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
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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
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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
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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  
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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:
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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.--
                                  16
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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
                                  17
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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
                                  18
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  19
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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  
                                  20
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  21
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  22
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  23
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  24
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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  
                                  25
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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.
                                  26
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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.
                                  27
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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  
                                  28
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  29
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  30
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  31
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  32
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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  
                                  33
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    24-1564-04                                          See HB 689
 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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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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.--
                                  35
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    24-1564-04                                          See HB 689
 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  
                                  36
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    24-1564-04                                          See HB 689
 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
                                  37
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  38
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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  
                                  39
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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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    24-1564-04                                          See HB 689
 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.
                                  41
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  42
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  43
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  44
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  45
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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
                                  46
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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.
                                  47
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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689
 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.
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
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