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The Florida Senate

1999 Florida Statutes

403.5115  Notice; costs of proceeding.--

(1)  The following notices are to be published by the applicant:

(a)  A notice of the filing of a notice of intent under s. 403.5063, which shall be published within 21 days after the filing of the notice. The notice shall be published as specified by subsection (2), except that the newspaper notice shall be one-fourth page in size in a standard size newspaper or one-half page in size in a tabloid size newspaper.

(b)  A notice of filing of the application, which shall be published as specified in subsection (2), within 15 days after the application has been determined complete. Such notice shall give notice of the provisions of s. 403.511(1) and (2) and that the application constitutes a request for a federally required new source review or prevention of significant deterioration permit.

(c)  Notice of the land use hearing, which shall be published as specified in subsection (2), no later than 45 days before the hearing.

(d)  Notice of the certification hearing, which shall be published as specified in subsection (2), no later than 45 days before the hearing.

(e)  Notice of modification when required by the department, based on whether the requested modification of certification will significantly increase impacts to the environment or the public. Such notice shall be published as specified under subsection (2):

1.  Within 21 days after receipt of a request for modification, except that the newspaper notice shall be of a size as directed by the department commensurate with the scope of the modification.

2.  If a hearing is to be conducted in response to the request for modification, then notice shall be provided as specified in paragraph (d).

(f)  Notice of a supplemental application, which shall be published as follows:

1.  Notice of receipt of the supplemental application shall be published as specified in paragraph (b).

2.  Notice of the certification hearing shall be published as specified in paragraph (d).

(2)  Notices provided by the applicant shall be published in newspapers of general circulation within the county or counties in which the proposed electrical power plant will be located. The newspaper notices shall be at least one-half page in size in a standard size newspaper or a full page in a tabloid size newspaper and published in a section of the newspaper other than the legal notices section. These notices shall include a map generally depicting the project and all associated facilities corridors. A newspaper of general circulation shall be the newspaper which 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 outside the county, 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.

(3)  All notices published by the applicant shall be paid for by the applicant and shall be in addition to the application fee.

(4)  The department shall:

(a)  Publish in the Florida Administrative Weekly notices of the filing of the notice of intent; of the filing of the application; of the land use hearing; of the certification hearing; of the hearing before the board; and of stipulations, proposed agency action, or petitions for modification; and

(b)  Provide copies of those notices to any persons who have requested to be placed on the departmental mailing list for this purpose.

(5)  The applicant shall pay those expenses and costs associated with the conduct of the hearings and the recording and transcription of the proceedings.

History.--s. 16, ch. 90-331; s. 12, ch. 93-94.