Senate Bill sb1982
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Florida Senate - 2004 SB 1982
By Senator Posey
24-1564-04 See HB 689
1 A bill to be entitled
2 An act relating to electric transmission line
3 siting; amending s. 403.52, F.S.; changing the
4 short title to the "Florida Electric
5 Transmission Line Siting Act"; amending s.
6 403.521, F.S.; revising legislative intent;
7 amending s. 403.522, F.S.; revising
8 definitions; defining "licensee"; amending s.
9 403.523, F.S.; revising powers and duties of
10 the Department of Environmental Protection;
11 requiring the department to collect and process
12 fees, to prepare a project impact analysis, to
13 act as clerk for the siting board, and to
14 administer and manage the terms and conditions
15 of the certification order and supporting
16 documents and records; amending s. 403.524,
17 F.S.; revising provisions for applicability,
18 certification, and exemptions under the act;
19 requiring that the application contain the
20 starting point and ending point of a
21 transmission line specifically defined by the
22 applicant and verified by the commission;
23 revising provisions for notice by an electric
24 utility of its intent to construct an exempted
25 transmission line; amending s. 403.525, F.S.;
26 providing for powers and duties of the
27 administrative law judge designated by the
28 Division of Administrative Hearings to conduct
29 the required hearings; amending s. 403.5251,
30 F.S.; revising application procedures and
31 schedules; providing for the formal date of
1
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 certification application filing and
2 commencement of the certification review
3 process; requiring the department to prepare a
4 proposed schedule of dates for determination of
5 completeness and other significant dates to be
6 followed during the certification process;
7 providing for the formal date of application
8 distribution; requiring the applicant to file
9 notice of distribution and notice of filing of
10 the application; amending s. 403.5252, F.S.;
11 revising timeframes and procedures for
12 determination of completeness of the
13 application; requiring the department to
14 consult with affected agencies; revising
15 requirements for the department to file a
16 statement of its determination of completeness
17 with the Division of Administrative Hearings,
18 the applicant, and all parties within a certain
19 time after distribution of the application;
20 revising requirements for the applicant to file
21 a statement with the department, the division,
22 and all parties, if the department determines
23 the application is not complete; providing for
24 that statement to notify the department that
25 the information will not be provided; revising
26 timeframes and procedures for contests of the
27 determination by the department; providing for
28 parties to a hearing on the issue of
29 completeness; repealing s. 403.5253, F.S.,
30 relating to determination of sufficiency of
31 application or amendment to the application;
2
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 amending s. 403.526, F.S.; revising criteria
2 and procedures for preliminary statements of
3 issues, reports, and studies; revising
4 timeframes; requiring that the preliminary
5 statement of issues from each affected agency
6 be submitted to all parties; revising criteria
7 for the Department of Community Affairs'
8 report; requiring the Department of
9 Transportation to prepare an impact report;
10 providing for project impact reports from other
11 agencies; revising required content of the
12 reports; providing for notice of any agency
13 nonprocedural requirements not listed in the
14 application; providing for failure to provide
15 such notification; providing for a
16 recommendation for approval or denial of the
17 application; providing that receipt of an
18 affirmative determination of need be a
19 condition precedent to further processing of
20 the application; requiring the department to
21 prepare a project impact analysis to be filed
22 with the administrative law judge and served on
23 all parties within a certain timeframe;
24 amending s. 403.527, F.S.; revising procedures
25 and timeframes for the certification hearing
26 conducted by the administrative law judge;
27 revising provisions for notices and publication
28 of notices, public hearings held by local
29 governments, testimony at the public hearing
30 portion of the certification hearing, the order
31 of presentations at the hearing, consideration
3
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 of certain communications by the administrative
2 law judge, requiring the applicant to pay
3 certain expenses and costs, and requiring the
4 administrative law judge to issue a recommended
5 order disposing of the application; requiring
6 that certain notices be made in accordance with
7 specified requirements and within a certain
8 timeframe; specifying the Department of
9 Transportation as a party to the proceedings;
10 providing for the administrative law judge to
11 cancel the certification hearing and relinquish
12 jurisdiction to the department upon request by
13 the applicant or the department; requiring the
14 department and the applicant to publish notice
15 of such cancellation; providing for parties to
16 submit proposed recommended orders to the
17 department when the certification hearing has
18 been canceled; providing that the department
19 prepare a recommended order for final action by
20 the siting board when the hearing has been
21 canceled; amending s. 403.5271, F.S.; revising
22 procedures and timeframes for consideration of
23 proposed alternate corridors; revising notice
24 requirements; providing for notice of the
25 filing of the alternate corridor and revised
26 time schedules; providing for notice to
27 agencies newly affected by the proposed
28 alternate corridor; requiring the person
29 proposing the alternate corridor to provide all
30 data to the agencies within a certain
31 timeframe; providing for determination by the
4
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 department that the data is not complete;
2 providing for withdrawal of the proposed
3 alternate corridor upon such determination;
4 providing that agencies file reports with the
5 applicant and department which address the
6 proposed alternate corridor; providing that the
7 department file with the administrative law
8 judge, the applicant, and all parties a project
9 impact analysis of the proposed alternate
10 corridor; providing that the party proposing an
11 alternate corridor shall have the burden of
12 proof on the certifiability of the alternate
13 corridor; amending s. 403.5272, F.S.; revising
14 procedures for informational public meetings;
15 providing for informational public meetings
16 held by regional planning councils; revising
17 timeframes; amending s. 403.5275, F.S.;
18 revising provisions for amendment to the
19 application prior to certification; amending s.
20 403.529, F.S.; revising provisions for final
21 disposition of the application by the siting
22 board; providing for the administrative law
23 judge's or department's recommended order;
24 amending s. 403.531, F.S.; revising provisions
25 for conditions of certification; amending s.
26 403.5312, F.S.; requiring the applicant to file
27 notice of a certified corridor route with the
28 department; creating s. 403.5317, F.S.;
29 providing procedures for changes proposed by
30 the licensee after certification; requiring the
31 department to determine within a certain time
5
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 if the proposed change requires modification of
2 the conditions of certification; requiring
3 notice to the licensee, all agencies, and all
4 parties of changes that are approved as not
5 requiring modification of the conditions of
6 certification; creating s. 403.5363, F.S.;
7 requiring publication of certain notices by the
8 applicant, the proponent of an alternate
9 corridor, and the department; requiring the
10 department to adopt rules specifying the
11 content of such notices; amending s. 403.5365,
12 F.S.; revising application fees and the
13 distribution of fees collected; revising
14 procedures for reimbursement of local
15 governments and regional planning
16 organizations; repealing s. 403.5369, F.S.,
17 relating to application of the act to
18 applications prior to a certain date; amending
19 s. 403.537, F.S.; revising the schedule for
20 notice of a public hearing by the Public
21 Service Commission to determine the need for a
22 transmission line; amending ss. 373.441,
23 403.061, 403.0876, and 403.809, F.S.;
24 conforming terminology; providing an effective
25 date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Section 403.52, Florida Statutes, is
30 amended to read:
31
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 403.52 Popular name Short title.--Sections
2 403.52-403.5365 may be known by the popular name cited as the
3 "Florida Electric Transmission Line Siting Act."
4 Section 2. Section 403.521, Florida Statutes, is
5 amended to read:
6 403.521 Legislative intent.--The legislative intent of
7 this act is to establish a centralized and coordinated
8 licensing permitting process for the location of electric
9 transmission line corridors and the construction and
10 maintenance of electric transmission lines, which necessarily
11 involves several broad interests of the public addressed
12 through the subject matter jurisdiction of several agencies.
13 The Legislature recognizes that electric transmission lines
14 will have an effect upon electric power system reliability,
15 the environment, land use, and the welfare of the population.
16 Recognizing the need to ensure electric power system
17 reliability and integrity, and in order to meet electric
18 electrical energy needs in an orderly and timely fashion, the
19 centralized and coordinated licensing permitting process
20 established by this act is intended to further the legislative
21 goal of ensuring through available and reasonable methods that
22 the location of transmission line corridors and the
23 construction and maintenance of transmission lines produce
24 minimal adverse effects on the environment and public health,
25 safety, and welfare while not unduly conflicting with the
26 goals established by the applicable local comprehensive plan.
27 It is the intent of this act to fully balance the need for
28 transmission lines with the broad interests of the public in
29 order to effect a reasonable balance between the need for the
30 facility as a means of providing reliable, economically
31 efficient electric abundant low-cost electrical energy and the
7
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 impact on the public and the environment resulting from the
2 location of the transmission line corridor and the
3 construction and maintenance of the transmission lines. The
4 Legislature intends that the provisions of chapter 120 apply
5 to this act and to proceedings pursuant to it except as
6 otherwise expressly exempted by other provisions of this act.
7 Section 3. Section 403.522, Florida Statutes, is
8 amended to read:
9 403.522 Definitions relating to the Florida Electric
10 Transmission Line Siting Act.--As used in this act:
11 (1) "Act" means the Florida Electric Transmission Line
12 Siting Act.
13 (2) "Agency," as the context requires, means an
14 official, officer, commission, authority, council, committee,
15 department, division, bureau, board, section, or other unit or
16 entity of government, including a county, municipality, or
17 other regional or local governmental entity.
18 (3) "Amendment" means a material change in information
19 provided by the applicant to the application for certification
20 made after the initial application filing.
21 (4) "Applicant" means any electric utility which
22 applies for certification pursuant to the provisions of this
23 act.
24 (5) "Application" means the documents required by the
25 department to be filed to initiate and support a certification
26 review and evaluation, including the initial document filing,
27 amendments, and responses to requests from the department for
28 additional data and information proceeding. An electric
29 utility may file a comprehensive application encompassing all
30 or a part of one or more proposed transmission lines.
31
8
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 (6) "Board" means the Governor and Cabinet sitting as
2 the siting board.
3 (7) "Certification" means the approval by the board of
4 a corridor proper for certification pursuant to subsection
5 (10) and the construction and maintenance of transmission
6 lines within such corridor with such changes or conditions as
7 the board deems appropriate. Certification shall be evidenced
8 by a written order of the board.
9 (8) "Commission" means the Florida Public Service
10 Commission.
11 (9) "Completeness" means that the application has
12 addressed all applicable sections of the prescribed
13 application format and, but does not mean that those sections
14 are sufficient in comprehensiveness of data or in quality of
15 information provided to allow the department to determine
16 whether the application provides the reviewing agencies
17 adequate information to prepare the reports required by s.
18 403.526.
19 (10) "Corridor" means the proposed area within which a
20 transmission line right-of-way, including maintenance and
21 access roads, is to be located. The width of the corridor
22 proposed for certification by an applicant or other party, at
23 the option of the applicant, may be the width of the
24 transmission line right-of-way, or a wider boundary, not to
25 exceed a width of one-half 1 mile. The area within the
26 corridor in which a right-of-way may be located may be further
27 restricted by a condition of certification. After all property
28 interests required for the transmission line right-of-way have
29 been acquired by the applicant, the boundaries of the area
30 certified shall narrow to only that land within the boundaries
31 of the transmission line right-of-way, maintenance roads, and
9
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 access roads. The corridors proper for certification shall be
2 those addressed in the application, in amendments to the
3 application filed pursuant to s. 403.5275, and in notices of
4 acceptance of proposed alternate corridors filed by an
5 applicant and the department pursuant to s. 403.5271 for which
6 the required sufficient information for the preparation of
7 agency supplemental reports was filed.
8 (11) "Department" means the Department of
9 Environmental Protection.
10 (12) "Electric utility" means cities and towns,
11 counties, public utility districts, regulated electric
12 companies, electric cooperatives, regional transmission
13 organizations, independent transmission system operators, or
14 similar entities created and approved pursuant to the Federal
15 Energy Regulatory Commission's Order 2000, and joint operating
16 agencies, or combinations thereof, engaged in, or authorized
17 to engage in, the business of generating, transmitting, or
18 distributing electric energy.
19 (13) "License" means a franchise, permit,
20 certification, registration, charter, comprehensive plan
21 amendment, development order, or permit as defined in chapters
22 163 and 380, or similar form of authorization required by law,
23 but it does not include a license required primarily for
24 revenue purposes when issuance of the license is merely a
25 ministerial act.
26 (14) "Licensee" means an applicant that has obtained a
27 certification order for the subject project.
28 (15)(14) "Local government" means a municipality or
29 county in the jurisdiction of which the project is proposed to
30 be located.
31
10
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 (16)(15) "Modification" means any change in the
2 certification order after issuance, including a change in the
3 conditions of certification.
4 (17)(16) "Nonprocedural requirements of agencies"
5 means any agency's regulatory requirements established by
6 statute, rule, ordinance, or comprehensive plan, excluding any
7 provisions prescribing forms, fees, procedures, or time limits
8 for the review or processing of information submitted to
9 demonstrate compliance with such regulatory requirements.
10 (18)(17) "Person" means an individual, partnership,
11 joint venture, private or public corporation, association,
12 firm, public service company, political subdivision, municipal
13 corporation, government agency, public utility district, or
14 any other entity, public or private, however organized.
15 (19)(18) "Preliminary statement of issues" means a
16 listing and explanation of those issues within the agency's
17 jurisdiction which are of major concern to the agency in
18 relation to the proposed electric electrical transmission line
19 corridor.
20 (20)(19) "Regional planning council" means a regional
21 planning council as defined in s. 186.503(4) in the
22 jurisdiction of which the project is proposed to be located.
23 (20) "Sufficiency" means that the application is not
24 only complete but that all sections are adequate in the
25 comprehensiveness of data and in the quality of information
26 provided to allow the department to determine whether the
27 application provides the reviewing agencies adequate
28 information to prepare the reports authorized by s. 403.526.
29 (21) "Transmission line" means all structures, all
30 maintenance and access roads, and all other facilities that
31 need to be constructed, operated, or maintained for the
11
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 purpose of conveying electric power any electrical
2 transmission line extending from, but not including, an
3 existing or proposed substation or power plant to, but not
4 including, an existing or proposed transmission network or
5 rights-of-way or substation to which the applicant intends to
6 connect which defines the end of the proposed project and
7 which is designed to operate at 230 kilovolts or more. The
8 starting point and ending point of a transmission line must be
9 specifically defined by the applicant and must be verified by
10 the commission in its determination of need. A transmission
11 line includes structures and maintenance and access roads that
12 need to be constructed for the project to become operational.
13 The transmission line may include, at the applicant's option,
14 any proposed terminal or intermediate substations or
15 substation expansions necessary to serve the transmission
16 line.
17 (22) "Transmission line right-of-way" means land
18 necessary for the construction and maintenance of a
19 transmission line. The typical width of the right-of-way shall
20 be identified in the application. The right-of-way shall be
21 located within the certified corridor and shall be identified
22 by the applicant subsequent to certification in documents
23 filed with the department prior to construction.
24 (23) "Water management district" means a water
25 management district created pursuant to chapter 373 in the
26 jurisdiction of which the project is proposed to be located.
27 Section 4. Section 403.523, Florida Statutes, is
28 amended to read:
29 403.523 Department of Environmental Protection; powers
30 and duties.--The department shall have the following powers
31 and duties:
12
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 (1) To adopt procedural rules pursuant to ss.
2 120.536(1) and 120.54 to implement the provisions of this act
3 and to adopt or amend rules to implement the provisions of
4 subsection (10).
5 (2) To prescribe the form and content of the public
6 notices and the form, content, and necessary supporting
7 documentation, and any required studies, for certification
8 applications. All such data and studies shall be related to
9 the jurisdiction of the agencies relevant to the application.
10 (3) To receive applications for transmission line and
11 corridor certifications and initially determine the
12 completeness and sufficiency thereof.
13 (4) To make or contract for studies of certification
14 applications. All such studies shall be related to the
15 jurisdiction of the agencies relevant to the application. For
16 studies in areas outside the jurisdiction of the department
17 and in the jurisdiction of another agency, the department may
18 initiate such studies, but only with the consent of such
19 agency.
20 (5) To administer the processing of applications for
21 certification and ensure that the applications are processed
22 as expeditiously as possible.
23 (6) To collect and process require such fees as
24 allowed by this act.
25 (7) To prepare a report and a project impact written
26 analysis as required by s. 403.526.
27 (8) To prescribe the means for monitoring the effects
28 arising from the location of the transmission line corridor
29 and the construction and maintenance of the transmission lines
30 to assure continued compliance with the terms of the
31 certification.
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 (9) To make a determination of acceptability of any
2 alternate corridor proposed for consideration pursuant to s.
3 403.5271.
4 (10) To set requirements that reasonably protect the
5 public health and welfare from the electric and magnetic
6 fields of transmission lines for which an application is filed
7 pursuant to after the effective date of this act.
8 (11) To act as clerk for the siting board.
9 (12) To administer and manage the terms and conditions
10 of the certification order and supporting documents and
11 records for the life of the facility.
12 (11) To present rebuttal evidence on any issue
13 properly raised at the certification hearing.
14 Section 5. Section 403.524, Florida Statutes, is
15 amended to read:
16 403.524 Applicability; and certification;
17 exemptions.--
18 (1) The provisions of this act apply to each
19 transmission line as defined herein, except a transmission
20 line certified pursuant to the Florida Electrical Power Plant
21 Siting Act. In the application, the starting point and ending
22 point of a transmission line must be specifically defined by
23 the applicant and must be verified by the commission in its
24 determination of need.
25 (2) Except as provided in subsection (1), no
26 construction of any transmission line may be undertaken
27 without first obtaining certification under this act, but the
28 provisions of this act do not apply to:
29 (a) Transmission lines for which development approval
30 has been obtained pursuant to chapter 380.
31
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 (b) Transmission lines which have been exempted by a
2 binding letter of interpretation issued under s. 380.06(4), or
3 in which the Department of Community Affairs or its
4 predecessor agency has determined the utility to have vested
5 development rights within the meaning of s. 380.05(18) or s.
6 380.06(20).
7 (c) Transmission line development in which all
8 construction is limited to established rights-of-way.
9 Established rights-of-way include such rights-of-way for which
10 all necessary property interests are acquired or that are
11 created by state or local government entities to be used for
12 roads, highways, railroads, gas, water, oil, electricity, or
13 sewage and any other public purpose rights-of-way. For
14 transmission line rights-of-way, established rights-of-way
15 must have been created at least 5 years prior to the start of
16 construction of the proposed transmission line. Except for
17 transmission line rights-of-way, established rights-of-way
18 include rights-of-way created before or after October 1, 1983.
19 For transmission line rights-of-way, established rights-of-way
20 include rights-of-way created before October 1, 1983.
21 (d) Transmission lines which are less than 15 miles in
22 length or which do not cross a county line, unless the
23 applicant has elected to apply for certification under the
24 act.
25 (3) The exemption of a transmission line under this
26 act does not constitute an exemption for the transmission line
27 from other applicable permitting processes under other
28 provisions of law or local government ordinances.
29 (4) A utility shall notify the department in writing,
30 prior to the start of construction, of the electric utility's
31 its intent to construct a transmission line exempted pursuant
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 to this section. Such notice shall be only for information
2 purposes, and no action by the department shall be required
3 pursuant to such notice. Notice may be included in any
4 demonstration filed with the department prior to the start of
5 construction that a new transmission line complies with the
6 applicable electric and magnetic field standards.
7 Section 6. Section 403.525, Florida Statutes, is
8 amended to read:
9 403.525 Administrative law judge; appointment; powers
10 and duties of administrative law judge.--
11 (1) Within 7 days after receipt of an application,
12 whether complete or not, the department shall request the
13 Division of Administrative Hearings to designate an
14 administrative law judge to conduct the hearings required by
15 this act. The division director shall designate an
16 administrative law judge to conduct the hearings required by
17 this act within 7 days after receipt of the request from the
18 department. Whenever practicable, the division director shall
19 assign an administrative law judge who has had prior
20 experience or training in this type of certification
21 proceeding. Upon being advised that an administrative law
22 judge has been designated, the department shall immediately
23 file a copy of the application and all supporting documents
24 with the administrative law judge, who shall docket the
25 application.
26 (2) The administrative law judge shall have all powers
27 and duties granted to administrative law judges by chapter 120
28 and by the laws and rules of the department.
29 Section 7. Section 403.5251, Florida Statutes, is
30 amended to read:
31 403.5251 Distribution of application; schedules.--
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 (1) The formal date of certification application
2 filing and commencement of the certification review process
3 shall be the date on which the applicant has submitted to the
4 department copies of the certification application in a
5 quantity identified by rule and the certification application
6 fee specified under s. 403.5365. One copy of the application
7 shall be submitted in electronic format.
8 (2) Within 7 days after the filing of an application,
9 the department shall provide the applicant and the Division of
10 Administrative Hearings the names and addresses of those
11 affected or other agencies entitled to notice and copies of
12 the application and any amendments.
13 (3)(2) Within 15 7 days after the formal date of the
14 application filing completeness has been determined, the
15 department shall prepare a proposed schedule of dates for
16 determination of completeness, submission of statements of
17 issues, determination of sufficiency, and submittal of final
18 reports, from affected and other agencies and other
19 significant dates to be followed during the certification
20 process, including dates for filing notices of appearances to
21 be a party pursuant to s. 403.527(3)(4). This schedule shall
22 be provided by the department to the applicant, the
23 administrative law judge, and the agencies identified pursuant
24 to subsection (2) (1).
25 (4)(3) Within 15 7 days after the filing of the
26 application completeness has been determined, the applicant
27 shall distribute copies of the application to all agencies
28 identified by the department pursuant to subsection (2) (1).
29 The applicant shall file a notice that the application has
30 been distributed to the administrative law judge and the
31 department. The formal date of the distribution of the
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Florida Senate - 2004 SB 1982
24-1564-04 See HB 689
1 application shall be the date on which such notice is filed.
2 Copies of changes and amendments to the application shall be
3 timely distributed by the applicant to all agencies and
4 parties who have received a copy of the application.
5 (5) Notice of the filing of the application shall be
6 made in accordance with the requirements of s. 403.5363 by the
7 applicant no later than 21 days after the application filing.
8 Section 8. Section 403.5252, Florida Statutes, is
9 amended to read:
10 403.5252 Determination of completeness.--
11 (1)(a) The department shall consult with the affected
12 agencies and may include their recommendations on the
13 completeness of the application. Such agencies shall submit to
14 the department recommendations on the completeness of the
15 application within 30 days after the distribution of the
16 application.
17 (b) Within 45 15 days after distribution receipt of an
18 application, the department shall file a statement with the
19 Division of Administrative Hearings, and with the applicant,
20 and with all parties declaring its position with regard to the
21 completeness, not the sufficiency, of the application.
22 (2)(1) If the department declares the application to
23 be incomplete, the applicant, within 15 days after the filing
24 of the statement by the department, shall file with the
25 Division of Administrative Hearings, and with the department,
26 and with all parties a statement:
27 (a) Agreeing with the statement of the department and
28 withdrawing the application;
29 (b) Agreeing with the statement of the department and
30 agreeing to render amend the application complete without
31 withdrawing it by filing additional information necessary to
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Florida Senate - 2004 SB 1982
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1 make the application complete. The time schedules shall be
2 tolled as of the date of the determination that the
3 application is not complete, referencing a complete
4 application under this act shall not commence until the
5 application is determined complete; or
6 (c) Notifying the department that the information will
7 not be supplied, in which case the application shall be
8 processed as filed; or
9 (d)(c) Contesting the statement of the department.
10 (3)(a)(2) If the applicant contests the determination
11 by the department that an application is incomplete, the
12 administrative law judge shall schedule a hearing on the
13 statement of completeness. The hearing shall be held as
14 expeditiously as possible, but not later than 30 days after
15 the filing of the statement by the department. The
16 administrative law judge shall render a decision within 10
17 days after the hearing.
18 (b) Parties to a hearing on the issue of completeness
19 shall include the applicant, the department, and any agency
20 that has jurisdiction over the matter in dispute. Any
21 substantially affected person who wishes to become a party to
22 the completeness hearing shall file a motion no later than 10
23 days prior to the date of the hearing.
24 (c)(a) If the administrative law judge determines that
25 the application was not complete as filed, the applicant shall
26 withdraw the application or make such additional submittals as
27 necessary to complete it. The time schedules referencing a
28 complete application under this act shall not commence until
29 the application is determined complete.
30 (d)(b) If the administrative law judge determines that
31 the application was complete at the time it was declared
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Florida Senate - 2004 SB 1982
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1 incomplete filed, the time schedules referencing a complete
2 application under this act shall commence upon such
3 determination.
4 Section 9. Section 403.5253, Florida Statutes, is
5 repealed.
6 Section 10. Section 403.526, Florida Statutes, is
7 amended to read:
8 403.526 Preliminary statements of issues, reports,
9 project impact analyses, and studies.--
10 (1) Each affected agency which received an application
11 in accordance with s. 403.5251(4)(3) shall submit a
12 preliminary statement of issues to the department and all
13 parties the applicant no later than 15 60 days after the
14 certification application has been determined to be complete
15 distribution of the complete application. Such statements of
16 issues shall be made available to each local government for
17 use as information for public meetings pursuant to s.
18 403.5272. The failure to raise an issue in this preliminary
19 statement of issues shall not preclude the issue from being
20 raised in the agency's report.
21 (2)(a) The following affected agencies shall prepare
22 reports as provided below and shall submit them to the
23 department and the applicant no later than 60 within 90 days
24 after the certification application has been determined to be
25 complete distribution of the complete application:
26 1. The department shall prepare a report as to the
27 impact of each proposed transmission line or corridor as it
28 relates to matters within its jurisdiction.
29 2. Each water management district in the jurisdiction
30 of which a proposed transmission line or corridor is to be
31
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1 located shall prepare a report as to the impact on water
2 resources and other matters within its jurisdiction.
3 3. The Department of Community Affairs shall prepare a
4 report containing recommendations which address the impact
5 upon the public of the proposed transmission line or corridor,
6 based on the degree to which the proposed transmission line or
7 corridor is consistent with the applicable portions of the
8 state comprehensive plan, emergency management, and other
9 matters within its jurisdiction. The Department of Community
10 Affairs may also comment on the consistency of the proposed
11 transmission line or corridor with applicable strategic
12 regional policy plans or local comprehensive plans and land
13 development regulations.
14 4. The Fish and Wildlife Conservation Commission shall
15 prepare a report as to the impact of each proposed
16 transmission line or corridor on fish and wildlife resources
17 and other matters within its jurisdiction.
18 5. Each local government shall prepare a report as to
19 the impact of each proposed transmission line or corridor on
20 matters within its jurisdiction, including the consistency of
21 the proposed transmission line or corridor with all applicable
22 local ordinances, regulations, standards, or criteria that
23 apply to the proposed transmission line or corridor, including
24 local comprehensive plans, zoning regulations, land
25 development regulations, and any applicable local
26 environmental regulations adopted pursuant to s. 403.182 or by
27 other means. No change by the responsible local government or
28 local agency in local comprehensive plans, zoning ordinances,
29 or other regulations made after the date required for the
30 filing of the local government's report required by this
31 section shall be applicable to the certification of the
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1 proposed transmission line or corridor unless the
2 certification is denied or the application is withdrawn.
3 6. Each regional planning council shall present a
4 report containing recommendations that address the impact upon
5 the public of the proposed transmission line or corridor based
6 on the degree to which the transmission line or corridor is
7 consistent with the applicable provisions of the strategic
8 regional policy plan adopted pursuant to chapter 186 and other
9 impacts of each proposed transmission line or corridor on
10 matters within its jurisdiction.
11 7. The Department of Transportation shall prepare a
12 report as to the impact of the proposed transmission line or
13 corridor on roads, railroads, airports, aeronautics, seaports,
14 and other matters within its jurisdiction.
15 8. Any other agency within the jurisdiction of which
16 the proposed transmission line and corridor would be located
17 may prepare a report addressing the impact of the proposed
18 transmission line or corridor on matters within that agency's
19 jurisdiction.
20 (b) Each report shall contain:
21 1. A notice of any nonprocedural requirements not
22 specifically listed in the application from which a variance,
23 exemption, exception, or other relief is necessary in order
24 for the board to certify any corridor proposed for
25 certification. Failure of such notification shall be treated
26 as a waiver from the nonprocedural requirements of that
27 agency.
28 2. A recommendation for approval or denial of the
29 application.
30 3. the information on variances required by s.
31 403.531(2) and Proposed conditions of certification on matters
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1 within the jurisdiction of each agency. For each condition
2 proposed by an agency, the agency shall list the specific
3 statute, rule, or ordinance, as applicable, which authorizes
4 the proposed condition.
5 (c) Each reviewing agency shall initiate the
6 activities required by this section no later than 15 days
7 after the complete application is distributed. Each agency
8 shall keep the applicant and the department informed as to the
9 progress of its studies and any issues raised thereby.
10 (d) Receipt of an affirmative determination of need by
11 the submittal deadline for agency reports under paragraph (a)
12 shall be a condition precedent to further processing of the
13 application.
14 (3) The department shall prepare a project impact
15 written analysis which contains a compilation of agency
16 reports and summaries of the material contained therein which
17 shall be filed with the administrative law judge and served on
18 all parties no later than 90 135 days after the determination
19 that the application is complete application has been
20 distributed to the affected agencies, and which shall include:
21 (a) The studies and reports required by this section
22 and s. 403.537.
23 (b) Comments received from any other agency or person.
24 (c) The recommendation of the department as to the
25 disposition of the application, of variances, exemptions,
26 exceptions, or other relief identified by any party, and of
27 any proposed conditions of certification which the department
28 believes should be imposed.
29 (4) The failure of any agency to submit a preliminary
30 statement of issues or a report, or to submit its preliminary
31 statement of issues or report within the allowed time, shall
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1 not be grounds for the alteration of any time limitation in
2 this act pursuant to s. 403.528. Neither the failure to submit
3 a preliminary statement of issues or a report nor the
4 inadequacy of the preliminary statement of issues or report
5 shall be grounds to deny or condition certification.
6 Section 11. Section 403.527, Florida Statutes, is
7 amended to read:
8 403.527 Certification hearing; Notice, proceedings,
9 parties, participants.--
10 (1)(a) No later than 15 days after an application has
11 been determined complete, the applicant shall arrange for
12 publication of a notice of the application and of the
13 proceedings required by this act. Such notice shall give
14 notice of the provisions of s. 403.531(1) and (2).
15 (b) The applicant shall arrange for publication of a
16 notice of the certification hearing and other public hearings
17 provided for in this section and notice of the deadline for
18 filing of notice of intent to be a party. Such notices shall
19 be published at least 80 days before the date set for the
20 hearing.
21 (c) The applicant shall arrange for publication of a
22 reminder notice in the newspapers specified in paragraph (d)
23 no more than 10 days prior to the certification hearing,
24 reminding the public of the date and location of the hearing.
25 This notice shall not constitute a point of entry for
26 intervention in the proceeding.
27 (d) Notices to be published by the applicant shall be
28 published in newspapers of general circulation within counties
29 crossed by the transmission line corridors proper for
30 certification. The required newspaper notices, other than the
31 reminder notice, shall be one-half page in size in a standard
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1 size newspaper or a full page in a tabloid size newspaper and
2 published in a section of the newspaper other than the legal
3 notices section. These notices shall include a map generally
4 depicting all transmission corridors proper for certification.
5 A newspaper of general circulation shall be the newspaper
6 within a county crossed by a transmission line corridor proper
7 for certification which newspaper has the largest daily
8 circulation in that county and has its principal office in
9 that county. If the newspaper with the largest daily
10 circulation has its principal office outside the county, then
11 the notices shall appear in both the newspaper having the
12 largest circulation in that county and in a newspaper
13 authorized to publish legal notices in that county.
14 (e) The department shall publish in the Florida
15 Administrative Weekly notices of the application; of the
16 certification hearing; of the hearing before the board; and of
17 stipulations, proposed agency action, or petitions for
18 modification.
19 (f) The department shall adopt rules specifying the
20 content of notices required by this section. All notices
21 published by the applicant shall be paid for by the applicant
22 and shall be in addition to the application fee.
23 (1)(a)(2) No later than 125 185 days after the
24 application has been determined complete receipt of a complete
25 application by the department, the administrative law judge
26 shall conduct a certification hearing pursuant to ss. 120.569
27 and 120.57 at a central location in proximity to the proposed
28 transmission line or corridor.
29 (b) One public hearing where members of the public who
30 are not parties to the certification hearing may testify shall
31
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1 be held within the boundaries of each county, at the option of
2 any local government.
3 1. The local government shall notify the
4 administrative law judge and all parties not later than 40 50
5 days after the application has been determined receipt of a
6 complete application as to whether the local government wishes
7 to have such a public hearing. The local government shall be
8 responsible for determining the location of the public
9 hearing.
10 2. Within 5 days after of such notification, the
11 administrative law judge shall determine the date of such
12 public hearing, which shall be held before or during the
13 certification hearing. In the event two or more local
14 governments within one county request such a public hearing,
15 the hearing shall be consolidated so that only one such public
16 hearing is held in any county. The location of a consolidated
17 hearing shall be determined by the administrative law judge.
18 3. If a local government does not request a public
19 hearing within 40 50 days after the application has been
20 determined receipt of a complete application, persons residing
21 within the jurisdiction of such local government may testify
22 at the public hearing portion of the certification hearing.
23 (c) The order of presentation at the certification
24 hearing, unless otherwise changed by the administrative law
25 judge to ensure the orderly presentation of witnesses and
26 evidence, shall be:
27 1. The applicant.
28 2. The department.
29 3. State agencies.
30 4. Regional agencies, including regional planning
31 councils and water management districts.
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1 5. Local governments.
2 6. Other parties.
3 (d) When appropriate, any person may be given an
4 opportunity to present oral or written communications to the
5 administrative law judge. If the administrative law judge
6 proposes to consider such communications, all parties shall be
7 given an opportunity to cross-examine, challenge, or rebut
8 such communications.
9 (e) The applicant shall pay those expenses and costs
10 associated with the conduct of the hearings and the recording
11 and transcription of the proceedings.
12 (2) Notice of the certification hearing and other
13 public hearings provided for in this section and notice of the
14 deadline for filing of notice of intent to be a party shall be
15 made in accordance with the requirements of s. 403.5363. Such
16 notices shall be published at least 65 days before the date
17 set for the certification hearing.
18 (3)(a) At the conclusion of the certification hearing,
19 the administrative law judge shall, after consideration of all
20 evidence of record, issue a recommended order disposing of the
21 application no later than 60 days after the transcript of the
22 certification hearing and the public hearings is filed with
23 the Division of Administrative Hearings.
24 (b) In the event the administrative law judge fails to
25 issue a recommended order within 60 days after the filing of
26 the hearing transcript, the administrative law judge shall
27 submit a report to the board with a copy to all parties within
28 60 days after the filing of the hearing transcript to advise
29 the board of the reason for the delay in the issuance of the
30 recommended order and of the date by which the recommended
31 order will be issued.
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1 (3)(4)(a) Parties to the proceeding shall be:
2 1. The applicant.
3 2. The department.
4 3. The commission.
5 4. The Department of Community Affairs.
6 5. The Fish and Wildlife Conservation Commission.
7 6. The Department of Transportation.
8 7.6. Each water management district in the
9 jurisdiction of which the proposed transmission line or
10 corridor is to be located.
11 8.7. The local government.
12 9.8. The regional planning council.
13 (b) Any party listed in paragraph (a), other than the
14 department or the applicant, may waive its right to
15 participate in these proceedings. If any listed party fails to
16 file a notice of its intent to be a party on or before the
17 30th day prior to the certification hearing, such party shall
18 be deemed to have waived its right to be a party unless its
19 participation would not prejudice the rights of any party to
20 the proceeding.
21 (c) Notwithstanding the provisions of chapter 120 to
22 the contrary, upon the filing with the administrative law
23 judge of a notice of intent to be a party by an agency or
24 corporation or association described in subparagraphs 1. and
25 2. or a petition for intervention by a person described in
26 subparagraph 3. no later than 30 days prior to the date set
27 for the certification hearing, the following shall also be
28 parties to the proceeding:
29 1. Any agency not listed in paragraph (a) as to
30 matters within its jurisdiction.
31
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1 2. Any domestic nonprofit corporation or association
2 formed, in whole or in part, to promote conservation of
3 natural beauty; to protect the environment, personal health,
4 or other biological values; to preserve historical sites; to
5 promote consumer interests; to represent labor, commercial, or
6 industrial groups; or to promote comprehensive planning or
7 orderly development of the area in which the proposed
8 transmission line or corridor is to be located.
9 3. Any person whose substantial interests are affected
10 and being determined by the proceeding.
11 (d) Any agency whose properties or works may be
12 affected shall be made a party upon the request of the agency
13 or any party to this proceeding.
14 (4)(a) At the conclusion of the certification hearing,
15 the administrative law judge shall, after consideration of all
16 evidence of record, issue a recommended order disposing of the
17 application no later than 45 days after the transcript of the
18 certification hearing and the public hearings is filed with
19 the Division of Administrative Hearings.
20 (b) In the event the administrative law judge fails to
21 issue a recommended order within 45 days after the filing of
22 the hearing transcript, the administrative law judge shall
23 submit a report to the siting board with a copy to all parties
24 within 60 days after the filing of the hearing transcript to
25 advise the siting board of the reason for the delay in the
26 issuance of the recommended order and of the date by which the
27 recommended order will be issued.
28 (5)(a) No later than 25 days prior to the conduct of
29 the certification hearing, the department or the applicant may
30 request that the administrative law judge cancel the
31 certification hearing and relinquish jurisdiction to the
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1 department if all parties to the proceeding stipulate that
2 there are no disputed issues of fact to be raised at the
3 certification hearing.
4 (b) The administrative law judge shall issue an order
5 granting or denying the request within 5 days.
6 (c) If the administrative law judge grants the
7 request, no later than 7 days prior to the date of the
8 originally scheduled certification hearing, the department and
9 the applicant shall publish notices of the cancellation of the
10 certification hearing in accordance with s. 403.5363.
11 (d) If the administrative law judge grants the
12 request, within 30 days after the administrative law judge's
13 order relinquishing jurisdiction, the department shall prepare
14 a recommended order, including proposed conditions of
15 certification, for final action by the siting board. Parties
16 may submit proposed recommended orders to the department no
17 later than 10 days after the administrative law judge issues
18 his or her order relinquishing jurisdiction.
19 (5) When appropriate, any person may be given an
20 opportunity to present oral or written communications to the
21 administrative law judge. If the administrative law judge
22 proposes to consider such communications, all parties shall be
23 given an opportunity to cross-examine or challenge or rebut
24 such communications.
25 (6) The administrative law judge shall have all powers
26 and duties granted to administrative law judges by chapter 120
27 and by the laws and rules of the department, including the
28 authority to resolve disputes over the completeness or
29 sufficiency of an application for certification.
30 (7) The order of presentation at the certification
31 hearing, unless otherwise changed by the administrative law
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1 judge to ensure the orderly presentation of witnesses and
2 evidence, shall be:
3 (a) The applicant.
4 (b) The department.
5 (c) State agencies.
6 (d) Regional agencies, including regional planning
7 councils and water management districts.
8 (e) Local governments.
9 (f) Other parties.
10 (8) The applicant shall pay those expenses and costs
11 associated with the conduct of the hearings and the recording
12 and transcription of the proceedings.
13 Section 12. Subsections (1) and (3) of section
14 403.5271, Florida Statutes, are amended to read:
15 403.5271 Alternate corridors.--
16 (1) No later than 50 days prior to the originally
17 scheduled certification hearing, any party may propose
18 alternate transmission line corridor routes for consideration
19 pursuant to the provisions of this act.
20 (a) A notice of any such proposed alternate corridor
21 shall be filed with the administrative law judge, all parties,
22 and any local governments in whose jurisdiction the alternate
23 corridor is proposed. Such filing shall include the most
24 recent United States Geological Survey 1:24,000 quadrangle
25 maps specifically delineating the corridor boundaries, a
26 description of the proposed corridor, and a statement of the
27 reasons the proposed alternate corridor should be certified.
28 (b)1. Within 7 days after receipt of such notice, the
29 applicant and the department shall file with the
30 administrative law judge and all parties a notice of
31 acceptance or rejection of a proposed alternate corridor for
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1 consideration. If the alternate corridor is rejected either by
2 the applicant or the department, the certification hearing and
3 the public hearings shall be held as scheduled. If both the
4 applicant and the department accept a proposed alternate
5 corridor for consideration, the certification hearing and the
6 public hearings shall be rescheduled, if necessary.
7 2. If rescheduled, the certification hearing shall be
8 held no more than 100 90 days after the previously scheduled
9 certification hearing, unless additional time is needed due to
10 the alternate corridor crossing a local government
11 jurisdiction not previously affected, in which case the
12 remainder of the schedule listed below shall be appropriately
13 adjusted by the administrative law judge to allow that local
14 government to prepare a report pursuant to s. 403.526(2)(a)5.
15 (c) Notice of the filing of the alternate, of the
16 revised time schedules, of the deadline for newly affected
17 persons and agencies to file notice of intent to become a
18 party, of the rescheduled hearing date, and of the proceedings
19 pursuant to s. 403.527(1)(b) and (c) shall be published in
20 accordance with the requirements of s. 403.5363 at least 65
21 days prior to the rescheduled hearing.
22 (d) Within 21 25 days after acceptance of an alternate
23 corridor by the department and the applicant, the party
24 proposing an alternate corridor shall have the burden of
25 providing all additional data to the agencies listed in s.
26 403.526(2), and newly affected agencies, necessary for the
27 preparation of a supplementary report on the proposed
28 alternate corridor.
29 (e)1. Reviewing agencies shall advise the department
30 of their completeness issues no later than 12 days after the
31 submittal of the data required by paragraph (d). If the
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1 department determines Within 15 days after receipt of such
2 data, the department shall issue a determination of
3 completeness.
4 2. If the department determines that the this
5 additional data required by paragraph (d) is not complete
6 insufficient, the party proposing the alternate corridor shall
7 file such additional data that corrects the incompleteness.
8 This additional data must be submitted insufficiency within 15
9 days after the filing of the department's determination.
10 3. If such additional information data is determined
11 by the department within 15 days after receipt to be
12 incomplete insufficient, such incompleteness insufficiency of
13 data shall be deemed a withdrawal of the proposed alternate
14 corridor. The party proposing an alternate corridor shall have
15 the burden of proof on the certifiability of the alternate
16 corridor at the certification hearing pursuant to s.
17 403.529(4). Nothing in this act shall be construed as
18 requiring the applicant or agencies not proposing the
19 alternate corridor to submit data in support of such alternate
20 corridor.
21 (f) The agencies listed in s. 403.526(2) and any newly
22 affected agencies shall file supplementary reports with the
23 applicant and department that address addressing the proposed
24 alternate corridors no later than 30 60 days after the
25 additional data is submitted pursuant to paragraph (d) (e) is
26 determined to be complete.
27 (g) The agency reports on alternate corridors shall
28 include all information required by s. 403.526(2) agencies
29 shall submit supplementary notice pursuant to s. 403.531(2) at
30 the time of filing of their supplemental report.
31
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1 (h) The department shall file with the administrative
2 law judge, the applicant, and all parties a project impact
3 prepare a written analysis consistent with s. 403.526(3) at
4 least 29 days prior to the rescheduled certification hearing
5 addressing the proposed alternate corridor.
6 (3)(a) Notwithstanding the rejection of a proposed
7 alternate corridor by the applicant or the department, any
8 party may present evidence at the certification hearing to
9 show that a corridor proper for certification does not satisfy
10 the criteria listed in s. 403.529 or that a rejected alternate
11 corridor would meet the criteria set forth in s. 403.529. No
12 evidence shall be admitted at the certification hearing on any
13 alternate corridor, unless the alternate corridor was proposed
14 by the filing of a notice at least 50 days prior to the
15 originally scheduled certification hearing pursuant to this
16 section. Rejected alternate corridors shall be considered by
17 the board as provided in s. 403.529(4) and (5).
18 (b) The party proposing an alternate corridor shall
19 have the burden of proof on the certifiability of the
20 alternate corridor at the certification hearing pursuant to s.
21 403.529(4). Nothing in this act shall be construed as
22 requiring the applicant or agencies not proposing the
23 alternate corridor to submit data in support of such alternate
24 corridor.
25 Section 13. Section 403.5272, Florida Statutes, is
26 amended to read:
27 403.5272 Local governments; Informational public
28 meetings.--
29 (1) Local governments or regional planning councils
30 may hold informational public meetings in addition to the
31 hearings specifically authorized by this act on any matter
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1 associated with the transmission line proceeding. Such
2 informational public meetings should be held no later than 30
3 80 days after the application has been determined complete is
4 filed. The purpose of an informational public meeting is for
5 the local government or regional planning council to further
6 inform the general public about the transmission line
7 proposed, obtain comments from the public, and formulate its
8 recommendation with respect to the proposed transmission line.
9 (2) Informational public meetings shall be held solely
10 at the option of each local government or regional planning
11 council. It is the legislative intent that local governments
12 or regional planning councils attempt to hold such public
13 meetings. Parties to the proceedings under this act shall be
14 encouraged to attend; however, no party other than the
15 applicant and the department shall be required to attend such
16 informational public hearings.
17 (3) The failure to hold an informational public
18 meeting or the procedure used for the informational public
19 meeting shall not be grounds for the alteration of any time
20 limitation in this act pursuant to s. 403.528 or grounds to
21 deny or condition certification.
22 Section 14. Subsection (1) of section 403.5275,
23 Florida Statutes, is amended to read:
24 403.5275 Amendment to the application.--
25 (1) Any amendment made to the application prior to
26 certification shall be sent by the applicant to the
27 administrative law judge and to all parties to the proceeding.
28 Section 15. Subsections (1) and (2) and paragraph (e)
29 of subsection (4) of section 403.529, Florida Statutes, are
30 amended to read:
31 403.529 Final disposition of application.--
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1 (1) Within 30 days after receipt of the administrative
2 law judge's or the department's recommended order, the board
3 shall act upon the application by written order, approving in
4 whole, approving with such conditions as the board deems
5 appropriate, or denying the certification and stating the
6 reasons for issuance or denial.
7 (2) The issues that may be raised in any hearing
8 before the board shall be limited to matters raised in the
9 certification proceeding before the administrative law judge
10 or raised in the administrative law judge's or department's
11 recommended order. All parties, or their representatives, or
12 persons who appear before the board shall be subject to the
13 provisions of s. 120.66.
14 (4) In determining whether an application should be
15 approved in whole, approved with modifications or conditions,
16 or denied, the board shall consider whether, and the extent to
17 which, the location of the transmission line corridor and the
18 construction and maintenance of the transmission line will:
19 (e) Effect a reasonable balance between the need for
20 the transmission line as a means of providing reliable,
21 economically efficient electric abundant low-cost electrical
22 energy and the impact upon the public and the environment
23 resulting from the location of the transmission line corridor
24 and maintenance of the transmission lines.
25 Section 16. Subsections (2) and (3) of section
26 403.531, Florida Statutes, are amended to read:
27 403.531 Effect of certification.--
28 (2)(a) The certification shall authorize the licensee
29 applicant to locate the transmission line corridor and to
30 construct and maintain the transmission lines subject only to
31
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1 the conditions of certification set forth in such
2 certification.
3 (b) The certification may include conditions which
4 constitute variances and exemptions from nonprocedural
5 standards or regulations of the department or any other
6 agency, which were expressly considered during the
7 certification review proceeding unless waived by the agency as
8 provided s. 403.526 below and which otherwise would be
9 applicable to the location of the proposed transmission line
10 corridor or the construction and maintenance of the
11 transmission lines. Each party shall notify the applicant and
12 other parties at the time scheduled for the filing of the
13 agency reports of any nonprocedural requirements not
14 specifically listed in the application from which a variance,
15 exemption, exception, or other relief is necessary in order
16 for the board to certify any corridor proposed for
17 certification. Failure of such notification shall be treated
18 as a waiver from the nonprocedural requirements of that
19 agency.
20 (3)(a) The certification shall be in lieu of any
21 license, permit, certificate, or similar document required by
22 any agency pursuant to, but not limited to, chapter 125,
23 chapter 161, chapter 163, chapter 166, chapter 186, chapter
24 253, chapter 258, chapter 298, chapter 370, chapter 373,
25 chapter 376, chapter 380, chapter 381, chapter 387, chapter
26 403, chapter 404, or the Florida Transportation Code, or 33
27 U.S.C. s. 1341.
28 (b) On certification, any license, easement, or other
29 interest in state lands, except those the title of which is
30 vested in the Board of Trustees of the Internal Improvement
31 Trust Fund, shall be issued by the appropriate agency as a
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1 ministerial act. The applicant shall be required to seek any
2 necessary interest in state lands the title to which is vested
3 in the Board of Trustees of the Internal Improvement Trust
4 Fund from the board of trustees before, during, or after the
5 certification proceeding, and certification may be made
6 contingent upon issuance of the appropriate interest in
7 realty. However, neither the applicant nor any party to the
8 certification proceeding may directly or indirectly raise or
9 relitigate any matter which was or could have been an issue in
10 the certification proceeding in any proceeding before the
11 Board of Trustees of the Internal Improvement Trust Fund
12 wherein the applicant is seeking a necessary interest in state
13 lands, but the information presented in the certification
14 proceeding shall be available for review by the board of
15 trustees and its staff.
16 Section 17. Section 403.5312, Florida Statutes, is
17 amended to read:
18 403.5312 Filing Recording of notice of certified
19 corridor route.--
20 (1) Within 60 days after certification of a directly
21 associated transmission line pursuant to ss. 403.501-403.518
22 or a transmission line corridor pursuant to ss.
23 403.52-403.5365, the applicant shall file, in accordance with
24 s. 28.222, with the department and the clerk of the circuit
25 court for each county through which the corridor will pass, a
26 notice of the certified route.
27 (2) The notice shall consist of maps or aerial
28 photographs in the scale of 1:24,000 which clearly show the
29 location of the certified route and shall state that the
30 certification of the corridor will result in the acquisition
31 of rights-of-way within the corridor. Each clerk shall record
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1 the filing in the official record of the county for the
2 duration of the certification or until such time as the
3 applicant certifies to the department and the clerk that all
4 lands required for the transmission line rights-of-way within
5 the corridor have been acquired within such county, whichever
6 is sooner.
7 (3) The recording of this notice shall not constitute
8 a lien, cloud, or encumbrance on real property.
9 Section 18. Section 403.5317, Florida Statutes, is
10 created to read:
11 403.5317 Postcertification amendments.--
12 (1) If, subsequent to certification by the board, a
13 licensee proposes any material change to the application, and
14 revisions or amendments thereto, as certified, the licensee
15 shall submit to the department a written request for amendment
16 and description of the proposed change to the application. The
17 department shall, within 30 days after the receipt of the
18 request for the amendment, determine whether the proposed
19 change to the application requires a modification of the
20 conditions of certification.
21 (2) If the department concludes that the change would
22 not require a modification of the conditions of certification,
23 the department shall notify, in writing, the licensee, all
24 agencies, and all parties of the approval of the proposed
25 amendment.
26 (3) If the department concludes that the change would
27 require a modification of the conditions of certification, the
28 department shall notify the licensee that the proposed change
29 to the application requires a request for modification
30 pursuant to s. 403.5315.
31
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1 Section 19. Section 403.5363, Florida Statutes, is
2 created to read:
3 403.5363 Public notices, requirements.--
4 (1)(a) The applicant shall arrange for the publication
5 of the following notices. Such notices shall be published in
6 newspapers of general circulation within counties crossed by
7 the transmission line corridors proper for certification:
8 1. Notice of the submittal of the application, which
9 shall include a description of the proceedings required by
10 this act. Such notice shall give notice of the provisions of
11 s. 403.531(1) and (2) and the notice of the deadline for
12 filing of notice of intent to be a party.
13 2. Notice of the certification hearing.
14 3. Notice of the cancellation of the certification
15 hearing, if applicable.
16 4. Notice of filing of a modification proposal
17 submitted pursuant to s. 403.5315, if the department
18 determines that the modification would require relocation or
19 expansion of the transmission line right-of-way or a certified
20 substation.
21 (b) The proponent of an alternate corridor shall
22 arrange for the publication of the filing of the alternate, of
23 the revised time schedules, of the deadline for newly affected
24 persons and agencies to file notice of intent to become a
25 party, and of the rescheduled hearing dates. Such notices
26 shall be published in newspapers of general circulation within
27 counties crossed by the proposed alternate corridor.
28 (c) The department shall arrange for publication of
29 the following notices in the manner specified by chapter 120:
30 1. Notice of the submittal of the application and the
31 deadline to become a party.
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1 2. Notice of any administrative hearings on
2 certification.
3 3. Notice of the cancellation of the certification
4 hearings, if applicable.
5 4. Notice of the hearing before the siting board.
6 5. Notice of stipulations, proposed agency action, or
7 petitions for modification.
8 (2) The department shall adopt rules specifying the
9 content of notices required by this section. All notices
10 published by the applicant shall be paid for by the applicant
11 and shall be in addition to the application fee.
12 Section 20. Section 403.5365, Florida Statutes, is
13 amended to read:
14 403.5365 Fees; disposition.--The department shall
15 charge the applicant the following fees, as appropriate,
16 which, unless otherwise specified, shall be paid into the
17 Florida Permit Fee Trust Fund:
18 (1) An application fee of $150,000 $100,000, plus $750
19 per mile for each mile of corridor in which the transmission
20 line right-of-way is proposed to be located within an existing
21 electric electrical transmission line right-of-way or within
22 any existing right-of-way for any road, highway, railroad, or
23 other aboveground linear facility, or $1,000 per mile for each
24 mile of electric transmission line corridor proposed to be
25 located outside such existing right-of-way.
26 (a) Fifty Sixty percent of the fee shall go to the
27 department to cover any costs associated with coordinating the
28 review of reviewing and acting upon the application and any
29 costs for field services associated with monitoring
30 construction and operation of the electric transmission line
31 facility.
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1 (b) The following sums Twenty percent of the fees
2 specified under this section, except postcertification fees,
3 shall be transferred to the Administrative Trust Fund of the
4 Division of Administrative Hearings of the Department of
5 Management Services:
6 1. Five percent to compensate for expenses from the
7 initial exercise of duties associated with the filing of an
8 application.
9 2. An additional 10 percent if an administrative
10 hearing pursuant to s. 403.527 is held.
11 (c) Upon written request with proper itemized
12 accounting within 90 days after final agency action by the
13 board or withdrawal of the application, the agencies that
14 prepared reports pursuant to s. 403.526 or s. 403.5271 or
15 participated in a hearing pursuant to s. 403.527 or s.
16 403.5271 may submit a written request to the department for
17 reimbursement of expenses incurred during the certification
18 proceedings. The request shall contain an accounting of
19 expenses incurred, which may include time spent reviewing the
20 application, department shall reimburse the expenses and costs
21 of the Department of Community Affairs, the Fish and Wildlife
22 Conservation Commission, the water management district,
23 regional planning council, and local government in the
24 jurisdiction of which the transmission line is to be located.
25 Such reimbursement shall be authorized for the preparation of
26 any studies required of the agencies by this act, and for
27 agency travel and per diem to attend any hearing held pursuant
28 to this act, and for the local government's or regional
29 planning council's provision of additional notice of the
30 informational public meetings government to participate in the
31 proceedings. The department shall review the request and
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1 verify that the expenses are valid. Valid expenses shall be
2 reimbursed; however, in the event the amount of funds
3 available for reimbursement allocation is insufficient to
4 provide for full compensation complete reimbursement to the
5 agencies requesting reimbursement, reimbursement shall be on a
6 prorated basis.
7 (d) If any sums are remaining, the department shall
8 retain them for its use in the same manner as is otherwise
9 authorized by this section; provided, however, that if the
10 certification application is withdrawn prior to the initial
11 determination on completeness, one-half of the application fee
12 the remaining sums shall be refunded to the applicant within
13 90 days after withdrawal.
14 (2) An amendment fee.
15 (a) If no corridor alignment change is proposed by the
16 amendment, no amendment fee shall be charged.
17 (b) If a corridor alignment change pursuant to s.
18 403.5275(2) is proposed by the applicant, an additional fee of
19 a minimum of $2,000 and $750 per mile shall be submitted to
20 the department for use in accordance with this act.
21 (c) If an amendment is required to address issues,
22 including alternate corridors pursuant to s. 403.5271, raised
23 by the department or other parties, no fee for such amendment
24 shall be charged.
25 (3) A certification modification fee.
26 (a) If no corridor alignment change is proposed by the
27 licensee applicant, the modification fee shall be $4,000.
28 (b) If a corridor alignment change is proposed by the
29 licensee applicant, the fee shall be $1,000 for each mile of
30 realignment plus an amount not to exceed $10,000 to be fixed
31 by rule on a sliding scale based on the load-carrying
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1 capability and configuration of the transmission line for use
2 in accordance with subsection (2).
3 Section 21. Section 403.5369, Florida Statutes, is
4 repealed.
5 Section 22. Paragraphs (a) and (c) of subsection (1)
6 of section 403.537, Florida Statutes, are amended to read:
7 403.537 Determination of need for transmission line;
8 powers and duties.--
9 (1)(a) Upon request by an applicant or upon its own
10 motion, the Florida Public Service Commission shall schedule a
11 public hearing, after notice, to determine the need for a
12 transmission line regulated by the Florida Electric
13 Transmission Line Siting Act, ss. 403.52-403.5365. Such notice
14 shall be published at least 21 45 days before the date set for
15 the hearing and shall be published in at least one-quarter
16 page size notice in newspapers of general circulation, in the
17 Florida Administrative Weekly, by giving notice to counties
18 and regional planning councils in whose jurisdiction the
19 transmission line could be placed, and by giving notice to any
20 persons who have requested to be placed on the mailing list of
21 the commission for this purpose. Within 21 days after receipt
22 of a request for determination by an applicant, the commission
23 shall set a date for the hearing. The hearing shall be held
24 pursuant to s. 350.01 within 45 days after the filing of the
25 request, and a decision shall be rendered within 60 days after
26 such filing.
27 (c) The determination by the commission of the need
28 for the transmission line, as defined in s. 403.522(21), is
29 binding on all parties to any certification proceeding
30 pursuant to the Florida Electric Transmission Line Siting Act
31 and is a condition precedent to the conduct of the
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1 certification hearing prescribed therein. An order entered
2 pursuant to this section constitutes final agency action.
3 Section 23. Subsection (3) of section 373.441, Florida
4 Statutes, is amended to read:
5 373.441 Role of counties, municipalities, and local
6 pollution control programs in permit processing.--
7 (3) The department shall review environmental resource
8 permit applications for electrical distribution and
9 transmission lines and other facilities related to the
10 production, transmission, and distribution of electricity
11 which are not certified under ss. 403.52-403.5365, the Florida
12 Electric Transmission Line Siting Act, regulated under this
13 part.
14 Section 24. Subsection (30) of section 403.061,
15 Florida Statutes, is amended to read:
16 403.061 Department; powers and duties.--The department
17 shall have the power and the duty to control and prohibit
18 pollution of air and water in accordance with the law and
19 rules adopted and promulgated by it and, for this purpose, to:
20 (30) Establish requirements by rule that reasonably
21 protect the public health and welfare from electric and
22 magnetic fields associated with existing 230 kV or greater
23 electrical transmission lines, new 230 kV and greater
24 electrical transmission lines for which an application for
25 certification under the Florida Electric Transmission Line
26 Siting Act, ss. 403.52-403.5365, is not filed, new or existing
27 electrical transmission or distribution lines with voltage
28 less than 230 kV, and substation facilities. Notwithstanding
29 any other provision in this chapter or any other law of this
30 state or political subdivision thereof, the department shall
31 have exclusive jurisdiction in the regulation of electric and
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1 magnetic fields associated with all electrical transmission
2 and distribution lines and substation facilities. However,
3 nothing herein shall be construed as superseding or repealing
4 the provisions of s. 403.523(1) and (10).
5
6 The department shall implement such programs in conjunction
7 with its other powers and duties and shall place special
8 emphasis on reducing and eliminating contamination that
9 presents a threat to humans, animals or plants, or to the
10 environment.
11 Section 25. Paragraph (a) of subsection (3) of section
12 403.0876, Florida Statutes, is amended to read:
13 403.0876 Permits; processing.--
14 (3)(a) The department shall establish a special unit
15 for permit coordination and processing to provide expeditious
16 processing of department permits which the district offices
17 are unable to process expeditiously and to provide accelerated
18 processing of certain permits or renewals for economic and
19 operating stability. The ability of the department to process
20 applications pursuant to this subsection in a more timely
21 manner than allowed by subsections (1) and (2) is dependent
22 upon the timely exchange of information between the applicant
23 and the department and the intervention of outside parties as
24 allowed by law. An applicant may request the processing of its
25 permit application by the special unit if the application is
26 from an area of high unemployment or low per capita income, is
27 from a business or industry that is the primary employer
28 within an area's labor market, or is in an industry with
29 respect to which the complexities involved in the review of
30 the application require special skills uniquely available in
31 the headquarters office. The department may require the
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1 applicant to waive the 90-day time limitation for department
2 issuance or denial of the permit once for a period not to
3 exceed 90 days. The department may require a special fee to
4 cover the direct cost of processing special applications in
5 addition to normal permit fees and costs. The special fee may
6 not exceed $10,000 per permit required. Applications for
7 renewal permits, but not applications for initial permits,
8 required for facilities pursuant to the Electrical Power Plant
9 Siting Act or the Florida Electric Transmission Line Siting
10 Act may be processed under this subsection. Personnel staffing
11 the special unit shall have lengthy experience in permit
12 processing.
13 Section 26. Paragraph (b) of subsection (3) of section
14 403.809, Florida Statutes, is amended to read:
15 403.809 Environmental districts; establishment;
16 managers; functions.--
17 (3)
18 (b) The processing of all applications for permits,
19 licenses, certificates, and exemptions shall be accomplished
20 at the district center or the branch office, except for those
21 applications specifically assigned elsewhere in the department
22 under s. 403.805 or to the water management districts under s.
23 403.812 and those applications assigned by interagency
24 agreement as provided in this act. However, the secretary, as
25 head of the department, may not delegate to district or
26 subdistrict managers, water management districts, or any unit
27 of local government the authority to act on the following
28 types of permit applications:
29 1. Permits issued under s. 403.0885, except such
30 permit issuance may be delegated to district managers.
31 2. Construction of major air pollution sources.
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1 3. Certifications under the Florida Electrical Power
2 Plant Siting Act or the Florida Electric Transmission Line
3 Siting Act and the associated permit issued under s. 403.0885,
4 if applicable.
5 4. Permits issued under s. 403.0885 to steam electric
6 generating facilities regulated pursuant to 40 C.F.R. part
7 423.
8 5. Permits issued under s. 378.901.
9 Section 27. This act shall take effect upon becoming a
10 law.
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