HB 0689 2004
1	A bill to be entitled
2	An act relating to electric transmission line siting;
3	amending s. 403.52, F.S.; changing the short title to the
4	"Florida Electric Transmission Line Siting Act"; amending
5	s. 403.521, F.S.; revising legislative intent; amending s.
6	403.522, F.S.; revising definitions; defining "licensee";
7	amending s. 403.523, F.S.; revising powers and duties of
8	the Department of Environmental Protection; requiring the
9	department to collect and process fees, to prepare a
10	project impact analysis, to act as clerk for the siting
11	board, and to administer and manage the terms and
12	conditions of the certification order and supporting
13	documents and records; amending s. 403.524, F.S.; revising
14	provisions for applicability, certification, and
15	exemptions under the act; requiring the application to
16	contain the starting point and ending point of a
17	transmission line specifically defined by the applicant
18	and verified by the commission; revising provisions for
19	notice by an electric utility of its intent to construct
20	an exempted transmission line; amending s. 403.525, F.S.;
21	providing for powers and duties of the administrative law
22	judge designated by the Division of Administrative
23	Hearings to conduct the required hearings; amending s.
24	403.5251, F.S.; revising application procedures and
25	schedules; providing for the formal date of certification
26	application filing and commencement of the certification
27	review process; requiring the department to prepare a
28	proposed schedule of dates for determination of
29	completeness and other significant dates to be followed
30	during the certification process; providing for the formal
31	date of application distribution; requiring the applicant
32	to file notice of distribution and notice of filing of the
33	application; amending s. 403.5252, F.S.; revising
34	timeframes and procedures for determination of
35	completeness of the application; requiring the department
36	to consult with affected agencies; revising requirements
37	for the department to file a statement of its
38	determination of completeness with the Division of
39	Administrative Hearings, the applicant, and all parties
40	within a certain time after distribution of the
41	application; revising requirements for the applicant to
42	file a statement with the department, the division, and
43	all parties, if the department determines the application
44	is not complete; providing for that statement to notify
45	the department that the information will not be provided;
46	revising timeframes and procedures for contests of the
47	determination by the department; providing for parties to
48	a hearing on the issue of completeness; repealing s.
49	403.5253, F.S., relating to determination of sufficiency
50	of application or amendment to the application; amending
51	s. 403.526, F.S.; revising criteria and procedures for
52	preliminary statements of issues, reports, and studies;
53	revising timeframes; requiring the preliminary statement
54	of issues from each affected agency be submitted to all
55	parties; revising criteria for the Department of Community
56	Affairs' report; requiring the Department of
57	Transportation to prepare an impact report; providing for
58	project impact reports from other agencies; revising
59	required content of the reports; providing for notice of
60	any agency nonprocedural requirements not listed in the
61	application; providing for failure to provide such
62	notification; providing for a recommendation for approval
63	or denial of the application; providing for receipt of an
64	affirmative determination of need to be a condition
65	precedent to further processing of the application;
66	requiring the department to prepare a project impact
67	analysis to be filed with the administrative law judge and
68	served on all parties within a certain timeframe; amending
69	s. 403.527, F.S.; revising procedures and timeframes for
70	the certification hearing conducted by the administrative
71	law judge; revising provisions for notices and publication
72	of notices, public hearings held by local governments,
73	testimony at the public hearing portion of the
74	certification hearing, the order of presentations at the
75	hearing, consideration of certain communications by the
76	administrative law judge, requiring the applicant to pay
77	certain expenses and costs, and requiring the
78	administrative law judge to issue a recommended order
79	disposing of the application; requiring certain notices be
80	made in accordance with specified requirements and within
81	a certain timeframe; specifying the Department of
82	Transportation as a party to the proceedings; providing
83	for the administrative law judge to cancel the
84	certification hearing and relinquish jurisdiction to the
85	department upon request by the applicant or the
86	department; requiring the department and the applicant to
87	publish notice of such cancellation; providing for parties
88	to submit proposed recommended orders to the department
89	when the certification hearing has been canceled;
90	providing for the department to prepare a recommended
91	order for final action by the siting board when the
92	hearing has been canceled; amending s. 403.5271, F.S.;
93	revising procedures and timeframes for consideration of
94	proposed alternate corridors; revising notice
95	requirements; providing for notice of the filing of the
96	alternate corridor and revised time schedules; providing
97	for notice to agencies newly affected by the proposed
98	alternate corridor; requiring the person proposing the
99	alternate corridor to provide all data to the agencies
100	within a certain timeframe; providing for determination by
101	the department that the data is not complete; providing
102	for withdrawal of the proposed alternate corridor upon
103	such determination; providing for agencies to file reports
104	with the applicant and department that address the
105	proposed alternate corridor; providing for the department
106	to file with the administrative law judge, the applicant,
107	and all parties a project impact analysis of the proposed
108	alternate corridor; providing that the party proposing an
109	alternate corridor shall have the burden of proof on the
110	certifiability of the alternate corridor; amending s.
111	403.5272, F.S.; revising procedures for informational
112	public meetings; providing for informational public
113	meetings held by regional planning councils; revising
114	timeframes; amending s. 403.5275, F.S.; revising
115	provisions for amendment to the application prior to
116	certification; amending s. 403.529, F.S.; revising
117	provisions for final disposition of the application by the
118	siting board; providing for the administrative law judge's
119	or department's recommended order; amending s. 403.531,
120	F.S.; revising provisions for conditions of certification;
121	amending s. 403.5312, F.S.; requiring the applicant to
122	file notice of a certified corridor route with the
123	department; creating s. 403.5317, F.S.; providing
124	procedures for changes proposed by the licensee after
125	certification; requiring the department to determine
126	within a certain time if the proposed change requires
127	modification of the conditions of certification; requiring
128	notice to the licensee, all agencies, and all parties of
129	changes that are approved as not requiring modification of
130	the conditions of certification; creating s. 403.5363,
131	F.S.; requiring publication of certain notices by the
132	applicant, the proponent of an alternate corridor, and the
133	department; requiring the department to adopt rules
134	specifying the content of such notices; amending s.
135	403.5365, F.S.; revising application fees and the
136	distribution of fees collected; revising procedures for
137	reimbursement of local governments and regional planning
138	organizations; repealing s. 403.5369, F.S., relating to
139	application of the act to applications prior to a certain
140	date; amending s. 403.537, F.S.; revising the schedule for
141	notice of a public hearing by the Public Service
142	Commission to determine the need for a transmission line;
143	amending ss. 373.441, 403.061, 403.0876, and 403.809,
144	F.S.; conforming terminology; providing an effective date.
145
146	Be It Enacted by the Legislature of the State of Florida:
147
148	Section 1. Section 403.52, Florida Statutes, is amended to
149	read:
150	403.52 Popular name Short title.--Sections 403.52-403.5365
151	may be known by the popular name cited as the "Florida Electric
152	Transmission Line Siting Act."
153	Section 2. Section 403.521, Florida Statutes, is amended
154	to read:
155	403.521 Legislative intent.--The legislative intent of
156	this act is to establish a centralized and coordinated licensing
157	permitting process for the location of electrictransmission
158	line corridors and the construction and maintenance of electric
159	transmission lines, which necessarily involves several broad
160	interests of the public addressed through the subject matter
161	jurisdiction of several agencies. The Legislature recognizes
162	that electric transmission lines will have an effect upon
163	electric power system reliability, the environment, land use,
164	andthe welfare of the population. Recognizing the need to
165	ensure electric power system reliability and integrity, and in
166	order to meet electric electricalenergy needs in an orderly and
167	timely fashion, the centralized and coordinated licensing
168	permittingprocess established by this act is intended to
169	further the legislative goal of ensuring through available and
170	reasonable methods that the location of transmission line
171	corridors and the construction and maintenance of transmission
172	lines produce minimal adverse effects on the environment and
173	public health, safety, and welfare while not unduly conflicting
174	with the goals established by the applicable local comprehensive
175	plan. It is the intent of this act to fully balance the need for
176	transmission lines with the broad interests of the public in
177	order to effect a reasonable balance between the need for the
178	facility as a means of providing reliable, economically
179	efficient electric abundant low-cost electricalenergy and the
180	impact on the public and the environment resulting from the
181	location of the transmission line corridor and the construction
182	and maintenance of the transmission lines. The Legislature
183	intends that the provisions of chapter 120 apply to this act and
184	to proceedings pursuant to it except as otherwise expressly
185	exempted by other provisions of this act.
186	Section 3. Section 403.522, Florida Statutes, is amended
187	to read:
188	403.522 Definitions relating to the Florida Electric
189	Transmission Line Siting Act.--As used in this act:
190	(1) "Act" means the Florida ElectricTransmission Line
191	Siting Act.
192	(2) "Agency," as the context requires, means an official,
193	officer, commission, authority, council, committee, department,
194	division, bureau, board, section, or other unit or entity of
195	government, including a county, municipality, or other regional
196	or local governmental entity.
197	(3) "Amendment" means a material change in information
198	provided by the applicant to the application for certification
199	made after the initial application filing.
200	(4) "Applicant" means any electric utility which applies
201	for certification pursuant to the provisions of this act.
202	(5) "Application" means the documents required by the
203	department to be filed to initiate and support a certification
204	review and evaluation, including the initial document filing,
205	amendments, and responses to requests from the department for
206	additional data and information proceeding. An electric utility
207	may file a comprehensive application encompassing all or a part
208	of one or more proposed transmission lines.
209	(6) "Board" means the Governor and Cabinet sitting as the
210	siting board.
211	(7) "Certification" means the approval by the board of a
212	corridor proper for certification pursuant to subsection (10)
213	and the construction and maintenance of transmission lines
214	within such corridor with such changes or conditions as the
215	board deems appropriate. Certification shall be evidenced by a
216	written order of the board.
217	(8) "Commission" means the Florida Public Service
218	Commission.
219	(9) "Completeness" means that the application has
220	addressed all applicable sections of the prescribed application
221	format and, but does not meanthat those sections are sufficient
222	in comprehensiveness of data or in quality of information
223	provided to allow the department to determine whether the
224	application provides the reviewing agencies adequate information
225	to prepare the reports required by s. 403.526.
226	(10) "Corridor" means the proposed area within which a
227	transmission line right-of-way, including maintenance and access
228	roads,is to be located. The width of the corridor proposed for
229	certification by an applicant or other party, at the option of
230	the applicant, may be the width of the transmission line right-
231	of-way, or a wider boundary, not to exceed a width of one-half 1
232	mile. The area within the corridor in which a right-of-way may
233	be located may be further restricted by a condition of
234	certification. After all property interests required for the
235	transmission line right-of-way have been acquired by the
236	applicant, the boundaries of the area certified shall narrow to
237	only that land within the boundaries of the transmission line
238	right-of-way, maintenance roads, and access roads. The corridors
239	proper for certification shall be those addressed in the
240	application, in amendments to the application filed pursuant to
241	s. 403.5275, and in notices of acceptance of proposed alternate
242	corridors filed by an applicant and the department pursuant to
243	s. 403.5271 for which the required sufficientinformation for
244	the preparation of agency supplemental reports was filed.
245	(11) "Department" means the Department of Environmental
246	Protection.
247	(12) "Electric utility" means cities and towns, counties,
248	public utility districts, regulated electric companies, electric
249	cooperatives, regional transmission organizations, independent
250	transmission system operators, or similar entities created and
251	approved pursuant to the Federal Energy Regulatory Commission's
252	Order 2000,and joint operating agencies, or combinations
253	thereof, engaged in, or authorized to engage in, the business of
254	generating, transmitting, or distributing electric energy.
255	(13) "License" means a franchise, permit, certification,
256	registration, charter, comprehensive plan amendment, development
257	order,or permit as defined in chapters 163 and 380, or similar
258	form of authorization required by law, but it does not include a
259	license required primarily for revenue purposes when issuance of
260	the license is merely a ministerial act.
261	(14) "Licensee" means an applicant that has obtained a
262	certification order for the subject project.
263	(15)(14)"Local government" means a municipality or county
264	in the jurisdiction of which the project is proposed to be
265	located.
266	(16)(15)"Modification" means any change in the
267	certification order after issuance, including a change in the
268	conditions of certification.
269	(17)(16)"Nonprocedural requirements of agencies" means
270	any agency's regulatory requirements established by statute,
271	rule, ordinance, or comprehensive plan, excluding any provisions
272	prescribing forms, fees, procedures, or time limits for the
273	review or processing of information submitted to demonstrate
274	compliance with such regulatory requirements.
275	(18)(17)"Person" means an individual, partnership, joint
276	venture, private or public corporation, association, firm,
277	public service company, political subdivision, municipal
278	corporation, government agency, public utility district, or any
279	other entity, public or private, however organized.
280	(19)(18)"Preliminary statement of issues" means a listing
281	and explanation of those issues within the agency's jurisdiction
282	which are of major concern to the agency in relation to the
283	proposed electric electricaltransmission line corridor.
284	(20)(19)"Regional planning council" means a regional
285	planning council as defined in s. 186.503(4) in the jurisdiction
286	of which the project is proposed to be located.
287	(20) "Sufficiency" means that the application is not only
288	complete but that all sections are adequate in the
289	comprehensiveness of data and in the quality of information
290	provided to allow the department to determine whether the
291	application provides the reviewing agencies adequate information
292	to prepare the reports authorized by s. 403.526.
293	(21) "Transmission line" means all structures, all
294	maintenance and access roads, and all other facilities that need
295	to be constructed, operated, or maintained for the purpose of
296	conveying electric power any electrical transmission line
297	extending from, but not including, an existing or proposed
298	substation or power plant to, but not including, an existing or
299	proposed transmission network or rights-of-way or substation to
300	which the applicant intends to connect which defines the end of
301	the proposed project and which is designed to operate at 230
302	kilovolts or more. The starting point and ending point of a
303	transmission line must be specifically defined by the applicant
304	and must be verified by the commission in its determination of
305	need. A transmission line includes structures and maintenance
306	and access roads that need to be constructed for the project to
307	become operational.The transmission line may include, at the
308	applicant's option, any proposed terminal or intermediate
309	substations or substation expansions necessary to serve the
310	transmission line.
311	(22) "Transmission line right-of-way" means land necessary
312	for the construction and maintenance of a transmission line. The
313	typical width of the right-of-way shall be identified in the
314	application. The right-of-way shall be located within the
315	certified corridor and shall be identified by the applicant
316	subsequent to certificationin documents filed with the
317	department prior to construction.
318	(23) "Water management district" means a water management
319	district created pursuant to chapter 373 in the jurisdiction of
320	which the project is proposed to be located.
321	Section 4. Section 403.523, Florida Statutes, is amended
322	to read:
323	403.523 Department of Environmental Protection; powers and
324	duties.--The department shall have the following powers and
325	duties:
326	(1) To adopt procedural rules pursuant to ss. 120.536(1)
327	and 120.54 to implement the provisions of this act and to adopt
328	or amend rules to implement the provisions of subsection (10).
329	(2) To prescribe the form and content of the public
330	notices and the form, content, and necessary supporting
331	documentation, and any required studies, for certification
332	applications. All such data and studies shall be related to the
333	jurisdiction of the agencies relevant to the application.
334	(3) To receive applications for transmission line and
335	corridor certifications and initially determine the completeness
336	and sufficiencythereof.
337	(4) To make or contract for studies of certification
338	applications. All such studies shall be related to the
339	jurisdiction of the agencies relevant to the application. For
340	studies in areas outside the jurisdiction of the department and
341	in the jurisdiction of another agency, the department may
342	initiate such studies, but only with the consent of such agency.
343	(5) To administer the processing of applications for
344	certification and ensure that the applications are processed as
345	expeditiously as possible.
346	(6) To collect and process requiresuch fees as allowed by
347	this act.
348	(7) To prepare a report and a project impact written
349	analysis as required by s. 403.526.
350	(8) To prescribe the means for monitoring the effects
351	arising from the location of the transmission line corridor and
352	the construction and maintenance of the transmission lines to
353	assure continued compliance with the terms of the certification.
354	(9) To make a determination of acceptability of any
355	alternate corridor proposed for consideration pursuant to s.
356	403.5271.
357	(10) To set requirements that reasonably protect the
358	public health and welfare from the electric and magnetic fields
359	of transmission lines for which an application is filed pursuant
360	to after the effective date ofthis act.
361	(11) To act as clerk for the siting board.
362	(12) To administer and manage the terms and conditions of
363	the certification order and supporting documents and records for
364	the life of the facility.
365	(11) To present rebuttal evidence on any issue properly
366	raised at the certification hearing.
367	Section 5. Section 403.524, Florida Statutes, is amended
368	to read:
369	403.524 Applicability; and certification; exemptions.--
370	(1) The provisions of this act apply to each transmission
371	line as defined herein, except a transmission line certified
372	pursuant to the Florida Electrical Power Plant Siting Act. In
373	the application, the starting point and ending point of a
374	transmission line must be specifically defined by the applicant
375	and must be verified by the commission in its determination of
376	need.
377	(2) Except as provided in subsection (1), no construction
378	of any transmission line may be undertaken without first
379	obtaining certification under this act, but the provisions of
380	this act do not apply to:
381	(a) Transmission lines for which development approval has
382	been obtained pursuant to chapter 380.
383	(b) Transmission lines which have been exempted by a
384	binding letter of interpretation issued under s. 380.06(4), or
385	in which the Department of Community Affairs or its predecessor
386	agency has determined the utility to have vested development
387	rights within the meaning of s. 380.05(18) or s. 380.06(20).
388	(c) Transmission line development in which all
389	construction is limited to established rights-of-way.
390	Established rights-of-way include such rights-of-way for which
391	all necessary property interests are acquired or that are
392	created by state or local government entities to be used for
393	roads, highways, railroads, gas, water, oil, electricity, or
394	sewage and any other public purpose rights-of-way. For
395	transmission line rights-of-way, established rights-of-way must
396	have been created at least 5 years prior to the start of
397	construction of the proposed transmission line. Except for
398	transmission line rights-of-way, established rights-of-way
399	include rights-of-way created before or after October 1, 1983.
400	For transmission line rights-of-way, established rights-of-way
401	include rights-of-way created before October 1, 1983.
402	(d) Transmission lines which are less than 15 miles in
403	length or which do not cross a county line, unless the applicant
404	has elected to apply for certification under the act.
405	(3) The exemption of a transmission line under this act
406	does not constitute an exemption for the transmission line from
407	other applicable permitting processes under other provisions of
408	law or local government ordinances.
409	(4) A utility shall notify the department in writing,
410	prior to the start of construction, of the electric utility's
411	itsintent to construct a transmission line exempted pursuant to
412	this section. Such notice shall be only for information
413	purposes, and no action by the department shall be required
414	pursuant to such notice. Notice may be included in any
415	demonstration filed with the department prior to the start of
416	construction that a new transmission line complies with the
417	applicable electric and magnetic field standards.
418	Section 6. Section 403.525, Florida Statutes, is amended
419	to read:
420	403.525 Administrative law judge; appointment; powers and
421	duties of administrative law judge.--
422	(1)Within 7 days after receipt of an application, whether
423	complete or not, the department shall request the Division of
424	Administrative Hearings to designate an administrative law judge
425	to conduct the hearings required by this act. The division
426	director shall designate an administrative law judge to conduct
427	the hearings required by this act within 7 days after receipt of
428	the request from the department. Whenever practicable, the
429	division director shall assign an administrative law judge who
430	has had prior experience or training in this type of
431	certification proceeding. Upon being advised that an
432	administrative law judge has been designated, the department
433	shall immediately file a copy of the application and all
434	supporting documents with the administrative law judge, who
435	shall docket the application.
436	(2) The administrative law judge shall have all powers and
437	duties granted to administrative law judges by chapter 120 and
438	by the laws and rules of the department.
439	Section 7. Section 403.5251, Florida Statutes, is amended
440	to read:
441	403.5251 Distribution of application; schedules.--
442	(1) The formal date of certification application filing
443	and commencement of the certification review process shall be
444	the date on which the applicant has submitted to the department
445	copies of the certification application in a quantity identified
446	by rule and the certification application fee specified under s.
447	403.5365. One copy of the application shall be submitted in
448	electronic format.
449	(2)Within 7 days after the filing of an application, the
450	department shall provide the applicant and the Division of
451	Administrative Hearings the names and addresses of those
452	affected or other agencies entitled to notice and copies of the
453	application and any amendments.
454	(3)(2) Within 15 7 days after the formal date of the
455	application filing completeness has been determined, the
456	department shall prepare a proposed schedule of dates for
457	determination of completeness,submission of statements of
458	issues, determination of sufficiency, andsubmittal of final
459	reports, from affected and other agenciesand other significant
460	dates to be followed during the certification process, including
461	dates for filing notices of appearances to be a party pursuant
462	to s. 403.527(3)(4). This schedule shall be provided by the
463	department to the applicant, the administrative law judge, and
464	the agencies identified pursuant to subsection (2) (1).
465	(4)(3) Within 15 7 days after the filing of the
466	application completeness has been determined, the applicant
467	shall distribute copies of the application to all agencies
468	identified by the department pursuant to subsection (2) (1). The
469	applicant shall file a notice that the application has been
470	distributed to the administrative law judge and the department.
471	The formal date of the distribution of the application shall be
472	the date on which such notice is filed.Copies of changes and
473	amendments to the application shall be timely distributed by the
474	applicant to all agencies and parties who have received a copy
475	of the application.
476	(5) Notice of the filing of the application shall be made
477	in accordance with the requirements of s. 403.5363 by the
478	applicant no later than 21 days after the application filing.
479	Section 8. Section 403.5252, Florida Statutes, is amended
480	to read:
481	403.5252 Determination of completeness.--
482	(1)(a) The department shall consult with the affected
483	agencies and may include their recommendations on the
484	completeness of the application. Such agencies shall submit to
485	the department recommendations on the completeness of the
486	application within 30 days after the distribution of the
487	application.
488	(b) Within 45 15 days after distribution receiptof an
489	application, the department shall file a statement with the
490	Division of Administrative Hearings, and with the applicant, and
491	with all partiesdeclaring its position with regard to the
492	completeness, not the sufficiency,of the application.
493	(2)(1)If the department declares the application to be
494	incomplete, the applicant, within 15 days after the filing of
495	the statement by the department, shall file with the Division of
496	Administrative Hearings, and with the department, and with all
497	partiesa statement:
498	(a) Agreeing with the statement of the department and
499	withdrawing the application;
500	(b) Agreeing with the statement of the department and
501	agreeing to render amend the application completewithout
502	withdrawing it by filing additional information necessary to
503	make the application complete. The time schedules shall be
504	tolled as of the date of the determination that the application
505	is not complete, referencing a complete application under this
506	act shall not commenceuntil the application is determined
507	complete; or
508	(c) Notifying the department that the information will not
509	be supplied, in which case the application shall be processed as
510	filed; or
511	(d)(c)Contesting the statement of the department.
512	(3)(a)(2)If the applicant contests the determination by
513	the department that an application is incomplete, the
514	administrative law judge shall schedule a hearing on the
515	statement of completeness. The hearing shall be held as
516	expeditiously as possible, but not later than 30 days after the
517	filing of the statement by the department. The administrative
518	law judge shall render a decision within 10 days after the
519	hearing.
520	(b) Parties to a hearing on the issue of completeness
521	shall include the applicant, the department, and any agency that
522	has jurisdiction over the matter in dispute. Any substantially
523	affected person who wishes to become a party to the completeness
524	hearing shall file a motion no later than 10 days prior to the
525	date of the hearing.
526	(c)(a)If the administrative law judge determines that the
527	application was not complete as filed, the applicant shall
528	withdraw the application or make such additional submittals as
529	necessary to complete it. The time schedules referencing a
530	complete application under this act shall not commence until the
531	application is determined complete.
532	(d)(b)If the administrative law judge determines that the
533	application was complete at the time it was declared incomplete
534	filed, the time schedules referencing a complete application
535	under this act shall commence upon such determination.
536	Section 9. Section 403.5253, Florida Statutes, is
537	repealed.
538	Section 10. Section 403.526, Florida Statutes, is amended
539	to read:
540	403.526 Preliminary statements of issues, reports, project
541	impact analyses,and studies.--
542	(1) Each affected agency which received an application in
543	accordance with s. 403.5251(4)(3)shall submit a preliminary
544	statement of issues to the department and all parties the
545	applicant no later than 15 60 days after the certification
546	application has been determined to be complete distribution of
547	the complete application. Such statements of issues shall be
548	made available to each local government for use as information
549	for public meetings pursuant to s. 403.5272. The failure to
550	raise an issue in this preliminary statement of issues shall not
551	preclude the issue from being raised in the agency's report.
552	(2)(a) The following affectedagencies shall prepare
553	reports as provided below and shall submit them to the
554	department and the applicant no later than 60 within 90days
555	after the certification application has been determined to be
556	complete distribution of the complete application:
557	1. The department shall prepare a report as to the impact
558	of each proposed transmission line or corridor as it relates to
559	matters within its jurisdiction.
560	2. Each water management district in the jurisdiction of
561	which a proposed transmission line or corridor is to be located
562	shall prepare a report as to the impact on water resources and
563	other matters within its jurisdiction.
564	3. The Department of Community Affairs shall prepare a
565	report containing recommendations which address the impact upon
566	the public of the proposed transmission line or corridor, based
567	on the degree to which the proposed transmission line or
568	corridor is consistent with the applicable portions of the state
569	comprehensive plan, emergency management,and other matters
570	within its jurisdiction. The Department of Community Affairs may
571	also comment on the consistency of the proposed transmission
572	line or corridor with applicable strategic regional policy plans
573	or local comprehensive plans and land development regulations.
574	4. The Fish and Wildlife Conservation Commission shall
575	prepare a report as to the impact of each proposed transmission
576	line or corridor on fish and wildlife resources and other
577	matters within its jurisdiction.
578	5. Each local government shall prepare a report as to the
579	impact of each proposed transmission line or corridor on matters
580	within its jurisdiction, including the consistency of the
581	proposed transmission line or corridor with all applicable local
582	ordinances, regulations, standards, or criteria that apply to
583	the proposed transmission line or corridor, including local
584	comprehensive plans, zoning regulations, land development
585	regulations, and any applicable local environmental regulations
586	adopted pursuant to s. 403.182 or by other means. No change by
587	the responsible local government or local agency in local
588	comprehensive plans, zoning ordinances, or other regulations
589	made after the date required for the filing of the local
590	government's report required by this section shall be applicable
591	to the certification of the proposed transmission line or
592	corridor unless the certification is denied or the application
593	is withdrawn.
594	6. Each regional planning council shall present a report
595	containing recommendations that address the impact upon the
596	public of the proposed transmission line or corridor based on
597	the degree to which the transmission line or corridor is
598	consistent with the applicable provisions of the strategic
599	regional policy plan adopted pursuant to chapter 186 and other
600	impacts of each proposed transmission line or corridor on
601	matters within its jurisdiction.
602	7. The Department of Transportation shall prepare a report
603	as to the impact of the proposed transmission line or corridor
604	on roads, railroads, airports, aeronautics, seaports, and other
605	matters within its jurisdiction.
606	8. Any other agency within the jurisdiction of which the
607	proposed transmission line and corridor would be located may
608	prepare a report addressing the impact of the proposed
609	transmission line or corridor on matters within that agency’s
610	jurisdiction.
611	(b) Each report shall contain:
612	1. A notice of any nonprocedural requirements not
613	specifically listed in the application from which a variance,
614	exemption, exception, or other relief is necessary in order for
615	the board to certify any corridor proposed for certification.
616	Failure of such notification shall be treated as a waiver from
617	the nonprocedural requirements of that agency.
618	2. A recommendation for approval or denial of the
619	application.
620	3. the information on variances required by s. 403.531(2)
621	andProposed conditions of certification on matters within the
622	jurisdiction of each agency. For each condition proposed by an
623	agency, the agency shall list the specific statute, rule, or
624	ordinance, as applicable, which authorizes the proposed
625	condition.
626	(c) Each reviewing agency shall initiate the activities
627	required by this section no later than 15 days after the
628	completeapplication is distributed. Each agency shall keep the
629	applicant and the department informed as to the progress of its
630	studies and any issues raised thereby.
631	(d) Receipt of an affirmative determination of need by the
632	submittal deadline for agency reports under paragraph (a) shall
633	be a condition precedent to further processing of the
634	application.
635	(3) The department shall prepare a project impact written
636	analysis which contains a compilation of agency reports and
637	summaries of the material contained therein which shall be filed
638	with the administrative law judge and served on all parties no
639	later than 90 135 days after the determination that the
640	application is complete application has been distributed to the
641	affected agencies, and which shall include:
642	(a) The studies and reports required by this section and
643	s. 403.537.
644	(b) Comments received from any other agency or person.
645	(c) The recommendation of the department as to the
646	disposition of the application, of variances, exemptions,
647	exceptions, or other relief identified by any party, and of any
648	proposed conditions of certification which the department
649	believes should be imposed.
650	(4) The failure of any agency to submit a preliminary
651	statement of issues or a report, or to submit its preliminary
652	statement of issues or report within the allowed time, shall not
653	be grounds for the alteration of any time limitation in this act
654	pursuant to s. 403.528. Neither the failure to submit a
655	preliminary statement of issues or a report nor the inadequacy
656	of the preliminary statement of issues or report shall be
657	grounds to deny or condition certification.
658	Section 11. Section 403.527, Florida Statutes, is amended
659	to read:
660	403.527 Certification hearing; Notice, proceedings,
661	parties, participants.--
662	(1)(a) No later than 15 days after an application has been
663	determined complete, the applicant shall arrange for publication
664	of a notice of the application and of the proceedings required
665	by this act. Such notice shall give notice of the provisions of
666	s. 403.531(1) and (2).
667	(b) The applicant shall arrange for publication of a
668	notice of the certification hearing and other public hearings
669	provided for in this section and notice of the deadline for
670	filing of notice of intent to be a party. Such notices shall be
671	published at least 80 days before the date set for the hearing.
672	(c) The applicant shall arrange for publication of a
673	reminder notice in the newspapers specified in paragraph (d) no
674	more than 10 days prior to the certification hearing, reminding
675	the public of the date and location of the hearing. This notice
676	shall not constitute a point of entry for intervention in the
677	proceeding.
678	(d) Notices to be published by the applicant shall be
679	published in newspapers of general circulation within counties
680	crossed by the transmission line corridors proper for
681	certification. The required newspaper notices, other than the
682	reminder notice, shall be one-half page in size in a standard
683	size newspaper or a full page in a tabloid size newspaper and
684	published in a section of the newspaper other than the legal
685	notices section. These notices shall include a map generally
686	depicting all transmission corridors proper for certification. A
687	newspaper of general circulation shall be the newspaper within a
688	county crossed by a transmission line corridor proper for
689	certification which newspaper has the largest daily circulation
690	in that county and has its principal office in that county. If
691	the newspaper with the largest daily circulation has its
692	principal office outside the county, then the notices shall
693	appear in both the newspaper having the largest circulation in
694	that county and in a newspaper authorized to publish legal
695	notices in that county.
696	(e) The department shall publish in the Florida
697	Administrative Weekly notices of the application; of the
698	certification hearing; of the hearing before the board; and of
699	stipulations, proposed agency action, or petitions for
700	modification.
701	(f) The department shall adopt rules specifying the
702	content of notices required by this section. All notices
703	published by the applicant shall be paid for by the applicant
704	and shall be in addition to the application fee.
705	(1)(a)(2) No later than 125 185 days after the application
706	has been determined complete receipt of a complete application
707	by the department, the administrative law judge shall conduct a
708	certification hearing pursuant to ss. 120.569 and 120.57 at a
709	central location in proximity to the proposed transmission line
710	or corridor.
711	(b)One public hearing where members of the public who are
712	not parties to the certification hearing may testify shall be
713	held within the boundaries of each county, at the option of any
714	local government.
715	1.The local government shall notify the administrative
716	law judge and all parties not later than 40 50 days after the
717	application has been determined receipt of a complete
718	applicationas to whether the local government wishes to have
719	such a public hearing. The local government shall be responsible
720	for determining the location of the public hearing.
721	2. Within 5 days after ofsuch notification, the
722	administrative law judge shall determine the date of such public
723	hearing, which shall be held before or during the certification
724	hearing. In the event two or more local governments within one
725	county request such a public hearing, the hearing shall be
726	consolidated so that only one such public hearing is held in any
727	county. The location of a consolidated hearing shall be
728	determined by the administrative law judge.
729	3.If a local government does not request a public hearing
730	within 40 50 days after the application has been determined
731	receipt of a complete application, persons residing within the
732	jurisdiction of such local government may testify at the public
733	hearing portion of the certification hearing.
734	(c) The order of presentation at the certification
735	hearing, unless otherwise changed by the administrative law
736	judge to ensure the orderly presentation of witnesses and
737	evidence, shall be:
738	1. The applicant.
739	2. The department.
740	3. State agencies.
741	4. Regional agencies, including regional planning councils
742	and water management districts.
743	5. Local governments.
744	6. Other parties.
745	(d) When appropriate, any person may be given an
746	opportunity to present oral or written communications to the
747	administrative law judge. If the administrative law judge
748	proposes to consider such communications, all parties shall be
749	given an opportunity to cross-examine, challenge, or rebut such
750	communications.
751	(e) The applicant shall pay those expenses and costs
752	associated with the conduct of the hearings and the recording
753	and transcription of the proceedings.
754	(2) Notice of the certification hearing and other public
755	hearings provided for in this section and notice of the deadline
756	for filing of notice of intent to be a party shall be made in
757	accordance with the requirements of s. 403.5363. Such notices
758	shall be published at least 65 days before the date set for the
759	certification hearing.
760	(3)(a) At the conclusion of the certification hearing, the
761	administrative law judge shall, after consideration of all
762	evidence of record, issue a recommended order disposing of the
763	application no later than 60 days after the transcript of the
764	certification hearing and the public hearings is filed with the
765	Division of Administrative Hearings.
766	(b) In the event the administrative law judge fails to
767	issue a recommended order within 60 days after the filing of the
768	hearing transcript, the administrative law judge shall submit a
769	report to the board with a copy to all parties within 60 days
770	after the filing of the hearing transcript to advise the board
771	of the reason for the delay in the issuance of the recommended
772	order and of the date by which the recommended order will be
773	issued.
774	(3)(4)(a) Parties to the proceeding shall be:
775	1. The applicant.
776	2. The department.
777	3. The commission.
778	4. The Department of Community Affairs.
779	5. The Fish and Wildlife Conservation Commission.
780	6. The Department of Transportation.
781	7.6.Each water management district in the jurisdiction of
782	which the proposed transmission line or corridor is to be
783	located.
784	8.7.The local government.
785	9.8.The regional planning council.
786	(b) Any party listed in paragraph (a), other than the
787	department or the applicant, may waive its right to participate
788	in these proceedings. If any listed party fails to file a notice
789	of its intent to be a party on or before the 30th day prior to
790	the certification hearing, such party shall be deemed to have
791	waived its right to be a party unless its participation would
792	not prejudice the rights of any party to the proceeding.
793	(c) Notwithstanding the provisions of chapter 120 to the
794	contrary, upon the filing with the administrative law judge of a
795	notice of intent to be a party by an agency or corporation or
796	association described in subparagraphs 1. and 2. or a petition
797	for intervention by a person described in subparagraph 3. no
798	later than 30 days prior to the date set for the certification
799	hearing, the following shall also be parties to the proceeding:
800	1. Any agency not listed in paragraph (a) as to matters
801	within its jurisdiction.
802	2. Any domestic nonprofit corporation or association
803	formed, in whole or in part, to promote conservation of natural
804	beauty; to protect the environment, personal health, or other
805	biological values; to preserve historical sites; to promote
806	consumer interests; to represent labor, commercial, or
807	industrial groups; or to promote comprehensive planning or
808	orderly development of the area in which the proposed
809	transmission line or corridor is to be located.
810	3. Any person whose substantial interests are affected and
811	being determined by the proceeding.
812	(d) Any agency whose properties or works may be affected
813	shall be made a party upon the request of the agency or any
814	party to this proceeding.
815	(4)(a) At the conclusion of the certification hearing, the
816	administrative law judge shall, after consideration of all
817	evidence of record, issue a recommended order disposing of the
818	application no later than 45 days after the transcript of the
819	certification hearing and the public hearings is filed with the
820	Division of Administrative Hearings.
821	(b) In the event the administrative law judge fails to
822	issue a recommended order within 45 days after the filing of the
823	hearing transcript, the administrative law judge shall submit a
824	report to the siting board with a copy to all parties within 60
825	days after the filing of the hearing transcript to advise the
826	siting board of the reason for the delay in the issuance of the
827	recommended order and of the date by which the recommended order
828	will be issued.
829	(5)(a) No later than 25 days prior to the conduct of the
830	certification hearing, the department or the applicant may
831	request that the administrative law judge cancel the
832	certification hearing and relinquish jurisdiction to the
833	department if all parties to the proceeding stipulate that there
834	are no disputed issues of fact to be raised at the certification
835	hearing.
836	(b) The administrative law judge shall issue an order
837	granting or denying the request within 5 days.
838	(c) If the administrative law judge grants the request, no
839	later than 7 days prior to the date of the originally scheduled
840	certification hearing, the department and the applicant shall
841	publish notices of the cancellation of the certification hearing
842	in accordance with s. 403.5363.
843	(d) If the administrative law judge grants the request,
844	within 30 days after the administrative law judge's order
845	relinquishing jurisdiction, the department shall prepare a
846	recommended order, including proposed conditions of
847	certification, for final action by the siting board. Parties may
848	submit proposed recommended orders to the department no later
849	than 10 days after the administrative law judge issues his or
850	her order relinquishing jurisdiction.
851	(5) When appropriate, any person may be given an
852	opportunity to present oral or written communications to the
853	administrative law judge. If the administrative law judge
854	proposes to consider such communications, all parties shall be
855	given an opportunity to cross-examine or challenge or rebut such
856	communications.
857	(6) The administrative law judge shall have all powers and
858	duties granted to administrative law judges by chapter 120 and
859	by the laws and rules of the department, including the authority
860	to resolve disputes over the completeness or sufficiency of an
861	application for certification.
862	(7) The order of presentation at the certification
863	hearing, unless otherwise changed by the administrative law
864	judge to ensure the orderly presentation of witnesses and
865	evidence, shall be:
866	(a) The applicant.
867	(b) The department.
868	(c) State agencies.
869	(d) Regional agencies, including regional planning
870	councils and water management districts.
871	(e) Local governments.
872	(f) Other parties.
873	(8) The applicant shall pay those expenses and costs
874	associated with the conduct of the hearings and the recording
875	and transcription of the proceedings.
876	Section 12. Subsections (1) and (3) of section 403.5271,
877	Florida Statutes, are amended to read:
878	403.5271 Alternate corridors.--
879	(1) No later than 50 days prior to the originally
880	scheduled certification hearing, any party may propose alternate
881	transmission line corridor routes for consideration pursuant to
882	the provisions of this act.
883	(a) A notice of any such proposed alternate corridor shall
884	be filed with the administrative law judge, all parties, and any
885	local governments in whose jurisdiction the alternate corridor
886	is proposed. Such filing shall include the most recent United
887	States Geological Survey 1:24,000 quadrangle maps specifically
888	delineating the corridor boundaries, a description of the
889	proposed corridor, and a statement of the reasons the proposed
890	alternate corridor should be certified.
891	(b)1.Within 7 days after receipt of such notice, the
892	applicant and the department shall file with the administrative
893	law judge and all parties a notice of acceptance or rejection of
894	a proposed alternate corridor for consideration. If the
895	alternate corridor is rejected either by the applicant or the
896	department, the certification hearing and the public hearings
897	shall be held as scheduled. If both the applicant and the
898	department accept a proposed alternate corridor for
899	consideration, the certification hearing and the public hearings
900	shall be rescheduled, if necessary.
901	2.If rescheduled, the certification hearing shall be held
902	no more than 100 90days after the previously scheduled
903	certification hearing, unless additional time is needed due to
904	the alternate corridor crossing a local government jurisdiction
905	not previously affected, in which case the remainder of the
906	schedule listed below shall be appropriately adjusted by the
907	administrative law judge to allow that local government to
908	prepare a report pursuant to s. 403.526(2)(a)5.
909	(c) Notice of the filing of the alternate, of the revised
910	time schedules, of the deadline for newly affected persons and
911	agencies to file notice of intent to become a party, of the
912	rescheduled hearing date, and of the proceedings pursuant to s.
913	403.527(1)(b) and (c) shall be published in accordance with the
914	requirements of s. 403.5363 at least 65 days prior to the
915	rescheduled hearing.
916	(d) Within 21 25days after acceptance of an alternate
917	corridor by the department and the applicant, the party
918	proposing an alternate corridor shall have the burden of
919	providing all additionaldata to the agencies listed in s.
920	403.526(2), and newly affected agencies,necessary for the
921	preparation of a supplementary report on the proposed alternate
922	corridor.
923	(e)1. Reviewing agencies shall advise the department of
924	their completeness issues no later than 12 days after the
925	submittal of the data required by paragraph (d). If the
926	department determines Within 15 days after receipt of such data,
927	the department shall issue a determination of completeness.
928	2. If the department determines that the this additional
929	data required by paragraph (d) is not complete insufficient, the
930	party proposing the alternate corridor shall file such
931	additional data that corrects the incompleteness. This
932	additional data must be submitted insufficiencywithin 15 days
933	after the filing of the department's determination.
934	3. If such additional information data is determined by
935	the department within 15 days after receipt to be incomplete
936	insufficient, such incompleteness insufficiencyof data shall be
937	deemed a withdrawal of the proposed alternate corridor. The
938	party proposing an alternate corridor shall have the burden of
939	proof on the certifiability of the alternate corridor at the
940	certification hearing pursuant to s. 403.529(4). Nothing in this
941	act shall be construed as requiring the applicant or agencies
942	not proposing the alternate corridor to submit data in support
943	of such alternate corridor.
944	(f) The agencies listed in s. 403.526(2) and any newly
945	affected agencies shall file supplementary reports with the
946	applicant and department that address addressingthe proposed
947	alternate corridors no later than 30 60 days after the
948	additional data is submitted pursuant to paragraph (d) (e) is
949	determined to be complete.
950	(g) The agency reports on alternate corridors shall
951	include all information required by s. 403.526(2) agencies shall
952	submit supplementary notice pursuant to s. 403.531(2) at the
953	time of filing of their supplemental report.
954	(h) The department shall file with the administrative law
955	judge, the applicant, and all parties a project impact prepare a
956	writtenanalysis consistent with s. 403.526(3) at least 29 days
957	prior to the rescheduled certification hearing addressing the
958	proposed alternate corridor.
959	(3)(a)Notwithstanding the rejection of a proposed
960	alternate corridor by the applicant or the department, any party
961	may present evidence at the certification hearing to show that a
962	corridor proper for certification does not satisfy the criteria
963	listed in s. 403.529 or that a rejected alternate corridor would
964	meet the criteria set forth in s. 403.529. No evidence shall be
965	admitted at the certification hearing on any alternate corridor,
966	unless the alternate corridor was proposed by the filing of a
967	notice at least 50 days prior to the originally scheduled
968	certification hearing pursuant to this section. Rejected
969	alternate corridors shall be considered by the board as provided
970	in s. 403.529(4) and (5).
971	(b) The party proposing an alternate corridor shall have
972	the burden of proof on the certifiability of the alternate
973	corridor at the certification hearing pursuant to s. 403.529(4).
974	Nothing in this act shall be construed as requiring the
975	applicant or agencies not proposing the alternate corridor to
976	submit data in support of such alternate corridor.
977	Section 13. Section 403.5272, Florida Statutes, is amended
978	to read:
979	403.5272 Local governments;Informational public
980	meetings.--
981	(1) Local governments or regional planning councilsmay
982	hold informational public meetings in addition to the hearings
983	specifically authorized by this act on any matter associated
984	with the transmission line proceeding. Such informational public
985	meetings should be held no later than 30 80days after the
986	application has been determined complete is filed. The purpose
987	of an informational public meeting is for the local government
988	or regional planning councilto further inform the general
989	public about the transmission line proposed, obtain comments
990	from the public, and formulate its recommendation with respect
991	to the proposed transmission line.
992	(2) Informational public meetings shall be held solely at
993	the option of each local government or regional planning
994	council. It is the legislative intent that local governments or
995	regional planning councilsattempt to hold such public meetings.
996	Parties to the proceedings under this act shall be encouraged to
997	attend; however, no party other than the applicant and the
998	departmentshall be required to attend such informational public
999	hearings.
1000	(3) The failure to hold an informational public meeting or
1001	the procedure used for the informational public meeting shall
1002	not be grounds for the alteration of any time limitation in this
1003	act pursuant to s. 403.528 or grounds to deny or condition
1004	certification.
1005	Section 14. Subsection (1) of section 403.5275, Florida
1006	Statutes, is amended to read:
1007	403.5275 Amendment to the application.--
1008	(1) Any amendment made to the application prior to
1009	certificationshall be sent by the applicant to the
1010	administrative law judge and to all parties to the proceeding.
1011	Section 15. Subsections (1) and (2) and paragraph (e) of
1012	subsection (4) of section 403.529, Florida Statutes, are amended
1013	to read:
1014	403.529 Final disposition of application.--
1015	(1) Within 30 days after receipt of the administrative law
1016	judge's or the department’srecommended order, the board shall
1017	act upon the application by written order, approving in whole,
1018	approving with such conditions as the board deems appropriate,
1019	or denying the certification and stating the reasons for
1020	issuance or denial.
1021	(2) The issues that may be raised in any hearing before
1022	the board shall be limited to matters raised in the
1023	certification proceeding before the administrative law judge or
1024	raised in the administrative law judge’s or department’s
1025	recommended order. All parties, or their representatives, or
1026	persons who appear before the board shall be subject to the
1027	provisions of s. 120.66.
1028	(4) In determining whether an application should be
1029	approved in whole, approved with modifications or conditions, or
1030	denied, the board shall consider whether, and the extent to
1031	which, the location of the transmission line corridor and the
1032	construction and maintenance of the transmission line will:
1033	(e) Effect a reasonable balance between the need for the
1034	transmission line as a means of providing reliable, economically
1035	efficient electric abundant low-cost electricalenergy and the
1036	impact upon the public and the environment resulting from the
1037	location of the transmission line corridor and maintenance of
1038	the transmission lines.
1039	Section 16. Subsections (2) and (3) of section 403.531,
1040	Florida Statutes, are amended to read:
1041	403.531 Effect of certification.--
1042	(2)(a) The certification shall authorize the licensee
1043	applicantto locate the transmission line corridor and to
1044	construct and maintain the transmission lines subject only to
1045	the conditions of certification set forth in such certification.
1046	(b) The certification may include conditions which
1047	constitute variances and exemptions from nonprocedural standards
1048	or regulations of the department or any other agency, which were
1049	expressly considered during the certification review proceeding
1050	unless waived by the agency as provided s. 403.526 belowand
1051	which otherwise would be applicable to the location of the
1052	proposed transmission line corridor or the construction and
1053	maintenance of the transmission lines. Each party shall notify
1054	the applicant and other parties at the time scheduled for the
1055	filing of the agency reports of any nonprocedural requirements
1056	not specifically listed in the application from which a
1057	variance, exemption, exception, or other relief is necessary in
1058	order for the board to certify any corridor proposed for
1059	certification. Failure of such notification shall be treated as
1060	a waiver from the nonprocedural requirements of that agency.
1061	(3)(a)The certification shall be in lieu of any license,
1062	permit, certificate, or similar document required by any agency
1063	pursuant to, but not limited to, chapter 125, chapter 161,
1064	chapter 163, chapter 166, chapter 186, chapter 253, chapter 258,
1065	chapter 298, chapter 370, chapter 373, chapter 376, chapter 380,
1066	chapter 381, chapter 387, chapter 403, chapter 404, orthe
1067	Florida Transportation Code, or 33 U.S.C. s. 1341.
1068	(b)On certification, any license, easement, or other
1069	interest in state lands, except those the title of which is
1070	vested in the Board of Trustees of the Internal Improvement
1071	Trust Fund, shall be issued by the appropriate agency as a
1072	ministerial act. The applicant shall be required to seek any
1073	necessary interest in state lands the title to which is vested
1074	in the Board of Trustees of the Internal Improvement Trust Fund
1075	from the board of trustees before, during, or after the
1076	certification proceeding, and certification may be made
1077	contingent upon issuance of the appropriate interest in realty.
1078	However, neither the applicant nor any party to the
1079	certification proceeding may directly or indirectly raise or
1080	relitigate any matter which was or could have been an issue in
1081	the certification proceeding in any proceeding before the Board
1082	of Trustees of the Internal Improvement Trust Fund wherein the
1083	applicant is seeking a necessary interest in state lands, but
1084	the information presented in the certification proceeding shall
1085	be available for review by the board of trustees and its staff.
1086	Section 17. Section 403.5312, Florida Statutes, is amended
1087	to read:
1088	403.5312 Filing Recordingof notice of certified corridor
1089	route.--
1090	(1)Within 60 days after certification of a directly
1091	associated transmission line pursuant to ss. 403.501-403.518 or
1092	a transmission line corridor pursuant to ss. 403.52-403.5365,
1093	the applicant shall file, in accordance with s. 28.222, with the
1094	department andthe clerk of the circuit court for each county
1095	through which the corridor will pass, a notice of the certified
1096	route.
1097	(2)The notice shall consist of maps or aerial photographs
1098	in the scale of 1:24,000 which clearly show the location of the
1099	certified route and shall state that the certification of the
1100	corridor will result in the acquisition of rights-of-way within
1101	the corridor. Each clerk shall record the filing in the official
1102	record of the county for the duration of the certification or
1103	until such time as the applicant certifies to the department and
1104	the clerk that all lands required for the transmission line
1105	rights-of-way within the corridor have been acquired within such
1106	county, whichever is sooner.
1107	(3)The recording of this notice shall not constitute a
1108	lien, cloud, or encumbrance on real property.
1109	Section 18. Section 403.5317, Florida Statutes, is created
1110	to read:
1111	403.5317 Postcertification amendments.--
1112	(1) If, subsequent to certification by the board, a
1113	licensee proposes any material change to the application, and
1114	revisions or amendments thereto, as certified, the licensee
1115	shall submit to the department a written request for amendment
1116	and description of the proposed change to the application. The
1117	department shall, within 30 days after the receipt of the
1118	request for the amendment, determine whether the proposed change
1119	to the application requires a modification of the conditions of
1120	certification.
1121	(2) If the department concludes that the change would not
1122	require a modification of the conditions of certification, the
1123	department shall notify, in writing, the licensee, all agencies,
1124	and all parties of the approval of the proposed amendment.
1125	(3) If the department concludes that the change would
1126	require a modification of the conditions of certification, the
1127	department shall notify the licensee that the proposed change to
1128	the application requires a request for modification pursuant to
1129	s. 403.5315.
1130	Section 19. Section 403.5363, Florida Statutes, is created
1131	to read:
1132	403.5363 Public notices, requirements.--
1133	(1)(a) The applicant shall arrange for the publication of
1134	the following notices. Such notices shall be published in
1135	newspapers of general circulation within counties crossed by the
1136	transmission line corridors proper for certification:
1137	1. Notice of the submittal of the application, which shall
1138	include a description of the proceedings required by this act.
1139	Such notice shall give notice of the provisions of s. 403.531(1)
1140	and (2) and the notice of the deadline for filing of notice of
1141	intent to be a party.
1142	2. Notice of the certification hearing.
1143	3. Notice of the cancellation of the certification
1144	hearing, if applicable.
1145	4. Notice of filing of a modification proposal submitted
1146	pursuant to s. 403.5315, if the department determines that the
1147	modification would require relocation or expansion of the
1148	transmission line right-of-way or a certified substation.
1149	(b) The proponent of an alternate corridor shall arrange
1150	for the publication of the filing of the alternate, of the
1151	revised time schedules, of the deadline for newly affected
1152	persons and agencies to file notice of intent to become a party,
1153	and of the rescheduled hearing dates. Such notices shall be
1154	published in newspapers of general circulation within counties
1155	crossed by the proposed alternate corridor.
1156	(c) The department shall arrange for publication of the
1157	following notices in the manner specified by chapter 120:
1158	1. Notice of the submittal of the application and the
1159	deadline to become a party.
1160	2. Notice of any administrative hearings on certification.
1161	3. Notice of the cancellation of the certification
1162	hearings, if applicable.
1163	4. Notice of the hearing before the siting board.
1164	5. Notice of stipulations, proposed agency action, or
1165	petitions for modification.
1166	(2) The department shall adopt rules specifying the
1167	content of notices required by this section. All notices
1168	published by the applicant shall be paid for by the applicant
1169	and shall be in addition to the application fee.
1170	Section 20. Section 403.5365, Florida Statutes, is amended
1171	to read:
1172	403.5365 Fees; disposition.--The department shall charge
1173	the applicant the following fees, as appropriate, which, unless
1174	otherwise specified,shall be paid into the Florida Permit Fee
1175	Trust Fund:
1176	(1) An application fee of $150,000 $100,000, plus $750 per
1177	mile for each mile of corridor in which the transmission line
1178	right-of-way is proposed to be located within an existing
1179	electric electricaltransmission line right-of-way or within any
1180	existing right-of-way for any road, highway, railroad, or other
1181	aboveground linear facility, or $1,000 per mile for each mile of
1182	electrictransmission line corridor proposed to be located
1183	outside such existing right-of-way.
1184	(a) Fifty Sixtypercent of the fee shall go to the
1185	department to cover any costs associated with coordinating the
1186	review of reviewing and acting uponthe application and any
1187	costs for fieldservices associated with monitoring construction
1188	and operation of the electric transmission linefacility.
1189	(b) The following sums Twenty percent of the fees
1190	specified under this section, except postcertification fees,
1191	shall be transferred to the Administrative Trust Fund of the
1192	Division of Administrative Hearings of the Department of
1193	Management Services:
1194	1. Five percent to compensate for expenses from the
1195	initial exercise of duties associated with the filing of an
1196	application.
1197	2. An additional 10 percent if an administrative hearing
1198	pursuant to s. 403.527 is held.
1199	(c) Upon written request with proper itemized accounting
1200	within 90 days after final agency action by the board or
1201	withdrawal of the application, the agencies that prepared
1202	reports pursuant to s. 403.526 or s. 403.5271 or participated in
1203	a hearing pursuant to s. 403.527 or s. 403.5271 may submit a
1204	written request to the department for reimbursement of expenses
1205	incurred during the certification proceedings. The request shall
1206	contain an accounting of expenses incurred, which may include
1207	time spent reviewing the application, department shall reimburse
1208	the expenses and costs of the Department of Community Affairs,
1209	the Fish and Wildlife Conservation Commission, the water
1210	management district, regional planning council, and local
1211	government in the jurisdiction of which the transmission line is
1212	to be located. Such reimbursement shall be authorized for the
1213	preparation of any studies required of the agencies by this act,
1214	and foragency travel and per diem to attend any hearing held
1215	pursuant to this act, and for the local government's or regional
1216	planning council's provision of additional notice of the
1217	informational public meetings government to participate in the
1218	proceedings. The department shall review the request and verify
1219	that the expenses are valid. Valid expenses shall be reimbursed;
1220	however, in the event the amount of funds available for
1221	reimbursement allocation is insufficient to provide for full
1222	compensation complete reimbursement to the agencies requesting
1223	reimbursement, reimbursement shall be on a prorated basis.
1224	(d) If any sums are remaining, the department shall retain
1225	them for its use in the same manner as is otherwise authorized
1226	by this section; provided, however, thatif the certification
1227	application is withdrawn prior to the initial determination on
1228	completeness, one-half of the application fee the remaining sums
1229	shall be refunded to the applicant within 90 days after
1230	withdrawal.
1231	(2) An amendment fee.
1232	(a) If no corridor alignment change is proposed by the
1233	amendment, no amendment fee shall be charged.
1234	(b) If a corridor alignment change pursuant to s.
1235	403.5275(2)is proposed by the applicant, an additional fee of a
1236	minimum of $2,000 and $750 per mile shall be submitted to the
1237	department for use in accordance with this act.
1238	(c) If an amendment is required to address issues,
1239	including alternate corridors pursuant to s. 403.5271, raised by
1240	the department or other parties, no fee for such amendment shall
1241	be charged.
1242	(3) A certification modification fee.
1243	(a) If no corridor alignment change is proposed by the
1244	licensee applicant, the modification fee shall be $4,000.
1245	(b) If a corridor alignment change is proposed by the
1246	licensee applicant, the fee shall be $1,000 for each mile of
1247	realignment plus an amount not to exceed $10,000 to be fixed by
1248	rule on a sliding scale based on the load-carrying capability
1249	and configuration of the transmission line for use in accordance
1250	with subsection (2).
1251	Section 21. Section 403.5369, Florida Statutes, is
1252	repealed.
1253	Section 22. Paragraphs (a) and (c) of subsection (1) of
1254	section 403.537, Florida Statutes, are amended to read:
1255	403.537 Determination of need for transmission line;
1256	powers and duties.--
1257	(1)(a) Upon request by an applicant or upon its own
1258	motion, the Florida Public Service Commission shall schedule a
1259	public hearing, after notice, to determine the need for a
1260	transmission line regulated by the Florida ElectricTransmission
1261	Line Siting Act, ss. 403.52-403.5365. Such notice shall be
1262	published at least 21 45days before the date set for the
1263	hearing and shall be published in at least one-quarter page size
1264	notice in newspapers of general circulation, in the Florida
1265	Administrative Weekly, by giving notice to counties and regional
1266	planning councils in whose jurisdiction the transmission line
1267	could be placed, and by giving notice to any persons who have
1268	requested to be placed on the mailing list of the commission for
1269	this purpose. Within 21 days after receipt of a request for
1270	determination by an applicant, the commission shall set a date
1271	for the hearing. The hearing shall be held pursuant to s. 350.01
1272	within 45 days after the filing of the request, and a decision
1273	shall be rendered within 60 days after such filing.
1274	(c) The determination by the commission of the need for
1275	the transmission line, as defined in s. 403.522(21), is binding
1276	on all parties to any certification proceeding pursuant to the
1277	Florida ElectricTransmission Line Siting Act and is a condition
1278	precedent to the conduct of the certification hearing prescribed
1279	therein. An order entered pursuant to this section constitutes
1280	final agency action.
1281	Section 23. Subsection (3) of section 373.441, Florida
1282	Statutes, is amended to read:
1283	373.441 Role of counties, municipalities, and local
1284	pollution control programs in permit processing.--
1285	(3) The department shall review environmental resource
1286	permit applications for electrical distribution and transmission
1287	lines and other facilities related to the production,
1288	transmission, and distribution of electricity which are not
1289	certified under ss. 403.52-403.5365, the Florida Electric
1290	Transmission Line Siting Act, regulated under this part.
1291	Section 24. Subsection (30) of section 403.061, Florida
1292	Statutes, is amended to read:
1293	403.061 Department; powers and duties.--The department
1294	shall have the power and the duty to control and prohibit
1295	pollution of air and water in accordance with the law and rules
1296	adopted and promulgated by it and, for this purpose, to:
1297	(30) Establish requirements by rule that reasonably
1298	protect the public health and welfare from electric and magnetic
1299	fields associated with existing 230 kV or greater electrical
1300	transmission lines, new 230 kV and greater electrical
1301	transmission lines for which an application for certification
1302	under the Florida ElectricTransmission Line Siting Act, ss.
1303	403.52-403.5365, is not filed, new or existing electrical
1304	transmission or distribution lines with voltage less than 230
1305	kV, and substation facilities. Notwithstanding any other
1306	provision in this chapter or any other law of this state or
1307	political subdivision thereof, the department shall have
1308	exclusive jurisdiction in the regulation of electric and
1309	magnetic fields associated with all electrical transmission and
1310	distribution lines and substation facilities. However, nothing
1311	herein shall be construed as superseding or repealing the
1312	provisions of s. 403.523(1) and (10).
1313
1314	The department shall implement such programs in conjunction with
1315	its other powers and duties and shall place special emphasis on
1316	reducing and eliminating contamination that presents a threat to
1317	humans, animals or plants, or to the environment.
1318	Section 25. Paragraph (a) of subsection (3) of section
1319	403.0876, Florida Statutes, is amended to read:
1320	403.0876 Permits; processing.--
1321	(3)(a) The department shall establish a special unit for
1322	permit coordination and processing to provide expeditious
1323	processing of department permits which the district offices are
1324	unable to process expeditiously and to provide accelerated
1325	processing of certain permits or renewals for economic and
1326	operating stability. The ability of the department to process
1327	applications pursuant to this subsection in a more timely manner
1328	than allowed by subsections (1) and (2) is dependent upon the
1329	timely exchange of information between the applicant and the
1330	department and the intervention of outside parties as allowed by
1331	law. An applicant may request the processing of its permit
1332	application by the special unit if the application is from an
1333	area of high unemployment or low per capita income, is from a
1334	business or industry that is the primary employer within an
1335	area's labor market, or is in an industry with respect to which
1336	the complexities involved in the review of the application
1337	require special skills uniquely available in the headquarters
1338	office. The department may require the applicant to waive the
1339	90-day time limitation for department issuance or denial of the
1340	permit once for a period not to exceed 90 days. The department
1341	may require a special fee to cover the direct cost of processing
1342	special applications in addition to normal permit fees and
1343	costs. The special fee may not exceed $10,000 per permit
1344	required. Applications for renewal permits, but not applications
1345	for initial permits, required for facilities pursuant to the
1346	Electrical Power Plant Siting Act or the Florida Electric
1347	Transmission Line Siting Act may be processed under this
1348	subsection. Personnel staffing the special unit shall have
1349	lengthy experience in permit processing.
1350	Section 26. Paragraph (b) of subsection (3) of section
1351	403.809, Florida Statutes, is amended to read:
1352	403.809 Environmental districts; establishment; managers;
1353	functions.--
1354	(3)
1355	(b) The processing of all applications for permits,
1356	licenses, certificates, and exemptions shall be accomplished at
1357	the district center or the branch office, except for those
1358	applications specifically assigned elsewhere in the department
1359	under s. 403.805 or to the water management districts under s.
1360	403.812 and those applications assigned by interagency agreement
1361	as provided in this act. However, the secretary, as head of the
1362	department, may not delegate to district or subdistrict
1363	managers, water management districts, or any unit of local
1364	government the authority to act on the following types of permit
1365	applications:
1366	1. Permits issued under s. 403.0885, except such permit
1367	issuance may be delegated to district managers.
1368	2. Construction of major air pollution sources.
1369	3. Certifications under the Florida Electrical Power Plant
1370	Siting Act or the Florida ElectricTransmission Line Siting Act
1371	and the associated permit issued under s. 403.0885, if
1372	applicable.
1373	4. Permits issued under s. 403.0885 to steam electric
1374	generating facilities regulated pursuant to 40 C.F.R. part 423.
1375	5. Permits issued under s. 378.901.
1376	Section 27. This act shall take effect upon becoming a
1377	law.