The Florida Senate

403.524  Applicability and certification.--

(1)  The provisions of this act apply to each transmission line, except a transmission line certified pursuant to the Florida Electrical Power Plant Siting Act.

(2)  Except as provided in subsection (1), no construction 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 approval 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 Affairs or its predecessor agency has determined the utility to have vested development rights within the meaning of s. 380.05(18) or s. 380.06(20).

(c)  Transmission line development in which all construction is limited to established rights-of-way. Established rights-of-way include such rights-of-way for roads, highways, railroads, gas, water, oil, electricity, or sewage 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 October 1, 1983. For transmission line rights-of-way, established rights-of-way include rights-of-way created before October 1, 1983.

(d)  Transmission lines which are less than 15 miles in length or which do not 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 transmission line from other applicable permitting processes under other provisions of law or local government ordinances.

(4)  A utility shall notify the department in writing, prior 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.

History.--s. 1, ch. 80-65; s. 14, ch. 81-131; s. 38, ch. 81-167; s. 40, ch. 83-55; s. 5, ch. 83-222; s. 49, ch. 85-55; s. 29, ch. 90-331.