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The Florida Senate

2005 Florida Statutes

SECTION 517
Supplemental applications for sites certified for ultimate site capacity.
Section 403.517, Florida Statutes 2005

403.517  Supplemental applications for sites certified for ultimate site capacity.--

(1)(a)  The department shall adopt rules governing the processing of supplemental applications for certification of the construction and operation of electrical power plants to be located at sites which have been previously certified for an ultimate site capacity pursuant to this act. Supplemental applications shall be limited to electrical power plants using the fuel type previously certified for that site. The rules adopted pursuant to this section shall include provisions for:

1.  Prompt appointment of a designated administrative law judge.

2.  The contents of the supplemental application.

3.  Resolution of disputes as to the completeness and sufficiency of supplemental applications by the designated administrative law judge.

4.  Public notice of the filing of the supplemental applications.

5.  Time limits for prompt processing of supplemental applications.

6.  Final disposition by the board within 215 days of the filing of a complete supplemental application.

(b)  The time limits shall not exceed any time limitation governing the review of initial applications for site certification pursuant to this act, it being the legislative intent to provide shorter time limitations for the processing of supplemental applications for electrical power plants to be constructed and operated at sites which have been previously certified for an ultimate site capacity.

(c)  Any time limitation in this section or in rules adopted pursuant to this section may be altered by the designated administrative law judge upon stipulation between the department and the applicant, unless objected to by any party within 5 days after notice, or for good cause shown by any party. The parties to the proceeding shall adhere to the provisions of chapter 120 and this act in considering and processing such supplemental applications.

(2)  Supplemental applications shall be reviewed as provided in ss. 403.507-403.511, except that the time limits provided in this section shall apply to such supplemental applications.

(3)  The land use hearing requirements of s. 403.508(1) and (2) shall not be applicable to the processing of supplemental applications pursuant to this section so long as:

(a)  The previously certified ultimate site capacity is not exceeded; and

(b)  The lands required for the construction or operation of the electrical power plant which is the subject of the supplemental application are within the boundaries of the previously certified site.

(4)  For the purposes of this act, the term "ultimate site capacity" means the maximum generating capacity for a site as certified by the board.

History.--s. 14, ch. 76-76; s. 11, ch. 81-131; s. 34, ch. 81-169; s. 38, ch. 83-55; s. 22, ch. 90-331; s. 144, ch. 96-410.