informational public meetings shall be held solely
at the option of each local government. It is the legisla-
tive intent that local governments attempt to hold such
public meetings. Parties to the proceedings under this
act shall be encouraged to attend: however, no party
shall be required to attend such informational public
hearings
(3) The failure to hold an informational public meet-
ing or the procedure used for the informational public
meeting shall not be grounds for the alteration of any
time limitation in this act pursuant to s. 403.528 or
grounds to deny or condition certification.
inorb .-i 9. ch i222
403.5275 Amendment to the appcation.-
(1) Any amendment made to the application shall be
sent by the applicant to the hearing officer and to all par-
ties to the proceeding. No additional fee shall be re-
quired for the submittal of an amendment to the applica-
tion if no corridor alignment change is proposed by the
amendment. However, if a corridor alignment change is
proposed by the applicant, an additional fee of a mini-
mum of $2,000 and $750 per mile shall be submitted to
the department for use in accordance with s 403.523
Amendments that are required to address issues, in-
cluding alternate corridors pursuant to s. 403.527(5),
raised by the department or other parties do not require
additional fees.


s
[.mis
the Il'-I,,Jic-
or coridor



ay waive its
If any listed
a party on or
ion hearing,
dits right to
ot prejudice

apter 120 to
ng officer of
y or corpora-
raphs 1. and
described in
r to the date
ng shall also

raph (a) as to

ir association
nservation of
*nt, personal
rve historical
,resent labor.
mote orderly


-.__ ~ -




~~~~ >_.T iv -


Ch. 4M


IEVIVEMWhTAL COnlTROL


F.S. 11"


(2) Any amendment to the application Made prior to
certification shall be disposed of as part of the original
certification proceeding. Amendment of the application
may be considered "good cause" for alteration of time
limits pursuant to s. 403.528.
m n-rs.-s 1.. ch 0 : a 10. h. 22
403.528 Alteratn of Ue imss.-Any time limita-
tion in this act may be altered by the hearing officer upon
stipulation between the department and the applicant
unless objected to by any party within 5 days after no-
tice or for good cause shown by any party.
H rmp.--s 1.h 0.4 I1. 1a 22
403M5 Final dipoeon of applcaio.-
(1) Within 30 days after receipt of the hearing offi-
cer's recommended order, the board shall act upon the
application by written order, approving in whole, approv-
ing with such modification and conditions as the board
deems appropriate, or denying the certification and stat-
ing the reasons for issuance or denial.
(2) If certification is denied, the board shall set forth
in writing the action the applicant would have to take to
secure the approval of the application by the board.
(3) In determining whether an application should be
approved in whole, approved with modifications or con-
ditions, or denied, the board shall consider whether, and
the extent to which, the location of the transmission line
corridor and the construction and maintenance of the
transmission fine will:
(a) Ensure electric power system reliability and in-
tegrity;
(b) Meet the electrical energy needs of the state in
an orderly and timely fashion;
(c) Comply with nonprocedural requirements of
agencies;
(d) Be consistent with applicable local government
comprehensive plans; and
(e) Effect a reasonable balance between the need
for the transmission line as a means of providing abun-
dant low-cost electrical energy and the impact upon the
public and the environment resulting from the location
of the transmission fine corridor and maintenance of the
transmission lines.
(4Xa) Any transmission line corridor certified by the
board shall meet the criteria of this section. When more
than one transmission ine corridor is proper for certific
tion pursuant to a. 40.352(9) and meets the criteria of
this section, the board shal certify t transmission line
corridor that has the least adverse Impact regarding the
criteria in subsection (3), including costs.
(b) If the board finds that an alternate corridor reject-
ed pursuant to a. 403.527(5) meets the criteria of sub-
section (3) and has thb least adverse impact regarding
the criteria in subsection (3), including Cost, of all corri-
dors that meet the criteria of subsection (3), then the
board shall deny certification or shall allow the applicant
to submit an amended application to include such corri-
dor
(c) If the board finds that two or more of the corridors
that comply with the provisions of subsection (3) have
the least adverse impacts regarding the criteria in sub-
section (3), including costs, and that such corridors are
substantially equal in adverse impacts regarding the


criteria in subsection (3), including costs, then the board
shall certify the corridor preferred by the applicant if the
corridor is one proper for certification pursuant to s.
403.522(9).
(5) The issuance or denial of the certification by the
board shall be the final administrative action required as
to that application.
ilabh.-- 1. h 860 12. a 3-222.
40.631 Effect of certification.-
(1) Subject to the conditions set forth therein, certifi-
cation shall constitute the sole license of the state and
any agency as to the approval of the location of trans-
mission line corridors and the construction and mainte-
nance of transmission lines. The certification shall be
valid for the life of the transmission line, provided that
construction on, or condemnation or acquisition of, the
right-of-way is commenced within 5 years of the date of
Certification or such later date as may be authorized by
the board.
(2) The certification shall authorize the applicant to
locate the transmission line corridor and to construct
and maintain the transmission lines subject only to the
conditions of certification set forth in such certification.
The certification may include conditions which consti-
tute variances and exemptions, otherwise allowed by
law, from nonprocedural standards or regulations of the
department or any other agency, which were expressly
considered during the proceeding unless waived by the
agency as provided below and which otherwise would
be applicable to the location of the proposed transmis-
sion fine corridor or the construction and maintenance
of the transmission lines. Each party shall notify the ap-
plicant and other parties at least 60 days prior to the cer-
tification hearing of any nonprocedural requirements not
specifically listed in the application from which a vari-
ance or exception is necessary in order for the board to
certify any corridor proposed for certification. Failure of
such notification shall be treated as a waiver, variance,
or exception, otherwise allowed by law, from non-
procedural standards or regulations of the department
or any other agency.
(3) The certification shall be in lieu of any license,
permit, certificate, or similar document required by any
agency pursuant to, but not limited to, chapter 125,
chapter 161, chapter 163, chapter 253, chapter 258,
chapter 298, chapter 370, chapter 373, chapter 380,
chapter 381, chapter 387, chapter 403, chapter 404, the
Florida Transportation Code, or 33 U.S.C. s. 1341. On
certification, any license, easement, or other interest in
state lands, except those the title of which is vested in
the Board of Trustees of the Internal Improvement Trust
Fund, shall be Issued by the appropriate agency as a
ministerial act. The applicant shall be required to seek
any necessary interest in state lands the title to which
is vested in the Board of Trustees of the Internal Im
provement Trust Fund from the board of trustees before,
during, or after the certification proceeding, and certifi-
cation may be made contingent upon issuance of the
appropriate interest in realty. However, neither the appli-
cant nor any party to the certification proceeding may
directly or indirectly raise or relitigate any matter which
was or could have been an issue in the certification pro


Ch 403-- I-N-PPM-r T- L M--








, then the board
) applicant if the
pursuant to s.

rtificaf'py the
:tion re, .red as



h therein, certifi-
)f the state and
"cation of trans-
ion and mainte-
ication shall be
1, provided that
quisition of, the
rs of the date of
e authorized by

e applicant to
id to construct
iject only to the
ch certification.
s which consti-
ise allowed by
utations of the
were expressly
waived by the
herwise would
sed transmis-
maintenance
Notify the ap-
ior to the cer-
uirements not
whic4 vaeri-
Sther rd to
tion. P..ure of
iver, variance,
w, from non-
Sdepartment

any license,
uired by any
chapter 125,
chapter 258.
chapter 380,
apter 404, the
s. 1341. On
r interest in
h is vested in
movement Trust
agency as a
uired to seek
title to which
Internal Im-
tees before,
and certifi-
uance of the
their the appli-
eding may
matter which
rtifcation pro-


cse 1ea5


ENVONII~NTAL COWSChOL


ceeding in any proceeding before the Board of Trustees
of the Internal Improvement Trust Fund wherein the ap-
plicant is seeking a necessary interest in state lands, but
the information presented in the certification proceeding
shaH be available for review by the board of trustees and
its staff.
(4) This part shall not in any way affect the ratemak-
ing powers of the commission under chapter 366. This
part shall also not in any way affect the right of any local
government to charge appropriate fees or require that
construction be in compliance with the National Electri-
cal Safety Code, as prescribed by the commission.
(5) No term or condition of certification shall be inter-
preted to preclude the postcertification exercise by any
party of whatever procedural rights it may have under
chapter 120, including those related to rulemaking pro-
ceedings.
lmo^h.-sr 1. ch I06. a 266. ch 81-205. a. 13. ch. 322.
403.5312 Recording of noe of certified corridor
route.-Within 60 days after certification of a directly as-
sociated transmission line pursuant to as. 403.501-
403.517 or a transmission line corridor pursuant to as.
403 52-403.536, the applicant shall file, in accordance
with s. 28 222, with the clerk of the circuit court for each
county through which the corridor will pass, a notice of
the certified route. The notice shall consist of maps or
aerial photographs in the scale of 1:24,000 which clearly
show the location of the certified route and shall state
that the certification of the corridor will result in the ac-
quisition of rights-of-way within the corridor. Each clerk
shall record the filing in the official record of the county
for the duration of the certification or until such time as
the applicant certifies to the clerk that all lands required
for the transmission line rights-of-way within the corridor
have been acquired within such county, whichever is
sooner. The recording of this notice shall not constitute
a lien, cloud, or encumbrance on real property.
Hiewry.-s 12, ch 81-131
403.5315 Modificaton of certification.-A certifica-
tion may be modified after issuance in any one of the fol-
lowing ways:.
(1) The board may delegate to the department the
authority to modify specific conditions in the certifica-
tion.
(2) The department may modify the terms and con-
ditions of the certification if no party objects in writing
to such modification within 45 days after notice by mail
to the last address of record in the certification proceed-
ing, and if no other person whose substantial interests
will be affected by the modification objects In writing
within 30 days after issuance of public notice.
(3) If the parties to the certification proceeding are
unable to reach a mutual written agreement on modifica-
tion of the terms and conditions of the certification, the
applicant may file a petition for modification with the de-
partment setting forth:
(a) The proposed modification;
(b) The factual reasons asserted for the modifica-
tion, and
(c) The anticipated additional environmental effects
of the proposed modification.


Ch. 403


(4) Petitions filed pursuant to subsection (3) shall be
disposed of in the same manner as an application but
with shortened time periods commensurate with the sig-
nificance of the modification requested.
sM .-- 1. ch 0e. S 16. oh 3222
403.532 Revocaon or suspension of certification.
-Any certification may be revoked or suspended:
(1) For any material false statement in the applica-
tion or in the supplemental or additional statements of
fact or studies required of the applicant when a true an-
swer would have warranted the board's refusal to rec-,
ommend a certification in the first instance.
(2) For failure to comply with the terms or conditions
of the certification.
(3) For violation of the provisions of this act or rules
or orders issued hereunder.
ISs.-l. 1. ch 5 6
403.533 Enforcement of compflance.-Failure to
obtain a certification, or to comply with the conditions
thereof, or to comply with this part shall constitute a vio-
lation of chapter 403.
mbM.-- l, ch 04R

4036 Superseded laws, regulations, and certifi-
calon power.-
(1) If any provision of this act is in conflict with any
other provision, limitation, or restriction which is now in
effect under any law of this state or any ordinance of a
local government, political subdivision, or municipality,
or any rule or regulation adopted thereunder, this act
shall control.
S(2) The state hereby preempts the certification of
transmission lines and transmission line corridors.
(3) The board shall have the power to adopt reason-
able procedural rules to carry out its duties under this
act and to give effect to the legislative intent that this
act provide an efficient, centrally coordinated, one-stop
permitting process.
Hbisy.-s 1. ch 065
403.537 Determination of need for transmission
lne; powers and dute.-
(1)(a) Upon request by an electric utility or upon its
own motion, the Florida Public Service Commission shall
schedule a public hearing, after notice, to determine the
need for a transmission line regulated by the Transmis-
sion Line Siting Act, as. 403.52-403.536. Such notice
shall be published at least 20 days before the date set
for the hearing and shall be published in newspapers of
general circulation, in the Florida Administrative Weekly,
by giving notice to counties and regional planning coun-
cils in whose jurisdiction the transmission line could be
placed, and by giving notice to any persons who have
requested to be placed on the mailing list of the commis-
sion for this purpose. Within 21 days after receipt of a
request for determination by an applcant, the commis-
sion shall set a date for the hearing. The hearing shall
be held pursuant to s. 350.01 within 45 days after the fil-
ing of the request, and a decision shall be rendered with-
in 60 days after such filing.
(b) In the determination of need, the commission
shall take into account the need for electric system reli-


I UNNIIIII&AL CMRO




-~l.~ ---1.,- hl;X 1: :~ ~~~~ _1 ~


Ch. 403


ENVIRONMENT


r.
Itt




.K


ability and integrity, the need for abundant, low-cost
electrical energy to assure the economic well-being of
the citizens of this state, the appropriate starting and
ending point of the line, and other matters within its juris-
diction deemed relevant to the determination of need.
(c) The determination by the commission of the
need for the transmission line, as defined in a.
403.522(15), is binding on all parties to any certification
proceeding pursuant to the Transmission Line Siting Act
and is a condition precedent to the conduct of the certifi-
cation hearing prescribed therein. An order entered pur-
suant to this section constitutes final agency action.
(2) The commission shall have the following powers
and duties:
(a) To adopt or amend reasonable procedural rules
to implement the provisions of this section.
(b) To prescribe the form, content, and necessary
supporting documentation and the required studies for
the determination of need.
(3) Any time limitation in this section may be altered
by the commission upon stipulation between the com-
mission and the applicant or for good cause shown by
any party
,MMy.-, 3. ch.8 5. l 13. ch 81131. a19. h ch
403.39 CertWlauon admisible In eaniait do-
main proeet rn's fees Mnd costs.-
(1) Certification pursuant to as. 403.52-403.536 shall
be admissible as evidence of public need and necessity
in proceedings under chapter 73 or chapter 74.
(2) No party may rely on this section or any provision
of chapter 73 or chapter 74 to request the award of attor-
ney's fees or costs incurred as a result of participation
in the certification proceeding.
Iomor.-9 2, ch 8M0. 20. ch d-222
PART III
INTERSTATE ENVIRONMENTAL
CONTROL COMPACT
403.60 Environmental Control Compact; execution au-
thorized.
40360 Enronmntl Control Compact; execution
authorzled.-The Governor on behalf of this state is
hereby authorized to execute a compact, in substantial-
ly the following form, with any one or more of the states
of the United States, and the Legislature hereby signi-
fies in advance its approval and ratification of such com-
pact:
MEMBER JURISDICTION.-The environmental com-
pact is entered into with aH jurisdictions legally joining
therein and enacted into law in the following form:
INTERSTATE ENVIRONMENTAL COMPACT
ARTICLE I
FINDINGS, PURPOSES AND RESERVATIONS OF
POWERS -
A Findings.-Signatory states hereby find and de-
clare
1. The environment of every state is affected with lo-
cal, state, regional and national interests and its protec-


AL CONTROL F.S. lW

lion, under appropriate arrangements for intergovern-
mental cooperation, is a public purpose of the respec-
live signatories.
2. Certain environmental pollution problems tran-
scend state boundaries and thereby become common
to adjacent states requiring cooperative efforts
3. The environment of each state is subject to the ef- "
fective control of the signatories, and coordinated, coop-
erative or joint exercise of control measures is in their
common interests.
B. Purposes.-The purposes of the signatories in
enacting this compact are:
1. To assist and participate in the national environ-
ment protection programs as set forth in federal legisia-
tion; to promote intergovernmental cooperation for multi-
state action relating to environmental protection through
interstate agreements; and to encourage cooperative
and coordinated environmental protection by the signa-
tories and the Federal Government;
2. To preserve and utilize the functions, powers and
duties of existing stale agencies of government to the .
maximum extent possible consistent with the purposes ,
of the compact.
C. Powers of the United States.-
1. Nothing contained in this compact shall impair, af-
fect or extend the constitutional authority of the United
States.
2. The signatories hereby recognize the power and
right of the Congress of the United States at any time
by any statute expressly enacted for that purpose to re-
vise the terms and conditions of its consent.
D. Powers of the states.-Nothing contained in this
compact shall impair or extend the constitutional author-
ity of any signatory state, nor shall the police powers of
any signatory state be affected except as expressly pro-
vided in a supplementary agreement under Article IV.
ARTICLE II
SHORT TITLE, DEFINITIONS. PURPOSES AND LIMI-
TATIONS.-
A. Short title.-This compact shall be known and
may be cited as the "Interstate Environmental Compact.'
B. Definitions.-For the purpose of this compact
and of any supplemental or concurring legislation enact-
ed pursuant or in relation hereto, except as may be oth-
erwise required by the context.
1. "State" shall mean any one of the 50 states of the
United States of America, the Commonwealth of Puerto
Rico and the Territory of the Virgin Islands, but shall not
include the District of Columbia.
2. Interstate environment pollution' shall mean any
pollution of a stream or body of water crossing or mark-
ing a state boundary, interstate air quality control region
designated by an appropriate federal agency or solid
waste collection and disposal district or program involv-
ing the jurisdiction or territories of more than one state
3 "Government" shall mean the governments of the
United States and the signatory states.
4 "Federal Government" shall mean the government
of the United States of America and any appropriate de
apartment. Instrumentality, agency, commission, bureau,




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs