HB 0689

CS

CHAMBER ACTION

1	The Committee on Natural Resources recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to electric transmission line siting;
7	amending s. 403.52, F.S.; changing the short title to the
8	"Florida Electric Transmission Line Siting Act"; amending
9	s. 403.521, F.S.; revising legislative intent; amending s.
10	403.522, F.S.; revising definitions; defining "licensee";
11	amending s. 403.523, F.S.; revising powers and duties of
12	the Department of Environmental Protection; requiring the
13	department to collect and process fees, to prepare a
14	project impact analysis, to act as clerk for the siting
15	board, and to administer and manage the terms and
16	conditions of the certification order and supporting
17	documents and records; amending s. 403.524, F.S.; revising
18	provisions for applicability, certification, and
19	exemptions under the act; requiring the application to
20	contain the starting point and ending point of a
21	transmission line specifically defined by the applicant
22	and verified by the commission; revising provisions for
23	notice by an electric utility of its intent to construct
24	an exempted transmission line; amending s. 403.525, F.S.;
25	providing for powers and duties of the administrative law
26	judge designated by the Division of Administrative
27	Hearings to conduct the required hearings; amending s.
28	403.5251, F.S.; revising application procedures and
29	schedules; providing for the formal date of certification
30	application filing and commencement of the certification
31	review process; requiring the department to prepare a
32	proposed schedule of dates for determination of
33	completeness and other significant dates to be followed
34	during the certification process; providing for the formal
35	date of application distribution; requiring the applicant
36	to file notice of distribution and notice of filing of the
37	application; amending s. 403.5252, F.S.; revising
38	timeframes and procedures for determination of
39	completeness of the application; requiring the department
40	to consult with affected agencies; revising requirements
41	for the department to file a statement of its
42	determination of completeness with the Division of
43	Administrative Hearings, the applicant, and all parties
44	within a certain time after distribution of the
45	application; revising requirements for the applicant to
46	file a statement with the department, the division, and
47	all parties, if the department determines the application
48	is not complete; providing for that statement to notify
49	the department that the information will not be provided;
50	revising timeframes and procedures for contests of the
51	determination by the department; providing for parties to
52	a hearing on the issue of completeness; repealing s.
53	403.5253, F.S., relating to determination of sufficiency
54	of application or amendment to the application; amending
55	s. 403.526, F.S.; revising criteria and procedures for
56	preliminary statements of issues, reports, and studies;
57	revising timeframes; requiring the preliminary statement
58	of issues from each affected agency be submitted to all
59	parties; revising criteria for the Department of Community
60	Affairs' report; requiring the Department of
61	Transportation to prepare an impact report; providing for
62	project impact reports from other agencies; revising
63	required content of the reports; providing for notice of
64	any agency nonprocedural requirements not listed in the
65	application; providing for failure to provide such
66	notification; providing for a recommendation for approval
67	or denial of the application; providing for receipt of an
68	affirmative determination of need to be a condition
69	precedent to further processing of the application;
70	requiring the department to prepare a project impact
71	analysis to be filed with the administrative law judge and
72	served on all parties within a certain timeframe; amending
73	s. 403.527, F.S.; revising procedures and timeframes for
74	the certification hearing conducted by the administrative
75	law judge; revising provisions for notices and publication
76	of notices, public hearings held by local governments,
77	testimony at the public hearing portion of the
78	certification hearing, the order of presentations at the
79	hearing, consideration of certain communications by the
80	administrative law judge, requiring the applicant to pay
81	certain expenses and costs, and requiring the
82	administrative law judge to issue a recommended order
83	disposing of the application; requiring certain notices be
84	made in accordance with specified requirements and within
85	a certain timeframe; specifying the Department of
86	Transportation as a party to the proceedings; providing
87	for the administrative law judge to cancel the
88	certification hearing and relinquish jurisdiction to the
89	department upon request by the applicant or the
90	department; requiring the department and the applicant to
91	publish notice of such cancellation; providing for parties
92	to submit proposed recommended orders to the department
93	when the certification hearing has been canceled;
94	providing for the department to prepare a recommended
95	order for final action by the siting board when the
96	hearing has been canceled; amending s. 403.5271, F.S.;
97	revising procedures and timeframes for consideration of
98	proposed alternate corridors; revising notice
99	requirements; providing for notice of the filing of the
100	alternate corridor and revised time schedules; providing
101	for notice to agencies newly affected by the proposed
102	alternate corridor; requiring the person proposing the
103	alternate corridor to provide all data to the agencies
104	within a certain timeframe; providing for determination by
105	the department that the data is not complete; providing
106	for withdrawal of the proposed alternate corridor upon
107	such determination; providing for agencies to file reports
108	with the applicant and department that address the
109	proposed alternate corridor; providing for the department
110	to file with the administrative law judge, the applicant,
111	and all parties a project impact analysis of the proposed
112	alternate corridor; providing that the party proposing an
113	alternate corridor shall have the burden of proof on the
114	certifiability of the alternate corridor; amending s.
115	403.5272, F.S.; revising procedures for informational
116	public meetings; providing for informational public
117	meetings held by regional planning councils; revising
118	timeframes; amending s. 403.5275, F.S.; revising
119	provisions for amendment to the application prior to
120	certification; amending s. 403.529, F.S.; revising
121	provisions for final disposition of the application by the
122	siting board; providing for the administrative law judge's
123	or department's recommended order; amending s. 403.531,
124	F.S.; revising provisions for conditions of certification;
125	amending s. 403.5312, F.S.; requiring the applicant to
126	file notice of a certified corridor route with the
127	department; creating s. 403.5317, F.S.; providing
128	procedures for changes proposed by the licensee after
129	certification; requiring the department to determine
130	within a certain time if the proposed change requires
131	modification of the conditions of certification; requiring
132	notice to the licensee, all agencies, and all parties of
133	changes that are approved as not requiring modification of
134	the conditions of certification; creating s. 403.5363,
135	F.S.; requiring publication of certain notices by the
136	applicant, the proponent of an alternate corridor, and the
137	department; requiring the department to adopt rules
138	specifying the content of such notices; amending s.
139	403.5365, F.S.; revising application fees and the
140	distribution of fees collected; revising procedures for
141	reimbursement of local governments and regional planning
142	organizations; repealing s. 403.5369, F.S., relating to
143	application of the act to applications prior to a certain
144	date; amending s. 403.537, F.S.; revising the schedule for
145	notice of a public hearing by the Public Service
146	Commission to determine the need for a transmission line;
147	amending ss. 373.441, 403.061, 403.0876, and 403.809,
148	F.S.; conforming terminology; providing an effective date.
149
150	Be It Enacted by the Legislature of the State of Florida:
151
152	Section 1.  Section 403.52, Florida Statutes, is amended to
153	read:
154	403.52  Popular name Short title.--Sections 403.52-403.5365
155	may be known by the popular name cited as the "Florida Electric
156	Transmission Line Siting Act."
157	Section 2.  Section 403.521, Florida Statutes, is amended
158	to read:
159	403.521  Legislative intent.--The legislative intent of
160	this act is to establish a centralized and coordinated licensing
161	permitting process for the location of electric transmission
162	line corridors and the construction and maintenance of electric
163	transmission lines, which necessarily involves several broad
164	interests of the public addressed through the subject matter
165	jurisdiction of several agencies. The Legislature recognizes
166	that electric transmission lines will have an effect upon
167	electric power system reliability, the environment, land use,
168	and the welfare of the population. Recognizing the need to
169	ensure electric power system reliability and integrity, and in
170	order to meet electric electrical energy needs in an orderly and
171	timely fashion, the centralized and coordinated licensing
172	permitting process established by this act is intended to
173	further the legislative goal of ensuring through available and
174	reasonable methods that the location of transmission line
175	corridors and the construction and maintenance of transmission
176	lines produce minimal adverse effects on the environment and
177	public health, safety, and welfare while not unduly conflicting
178	with the goals established by the applicable local comprehensive
179	plan. It is the intent of this act to fully balance the need for
180	transmission lines with the broad interests of the public in
181	order to effect a reasonable balance between the need for the
182	facility as a means of providing reliable, economically
183	efficient electric abundant low-cost electrical energy and the
184	impact on the public and the environment resulting from the
185	location of the transmission line corridor and the construction
186	and maintenance of the transmission lines. The Legislature
187	intends that the provisions of chapter 120 apply to this act and
188	to proceedings pursuant to it except as otherwise expressly
189	exempted by other provisions of this act.
190	Section 3.  Section 403.522, Florida Statutes, is amended
191	to read:
192	403.522  Definitions relating to the Florida Electric
193	Transmission Line Siting Act.--As used in this act:
194	(1)  "Act" means the Florida Electric Transmission Line
195	Siting Act.
196	(2)  "Agency," as the context requires, means an official,
197	officer, commission, authority, council, committee, department,
198	division, bureau, board, section, or other unit or entity of
199	government, including a county, municipality, or other regional
200	or local governmental entity.
201	(3)  "Amendment" means a material change in information
202	provided by the applicant to the application for certification
203	made after the initial application filing.
204	(4)  "Applicant" means any electric utility which applies
205	for certification pursuant to the provisions of this act.
206	(5)  "Application" means the documents required by the
207	department to be filed to initiate and support a certification
208	review and evaluation, including the initial document filing,
209	amendments, and responses to requests from the department for
210	additional data and information proceeding. An electric utility
211	may file a comprehensive application encompassing all or a part
212	of one or more proposed transmission lines.
213	(6)  "Board" means the Governor and Cabinet sitting as the
214	siting board.
215	(7)  "Certification" means the approval by the board of a
216	corridor proper for certification pursuant to subsection (10)
217	and the construction and maintenance of transmission lines
218	within such corridor with such changes or conditions as the
219	board deems appropriate. Certification shall be evidenced by a
220	written order of the board.
221	(8)  "Commission" means the Florida Public Service
222	Commission.
223	(9)  "Completeness" means that the application has
224	addressed all applicable sections of the prescribed application
225	format and, but does not mean that those sections are sufficient
226	in comprehensiveness of data or in quality of information
227	provided to allow the department to determine whether the
228	application provides the reviewing agencies adequate information
229	to prepare the reports required by s. 403.526.
230	(10)  "Corridor" means the proposed area within which a
231	transmission line right-of-way, including maintenance and access
232	roads, is to be located. The width of the corridor proposed for
233	certification by an applicant or other party, at the option of
234	the applicant, may be the width of the transmission line right-
235	of-way, or a wider boundary, not to exceed a width of one-half 1
236	mile. The area within the corridor in which a right-of-way may
237	be located may be further restricted by a condition of
238	certification. After all property interests required for the
239	transmission line right-of-way have been acquired by the
240	applicant, the boundaries of the area certified shall narrow to
241	only that land within the boundaries of the transmission line
242	right-of-way, maintenance roads, and access roads. The corridors
243	proper for certification shall be those addressed in the
244	application, in amendments to the application filed pursuant to
245	s. 403.5275, and in notices of acceptance of proposed alternate
246	corridors filed by an applicant and the department pursuant to
247	s. 403.5271 for which the required sufficient information for
248	the preparation of agency supplemental reports was filed.
249	(11)  "Department" means the Department of Environmental
250	Protection.
251	(12)  "Electric utility" means cities and towns, counties,
252	public utility districts, regulated electric companies, electric
253	cooperatives, regional transmission organizations, independent
254	transmission system operators, or similar entities created and
255	approved pursuant to the Federal Energy Regulatory Commission's
256	Order 2000, and joint operating agencies, or combinations
257	thereof, engaged in, or authorized to engage in, the business of
258	generating, transmitting, or distributing electric energy.
259	(13)  "License" means a franchise, permit, certification,
260	registration, charter, comprehensive plan amendment, development
261	order, or permit as defined in chapters 163 and 380, or similar
262	form of authorization required by law, but it does not include a
263	license required primarily for revenue purposes when issuance of
264	the license is merely a ministerial act.
265	(14)  "Licensee" means an applicant that has obtained a
266	certification order for the subject project.
267	(15)(14)  "Local government" means a municipality or county
268	in the jurisdiction of which the project is proposed to be
269	located.
270	(16)(15)  "Modification" means any change in the
271	certification order after issuance, including a change in the
272	conditions of certification.
273	(17)(16)  "Nonprocedural requirements of agencies" means
274	any agency's regulatory requirements established by statute,
275	rule, ordinance, or comprehensive plan, excluding any provisions
276	prescribing forms, fees, procedures, or time limits for the
277	review or processing of information submitted to demonstrate
278	compliance with such regulatory requirements.
279	(18)(17)  "Person" means an individual, partnership, joint
280	venture, private or public corporation, association, firm,
281	public service company, political subdivision, municipal
282	corporation, government agency, public utility district, or any
283	other entity, public or private, however organized.
284	(19)(18)  "Preliminary statement of issues" means a listing
285	and explanation of those issues within the agency's jurisdiction
286	which are of major concern to the agency in relation to the
287	proposed electric electrical transmission line corridor.
288	(20)(19)  "Regional planning council" means a regional
289	planning council as defined in s. 186.503(4) in the jurisdiction
290	of which the project is proposed to be located.
291	(20)  "Sufficiency" means that the application is not only
292	complete but that all sections are adequate in the
293	comprehensiveness of data and in the quality of information
294	provided to allow the department to determine whether the
295	application provides the reviewing agencies adequate information
296	to prepare the reports authorized by s. 403.526.
297	(21)  "Transmission line" means all structures, all
298	maintenance and access roads, and all other facilities that need
299	to be constructed, operated, or maintained for the purpose of
300	conveying electric power any electrical transmission line
301	extending from, but not including, an existing or proposed
302	substation or power plant to, but not including, an existing or
303	proposed transmission network or rights-of-way or substation to
304	which the applicant intends to connect which defines the end of
305	the proposed project and which is designed to operate at 230
306	kilovolts or more. The starting point and ending point of a
307	transmission line must be specifically defined by the applicant
308	and must be verified by the commission in its determination of
309	need. A transmission line includes structures and maintenance
310	and access roads that need to be constructed for the project to
311	become operational. The transmission line may include, at the
312	applicant's option, any proposed terminal or intermediate
313	substations or substation expansions necessary to serve the
314	transmission line.
315	(22)  "Transmission line right-of-way" means land necessary
316	for the construction and maintenance of a transmission line. The
317	typical width of the right-of-way shall be identified in the
318	application. The right-of-way shall be located within the
319	certified corridor and shall be identified by the applicant
320	subsequent to certification in documents filed with the
321	department prior to construction.
322	(23)  "Water management district" means a water management
323	district created pursuant to chapter 373 in the jurisdiction of
324	which the project is proposed to be located.
325	Section 4.  Section 403.523, Florida Statutes, is amended
326	to read:
327	403.523  Department of Environmental Protection; powers and
328	duties.--The department shall have the following powers and
329	duties:
330	(1)  To adopt procedural rules pursuant to ss. 120.536(1)
331	and 120.54 to implement the provisions of this act and to adopt
332	or amend rules to implement the provisions of subsection (10).
333	(2)  To prescribe the form and content of the public
334	notices and the form, content, and necessary supporting
335	documentation, and any required studies, for certification
336	applications. All such data and studies shall be related to the
337	jurisdiction of the agencies relevant to the application.
338	(3)  To receive applications for transmission line and
339	corridor certifications and initially determine the completeness
340	and sufficiency thereof.
341	(4)  To make or contract for studies of certification
342	applications. All such studies shall be related to the
343	jurisdiction of the agencies relevant to the application. For
344	studies in areas outside the jurisdiction of the department and
345	in the jurisdiction of another agency, the department may
346	initiate such studies, but only with the consent of such agency.
347	(5)  To administer the processing of applications for
348	certification and ensure that the applications are processed as
349	expeditiously as possible.
350	(6)  To collect and process require such fees as allowed by
351	this act.
352	(7)  To prepare a report and a project impact written
353	analysis as required by s. 403.526.
354	(8)  To prescribe the means for monitoring the effects
355	arising from the location of the transmission line corridor and
356	the construction and maintenance of the transmission lines to
357	assure continued compliance with the terms of the certification.
358	(9)  To make a determination of acceptability of any
359	alternate corridor proposed for consideration pursuant to s.
360	403.5271.
361	(10)  To set requirements that reasonably protect the
362	public health and welfare from the electric and magnetic fields
363	of transmission lines for which an application is filed pursuant
364	to after the effective date of this act.
365	(11)  To act as clerk for the siting board.
366	(12)  To administer and manage the terms and conditions of
367	the certification order and supporting documents and records for
368	the life of the facility.
369	(11)  To present rebuttal evidence on any issue properly
370	raised at the certification hearing.
371	Section 5.  Section 403.524, Florida Statutes, is amended
372	to read:
373	403.524  Applicability; and certification; exemptions.--
374	(1)  The provisions of this act apply to each transmission
375	line as defined herein, except a transmission line certified
376	pursuant to the Florida Electrical Power Plant Siting Act. In
377	the application, the starting point and ending point of a
378	transmission line must be specifically defined by the applicant
379	and must be verified by the commission in its determination of
380	need.
381	(2)  Except as provided in subsection (1), no construction
382	of any transmission line may be undertaken without first
383	obtaining certification under this act, but the provisions of
384	this act do not apply to:
385	(a)  Transmission lines for which development approval has
386	been obtained pursuant to chapter 380.
387	(b)  Transmission lines which have been exempted by a
388	binding letter of interpretation issued under s. 380.06(4), or
389	in which the Department of Community Affairs or its predecessor
390	agency has determined the utility to have vested development
391	rights within the meaning of s. 380.05(18) or s. 380.06(20).
392	(c)  Transmission line development in which all
393	construction is limited to established rights-of-way.
394	Established rights-of-way include such rights-of-way established
395	at any time for roads, highways, railroads, gas, water, oil,
396	electricity, or sewage and any other public purpose rights-of-
397	way. If an established transmission line right-of-way is used to
398	qualify for this exemption from the act, the transmission line
399	right-of-way must have been established at least 5 years prior
400	to the start of construction of the proposed transmission line.
401	If an established transmission line right-of-way is relocated to
402	accommodate a public project, the date of establishment of the
403	original transmission line right-of-way shall apply to the
404	relocated transmission line right-of-way for purposes of this
405	exemption. Except for transmission line rights-of-way,
406	established rights-of-way include rights-of-way created before
407	or after October 1, 1983. For transmission line rights-of-way,
408	established rights-of-way include rights-of-way created before
409	October 1, 1983.
410	(d)  Transmission lines which are less than 15 miles in
411	length or which do not cross a county line, unless the applicant
412	has elected to apply for certification under the act.
413	(3)  The exemption of a transmission line under this act
414	does not constitute an exemption for the transmission line from
415	other applicable permitting processes under other provisions of
416	law or local government ordinances.
417	(4)  A utility shall notify the department in writing,
418	prior to the start of construction, of the electric utility's
419	its intent to construct a transmission line exempted pursuant to
420	this section. Such notice shall be only for information
421	purposes, and no action by the department shall be required
422	pursuant to such notice. Notice may be included in any
423	demonstration filed with the department prior to the start of
424	construction that a new transmission line complies with the
425	applicable electric and magnetic field standards.
426	Section 6.  Section 403.525, Florida Statutes, is amended
427	to read:
428	403.525  Administrative law judge; appointment; powers and
429	duties of administrative law judge.--
430	(1)  Within 7 days after receipt of an application, whether
431	complete or not, the department shall request the Division of
432	Administrative Hearings to designate an administrative law judge
433	to conduct the hearings required by this act. The division
434	director shall designate an administrative law judge to conduct
435	the hearings required by this act within 7 days after receipt of
436	the request from the department. Whenever practicable, the
437	division director shall assign an administrative law judge who
438	has had prior experience or training in this type of
439	certification proceeding. Upon being advised that an
440	administrative law judge has been designated, the department
441	shall immediately file a copy of the application and all
442	supporting documents with the administrative law judge, who
443	shall docket the application.
444	(2)  The administrative law judge shall have all powers and
445	duties granted to administrative law judges by chapter 120 and
446	by the laws and rules of the department.
447	Section 7.  Section 403.5251, Florida Statutes, is amended
448	to read:
449	403.5251  Distribution of application; schedules.--
450	(1)  The formal date of certification application filing
451	and commencement of the certification review process shall be
452	the date on which the applicant has submitted to the department
453	copies of the certification application in a quantity identified
454	by rule and the certification application fee specified under s.
455	403.5365. One copy of the application shall be submitted in
456	electronic format.
457	(2)  Within 7 days after the filing of an application, the
458	department shall provide the applicant and the Division of
459	Administrative Hearings the names and addresses of those
460	affected or other agencies entitled to notice and copies of the
461	application and any amendments.
462	(3)(2)  Within 15 7 days after the formal date of the
463	application filing completeness has been determined, the
464	department shall prepare a proposed schedule of dates for
465	determination of completeness, submission of statements of
466	issues, determination of sufficiency, and submittal of final
467	reports, from affected and other agencies and other significant
468	dates to be followed during the certification process, including
469	dates for filing notices of appearances to be a party pursuant
470	to s. 403.527(3)(4). This schedule shall be provided by the
471	department to the applicant, the administrative law judge, and
472	the agencies identified pursuant to subsection (2) (1).
473	(4)(3)  Within 15 7 days after the filing of the
474	application completeness has been determined, the applicant
475	shall distribute copies of the application to all agencies
476	identified by the department pursuant to subsection (2) (1). The
477	applicant shall file a notice that the application has been
478	distributed to the administrative law judge and the department.
479	The formal date of the distribution of the application shall be
480	the date on which such notice is filed. Copies of changes and
481	amendments to the application shall be timely distributed by the
482	applicant to all agencies and parties who have received a copy
483	of the application.
484	(5)  Notice of the filing of the application shall be made
485	in accordance with the requirements of s. 403.5363 by the
486	applicant no later than 21 days after the application filing.
487	Section 8.  Section 403.5252, Florida Statutes, is amended
488	to read:
489	403.5252  Determination of completeness.--
490	(1)(a)  The department shall consult with the affected
491	agencies and may include their recommendations on the
492	completeness of the application. Such agencies shall submit to
493	the department recommendations on the completeness of the
494	application within 30 days after the distribution of the
495	application.
496	(b)  Within 45 15 days after distribution receipt of an
497	application, the department shall file a statement with the
498	Division of Administrative Hearings, and with the applicant, and
499	with all parties declaring its position with regard to the
500	completeness, not the sufficiency, of the application.
501	(2)(1)  If the department declares the application to be
502	incomplete, the applicant, within 15 days after the filing of
503	the statement by the department, shall file with the Division of
504	Administrative Hearings, and with the department, and with all
505	parties a statement:
506	(a)  Agreeing with the statement of the department and
507	withdrawing the application;
508	(b)  Agreeing with the statement of the department and
509	agreeing to render amend the application complete without
510	withdrawing it by filing additional information necessary to
511	make the application complete. The time schedules shall be
512	tolled as of the date of the determination that the application
513	is not complete, referencing a complete application under this
514	act shall not commence until the application is determined
515	complete; or
516	(c)  Notifying the department that the information will not
517	be supplied, in which case the application shall be processed as
518	filed; or
519	(d)(c)  Contesting the statement of the department.
520	(3)(a)(2)  If the applicant contests the determination by
521	the department that an application is incomplete, the
522	administrative law judge shall schedule a hearing on the
523	statement of completeness. The hearing shall be held as
524	expeditiously as possible, but not later than 30 days after the
525	filing of the statement by the department. The administrative
526	law judge shall render a decision within 10 days after the
527	hearing.
528	(b)  Parties to a hearing on the issue of completeness
529	shall include the applicant, the department, and any agency that
530	has jurisdiction over the matter in dispute. Any substantially
531	affected person who wishes to become a party to the completeness
532	hearing shall file a motion no later than 10 days prior to the
533	date of the hearing.
534	(c)(a)  If the administrative law judge determines that the
535	application was not complete as filed, the applicant shall
536	withdraw the application or make such additional submittals as
537	necessary to complete it. The time schedules referencing a
538	complete application under this act shall not commence until the
539	application is determined complete.
540	(d)(b)  If the administrative law judge determines that the
541	application was complete at the time it was declared incomplete
542	filed, the time schedules referencing a complete application
543	under this act shall commence upon such determination.
544	Section 9.  Section 403.5253, Florida Statutes, is
545	repealed.
546	Section 10.  Section 403.526, Florida Statutes, is amended
547	to read:
548	403.526  Preliminary statements of issues, reports, project
549	impact analyses, and studies.--
550	(1)  Each affected agency which received an application in
551	accordance with s. 403.5251(4)(3) shall submit a preliminary
552	statement of issues to the department and all parties the
553	applicant no later than 15 60 days after the certification
554	application has been determined to be complete distribution of
555	the complete application. Such statements of issues shall be
556	made available to each local government for use as information
557	for public meetings pursuant to s. 403.5272. The failure to
558	raise an issue in this preliminary statement of issues shall not
559	preclude the issue from being raised in the agency's report.
560	(2)(a)  The following affected agencies shall prepare
561	reports as provided below and shall submit them to the
562	department and the applicant no later than 60 within 90 days
563	after the certification application has been determined to be
564	complete distribution of the complete application:
565	1.  The department shall prepare a report as to the impact
566	of each proposed transmission line or corridor as it relates to
567	matters within its jurisdiction.
568	2.  Each water management district in the jurisdiction of
569	which a proposed transmission line or corridor is to be located
570	shall prepare a report as to the impact on water resources and
571	other matters within its jurisdiction.
572	3.  The Department of Community Affairs shall prepare a
573	report containing recommendations which address the impact upon
574	the public of the proposed transmission line or corridor, based
575	on the degree to which the proposed transmission line or
576	corridor is consistent with the applicable portions of the state
577	comprehensive plan, emergency management, and other matters
578	within its jurisdiction. The Department of Community Affairs may
579	also comment on the consistency of the proposed transmission
580	line or corridor with applicable strategic regional policy plans
581	or local comprehensive plans and land development regulations.
582	4.  The Fish and Wildlife Conservation Commission shall
583	prepare a report as to the impact of each proposed transmission
584	line or corridor on fish and wildlife resources and other
585	matters within its jurisdiction.
586	5.  Each local government shall prepare a report as to the
587	impact of each proposed transmission line or corridor on matters
588	within its jurisdiction, including the consistency of the
589	proposed transmission line or corridor with all applicable local
590	ordinances, regulations, standards, or criteria that apply to
591	the proposed transmission line or corridor, including local
592	comprehensive plans, zoning regulations, land development
593	regulations, and any applicable local environmental regulations
594	adopted pursuant to s. 403.182 or by other means. No change by
595	the responsible local government or local agency in local
596	comprehensive plans, zoning ordinances, or other regulations
597	made after the date required for the filing of the local
598	government's report required by this section shall be applicable
599	to the certification of the proposed transmission line or
600	corridor unless the certification is denied or the application
601	is withdrawn.
602	6.  Each regional planning council shall present a report
603	containing recommendations that address the impact upon the
604	public of the proposed transmission line or corridor based on
605	the degree to which the transmission line or corridor is
606	consistent with the applicable provisions of the strategic
607	regional policy plan adopted pursuant to chapter 186 and other
608	impacts of each proposed transmission line or corridor on
609	matters within its jurisdiction.
610	7.  The Department of Transportation shall prepare a report
611	as to the impact of the proposed transmission line or corridor
612	on roads, railroads, airports, aeronautics, seaports, and other
613	matters within its jurisdiction.
614	8.  Any other agency within the jurisdiction of which the
615	proposed transmission line and corridor would be located may
616	prepare a report addressing the impact of the proposed
617	transmission line or corridor on matters within that agency?s
618	jurisdiction.
619	(b)  Each report shall contain:
620	1.  A notice of any nonprocedural requirements not
621	specifically listed in the application from which a variance,
622	exemption, exception, or other relief is necessary in order for
623	the board to certify any corridor proposed for certification.
624	Failure of such notification shall be treated as a waiver from
625	the nonprocedural requirements of that agency.
626	2.  A recommendation for approval or denial of the
627	application.
628	3.  the information on variances required by s. 403.531(2)
629	and Proposed conditions of certification on matters within the
630	jurisdiction of each agency. For each condition proposed by an
631	agency, the agency shall list the specific statute, rule, or
632	ordinance, as applicable, which authorizes the proposed
633	condition.
634	(c)  Each reviewing agency shall initiate the activities
635	required by this section no later than 15 days after the
636	complete application is distributed. Each agency shall keep the
637	applicant and the department informed as to the progress of its
638	studies and any issues raised thereby.
639	(d)  Receipt of an affirmative determination of need by the
640	submittal deadline for agency reports under paragraph (a) shall
641	be a condition precedent to further processing of the
642	application.
643	(3)  The department shall prepare a project impact written
644	analysis which contains a compilation of agency reports and
645	summaries of the material contained therein which shall be filed
646	with the administrative law judge and served on all parties no
647	later than 90 135 days after the determination that the
648	application is complete application has been distributed to the
649	affected agencies, and which shall include:
650	(a)  The studies and reports required by this section and
651	s. 403.537.
652	(b)  Comments received from any other agency or person.
653	(c)  The recommendation of the department as to the
654	disposition of the application, of variances, exemptions,
655	exceptions, or other relief identified by any party, and of any
656	proposed conditions of certification which the department
657	believes should be imposed.
658	(4)  The failure of any agency to submit a preliminary
659	statement of issues or a report, or to submit its preliminary
660	statement of issues or report within the allowed time, shall not
661	be grounds for the alteration of any time limitation in this act
662	pursuant to s. 403.528. Neither the failure to submit a
663	preliminary statement of issues or a report nor the inadequacy
664	of the preliminary statement of issues or report shall be
665	grounds to deny or condition certification.
666	Section 11.  Section 403.527, Florida Statutes, is amended
667	to read:
668	403.527  Certification hearing; Notice, proceedings,
669	parties, participants.--
670	(1)(a)  No later than 15 days after an application has been
671	determined complete, the applicant shall arrange for publication
672	of a notice of the application and of the proceedings required
673	by this act. Such notice shall give notice of the provisions of
674	s. 403.531(1) and (2).
675	(b)  The applicant shall arrange for publication of a
676	notice of the certification hearing and other public hearings
677	provided for in this section and notice of the deadline for
678	filing of notice of intent to be a party. Such notices shall be
679	published at least 80 days before the date set for the hearing.
680	(c)  The applicant shall arrange for publication of a
681	reminder notice in the newspapers specified in paragraph (d) no
682	more than 10 days prior to the certification hearing, reminding
683	the public of the date and location of the hearing. This notice
684	shall not constitute a point of entry for intervention in the
685	proceeding.
686	(d)  Notices to be published by the applicant shall be
687	published in newspapers of general circulation within counties
688	crossed by the transmission line corridors proper for
689	certification. The required newspaper notices, other than the
690	reminder notice, shall be one-half page in size in a standard
691	size newspaper or a full page in a tabloid size newspaper and
692	published in a section of the newspaper other than the legal
693	notices section. These notices shall include a map generally
694	depicting all transmission corridors proper for certification. A
695	newspaper of general circulation shall be the newspaper within a
696	county crossed by a transmission line corridor proper for
697	certification which newspaper has the largest daily circulation
698	in that county and has its principal office in that county. If
699	the newspaper with the largest daily circulation has its
700	principal office outside the county, then the notices shall
701	appear in both the newspaper having the largest circulation in
702	that county and in a newspaper authorized to publish legal
703	notices in that county.
704	(e)  The department shall publish in the Florida
705	Administrative Weekly notices of the application; of the
706	certification hearing; of the hearing before the board; and of
707	stipulations, proposed agency action, or petitions for
708	modification.
709	(f)  The department shall adopt rules specifying the
710	content of notices required by this section. All notices
711	published by the applicant shall be paid for by the applicant
712	and shall be in addition to the application fee.
713	(1)(a)(2)  No later than 125 185 days after the application
714	has been determined complete receipt of a complete application
715	by the department, the administrative law judge shall conduct a
716	certification hearing pursuant to ss. 120.569 and 120.57 at a
717	central location in proximity to the proposed transmission line
718	or corridor.
719	(b)  One public hearing where members of the public who are
720	not parties to the certification hearing may testify shall be
721	held within the boundaries of each county, at the option of any
722	local government.
723	1.  The local government shall notify the administrative
724	law judge and all parties not later than 40 50 days after the
725	application has been determined receipt of a complete
726	application as to whether the local government wishes to have
727	such a public hearing. The local government shall be responsible
728	for determining the location of the public hearing.
729	2.  Within 5 days after of such notification, the
730	administrative law judge shall determine the date of such public
731	hearing, which shall be held before or during the certification
732	hearing. In the event two or more local governments within one
733	county request such a public hearing, the hearing shall be
734	consolidated so that only one such public hearing is held in any
735	county. The location of a consolidated hearing shall be
736	determined by the administrative law judge.
737	3.  If a local government does not request a public hearing
738	within 40 50 days after the application has been determined
739	receipt of a complete application, persons residing within the
740	jurisdiction of such local government may testify at the public
741	hearing portion of the certification hearing.
742	(c)  The order of presentation at the certification
743	hearing, unless otherwise changed by the administrative law
744	judge to ensure the orderly presentation of witnesses and
745	evidence, shall be:
746	1.  The applicant.
747	2.  The department.
748	3.  State agencies.
749	4.  Regional agencies, including regional planning councils
750	and water management districts.
751	5.  Local governments.
752	6.  Other parties.
753	(d)  When appropriate, any person may be given an
754	opportunity to present oral or written communications to the
755	administrative law judge. If the administrative law judge
756	proposes to consider such communications, all parties shall be
757	given an opportunity to cross-examine, challenge, or rebut such
758	communications.
759	(e)  The applicant shall pay those expenses and costs
760	associated with the conduct of the hearings and the recording
761	and transcription of the proceedings.
762	(2)  Notice of the certification hearing and other public
763	hearings provided for in this section and notice of the deadline
764	for filing of notice of intent to be a party shall be made in
765	accordance with the requirements of s. 403.5363. Such notices
766	shall be published at least 65 days before the date set for the
767	certification hearing.
768	(3)(a)  At the conclusion of the certification hearing, the
769	administrative law judge shall, after consideration of all
770	evidence of record, issue a recommended order disposing of the
771	application no later than 60 days after the transcript of the
772	certification hearing and the public hearings is filed with the
773	Division of Administrative Hearings.
774	(b)  In the event the administrative law judge fails to
775	issue a recommended order within 60 days after the filing of the
776	hearing transcript, the administrative law judge shall submit a
777	report to the board with a copy to all parties within 60 days
778	after the filing of the hearing transcript to advise the board
779	of the reason for the delay in the issuance of the recommended
780	order and of the date by which the recommended order will be
781	issued.
782	(3)(4)(a)  Parties to the proceeding shall be:
783	1.  The applicant.
784	2.  The department.
785	3.  The commission.
786	4.  The Department of Community Affairs.
787	5.  The Fish and Wildlife Conservation Commission.
788	6.  The Department of Transportation.
789	7.6.  Each water management district in the jurisdiction of
790	which the proposed transmission line or corridor is to be
791	located.
792	8.7.  The local government.
793	9.8.  The regional planning council.
794	(b)  Any party listed in paragraph (a), other than the
795	department or the applicant, may waive its right to participate
796	in these proceedings. If any listed party fails to file a notice
797	of its intent to be a party on or before the 30th day prior to
798	the certification hearing, such party shall be deemed to have
799	waived its right to be a party unless its participation would
800	not prejudice the rights of any party to the proceeding.
801	(c)  Notwithstanding the provisions of chapter 120 to the
802	contrary, upon the filing with the administrative law judge of a
803	notice of intent to be a party by an agency or corporation or
804	association described in subparagraphs 1. and 2. or a petition
805	for intervention by a person described in subparagraph 3. no
806	later than 30 days prior to the date set for the certification
807	hearing, the following shall also be parties to the proceeding:
808	1.  Any agency not listed in paragraph (a) as to matters
809	within its jurisdiction.
810	2.  Any domestic nonprofit corporation or association
811	formed, in whole or in part, to promote conservation of natural
812	beauty; to protect the environment, personal health, or other
813	biological values; to preserve historical sites; to promote
814	consumer interests; to represent labor, commercial, or
815	industrial groups; or to promote comprehensive planning or
816	orderly development of the area in which the proposed
817	transmission line or corridor is to be located.
818	3.  Any person whose substantial interests are affected and
819	being determined by the proceeding.
820	(d)  Any agency whose properties or works may be affected
821	shall be made a party upon the request of the agency or any
822	party to this proceeding.
823	(4)(a)  At the conclusion of the certification hearing, the
824	administrative law judge shall, after consideration of all
825	evidence of record, issue a recommended order disposing of the
826	application no later than 45 days after the transcript of the
827	certification hearing and the public hearings is filed with the
828	Division of Administrative Hearings.
829	(b)  In the event the administrative law judge fails to
830	issue a recommended order within 45 days after the filing of the
831	hearing transcript, the administrative law judge shall submit a
832	report to the siting board with a copy to all parties within 60
833	days after the filing of the hearing transcript to advise the
834	siting board of the reason for the delay in the issuance of the
835	recommended order and of the date by which the recommended order
836	will be issued.
837	(5)(a)  No later than 25 days prior to the conduct of the
838	certification hearing, the department or the applicant may
839	request that the administrative law judge cancel the
840	certification hearing and relinquish jurisdiction to the
841	department if all parties to the proceeding stipulate that there
842	are no disputed issues of fact to be raised at the certification
843	hearing.
844	(b)  The administrative law judge shall issue an order
845	granting or denying the request within 5 days.
846	(c)  If the administrative law judge grants the request, no
847	later than 7 days prior to the date of the originally scheduled
848	certification hearing, the department and the applicant shall
849	publish notices of the cancellation of the certification hearing
850	in accordance with s. 403.5363.
851	(d)  If the administrative law judge grants the request,
852	within 30 days after the administrative law judge's order
853	relinquishing jurisdiction, the department shall prepare a
854	recommended order, including proposed conditions of
855	certification, for final action by the siting board. Parties may
856	submit proposed recommended orders to the department no later
857	than 10 days after the administrative law judge issues his or
858	her order relinquishing jurisdiction.
859	(5)  When appropriate, any person may be given an
860	opportunity to present oral or written communications to the
861	administrative law judge. If the administrative law judge
862	proposes to consider such communications, all parties shall be
863	given an opportunity to cross-examine or challenge or rebut such
864	communications.
865	(6)  The administrative law judge shall have all powers and
866	duties granted to administrative law judges by chapter 120 and
867	by the laws and rules of the department, including the authority
868	to resolve disputes over the completeness or sufficiency of an
869	application for certification.
870	(7)  The order of presentation at the certification
871	hearing, unless otherwise changed by the administrative law
872	judge to ensure the orderly presentation of witnesses and
873	evidence, shall be:
874	(a)  The applicant.
875	(b)  The department.
876	(c)  State agencies.
877	(d)  Regional agencies, including regional planning
878	councils and water management districts.
879	(e)  Local governments.
880	(f)  Other parties.
881	(8)  The applicant shall pay those expenses and costs
882	associated with the conduct of the hearings and the recording
883	and transcription of the proceedings.
884	Section 12.  Subsections (1) and (3) of section 403.5271,
885	Florida Statutes, are amended to read:
886	403.5271  Alternate corridors.--
887	(1)  No later than 50 days prior to the originally
888	scheduled certification hearing, any party may propose alternate
889	transmission line corridor routes for consideration pursuant to
890	the provisions of this act.
891	(a)  A notice of any such proposed alternate corridor shall
892	be filed with the administrative law judge, all parties, and any
893	local governments in whose jurisdiction the alternate corridor
894	is proposed. Such filing shall include the most recent United
895	States Geological Survey 1:24,000 quadrangle maps specifically
896	delineating the corridor boundaries, a description of the
897	proposed corridor, and a statement of the reasons the proposed
898	alternate corridor should be certified.
899	(b)1.  Within 7 days after receipt of such notice, the
900	applicant and the department shall file with the administrative
901	law judge and all parties a notice of acceptance or rejection of
902	a proposed alternate corridor for consideration. If the
903	alternate corridor is rejected either by the applicant or the
904	department, the certification hearing and the public hearings
905	shall be held as scheduled. If both the applicant and the
906	department accept a proposed alternate corridor for
907	consideration, the certification hearing and the public hearings
908	shall be rescheduled, if necessary.
909	2.  If rescheduled, the certification hearing shall be held
910	no more than 100 90 days after the previously scheduled
911	certification hearing, unless additional time is needed due to
912	the alternate corridor crossing a local government jurisdiction
913	not previously affected, in which case the remainder of the
914	schedule listed below shall be appropriately adjusted by the
915	administrative law judge to allow that local government to
916	prepare a report pursuant to s. 403.526(2)(a)5.
917	(c)  Notice of the filing of the alternate, of the revised
918	time schedules, of the deadline for newly affected persons and
919	agencies to file notice of intent to become a party, of the
920	rescheduled hearing date, and of the proceedings pursuant to s.
921	403.527(1)(b) and (c) shall be published in accordance with the
922	requirements of s. 403.5363 at least 65 days prior to the
923	rescheduled hearing.
924	(d)  Within 21 25 days after acceptance of an alternate
925	corridor by the department and the applicant, the party
926	proposing an alternate corridor shall have the burden of
927	providing all additional data to the agencies listed in s.
928	403.526(2), and newly affected agencies, necessary for the
929	preparation of a supplementary report on the proposed alternate
930	corridor.
931	(e)1.  Reviewing agencies shall advise the department of
932	their completeness issues no later than 12 days after the
933	submittal of the data required by paragraph (d). If the
934	department determines Within 15 days after receipt of such data,
935	the department shall issue a determination of completeness.
936	2.  If the department determines that the this additional
937	data required by paragraph (d) is not complete insufficient, the
938	party proposing the alternate corridor shall file such
939	additional data that corrects the incompleteness. This
940	additional data must be submitted insufficiency within 15 days
941	after the filing of the department's determination.
942	3.  If such additional information data is determined by
943	the department within 15 days after receipt to be incomplete
944	insufficient, such incompleteness insufficiency of data shall be
945	deemed a withdrawal of the proposed alternate corridor. The
946	party proposing an alternate corridor shall have the burden of
947	proof on the certifiability of the alternate corridor at the
948	certification hearing pursuant to s. 403.529(4). Nothing in this
949	act shall be construed as requiring the applicant or agencies
950	not proposing the alternate corridor to submit data in support
951	of such alternate corridor.
952	(f)  The agencies listed in s. 403.526(2) and any newly
953	affected agencies shall file supplementary reports with the
954	applicant and department that address addressing the proposed
955	alternate corridors no later than 30 60 days after the
956	additional data is submitted pursuant to paragraph (d) (e) is
957	determined to be complete.
958	(g)  The agency reports on alternate corridors shall
959	include all information required by s. 403.526(2) agencies shall
960	submit supplementary notice pursuant to s. 403.531(2) at the
961	time of filing of their supplemental report.
962	(h)  The department shall file with the administrative law
963	judge, the applicant, and all parties a project impact prepare a
964	written analysis consistent with s. 403.526(3) at least 29 days
965	prior to the rescheduled certification hearing addressing the
966	proposed alternate corridor.
967	(3)(a)  Notwithstanding the rejection of a proposed
968	alternate corridor by the applicant or the department, any party
969	may present evidence at the certification hearing to show that a
970	corridor proper for certification does not satisfy the criteria
971	listed in s. 403.529 or that a rejected alternate corridor would
972	meet the criteria set forth in s. 403.529. No evidence shall be
973	admitted at the certification hearing on any alternate corridor,
974	unless the alternate corridor was proposed by the filing of a
975	notice at least 50 days prior to the originally scheduled
976	certification hearing pursuant to this section. Rejected
977	alternate corridors shall be considered by the board as provided
978	in s. 403.529(4) and (5).
979	(b)  The party proposing an alternate corridor shall have
980	the burden of proof on the certifiability of the alternate
981	corridor at the certification hearing pursuant to s. 403.529(4).
982	Nothing in this act shall be construed as requiring the
983	applicant or agencies not proposing the alternate corridor to
984	submit data in support of such alternate corridor.
985	Section 13.  Section 403.5272, Florida Statutes, is amended
986	to read:
987	403.5272  Local governments; Informational public
988	meetings.--
989	(1)  Local governments or regional planning councils may
990	hold informational public meetings in addition to the hearings
991	specifically authorized by this act on any matter associated
992	with the transmission line proceeding. Such informational public
993	meetings should be held no later than 30 80 days after the
994	application has been determined complete is filed. The purpose
995	of an informational public meeting is for the local government
996	or regional planning council to further inform the general
997	public about the transmission line proposed, obtain comments
998	from the public, and formulate its recommendation with respect
999	to the proposed transmission line.
1000	(2)  Informational public meetings shall be held solely at
1001	the option of each local government or regional planning
1002	council. It is the legislative intent that local governments or
1003	regional planning councils attempt to hold such public meetings.
1004	Parties to the proceedings under this act shall be encouraged to
1005	attend; however, no party other than the applicant and the
1006	department shall be required to attend such informational public
1007	hearings.
1008	(3)  The failure to hold an informational public meeting or
1009	the procedure used for the informational public meeting shall
1010	not be grounds for the alteration of any time limitation in this
1011	act pursuant to s. 403.528 or grounds to deny or condition
1012	certification.
1013	Section 14.  Subsection (1) of section 403.5275, Florida
1014	Statutes, is amended to read:
1015	403.5275  Amendment to the application.--
1016	(1)  Any amendment made to the application prior to
1017	certification shall be sent by the applicant to the
1018	administrative law judge and to all parties to the proceeding.
1019	Section 15.  Subsections (1) and (2) and paragraph (e) of
1020	subsection (4) of section 403.529, Florida Statutes, are amended
1021	to read:
1022	403.529  Final disposition of application.--
1023	(1)  Within 30 days after receipt of the administrative law
1024	judge's or the department?s recommended order, the board shall
1025	act upon the application by written order, approving in whole,
1026	approving with such conditions as the board deems appropriate,
1027	or denying the certification and stating the reasons for
1028	issuance or denial.
1029	(2)  The issues that may be raised in any hearing before
1030	the board shall be limited to matters raised in the
1031	certification proceeding before the administrative law judge or
1032	raised in the administrative law judge?s or department?s
1033	recommended order. All parties, or their representatives, or
1034	persons who appear before the board shall be subject to the
1035	provisions of s. 120.66.
1036	(4)  In determining whether an application should be
1037	approved in whole, approved with modifications or conditions, or
1038	denied, the board shall consider whether, and the extent to
1039	which, the location of the transmission line corridor and the
1040	construction and maintenance of the transmission line will:
1041	(e)  Effect a reasonable balance between the need for the
1042	transmission line as a means of providing reliable, economically
1043	efficient electric abundant low-cost electrical energy and the
1044	impact upon the public and the environment resulting from the
1045	location of the transmission line corridor and maintenance of
1046	the transmission lines.
1047	Section 16.  Subsections (2) and (3) of section 403.531,
1048	Florida Statutes, are amended to read:
1049	403.531  Effect of certification.--
1050	(2)(a)  The certification shall authorize the licensee
1051	applicant to locate the transmission line corridor and to
1052	construct and maintain the transmission lines subject only to
1053	the conditions of certification set forth in such certification.
1054	(b)  The certification may include conditions which
1055	constitute variances and exemptions from nonprocedural standards
1056	or regulations of the department or any other agency, which were
1057	expressly considered during the certification review proceeding
1058	unless waived by the agency as provided s. 403.526 below and
1059	which otherwise would be applicable to the location of the
1060	proposed transmission line corridor or the construction and
1061	maintenance of the transmission lines. Each party shall notify
1062	the applicant and other parties at the time scheduled for the
1063	filing of the agency reports of any nonprocedural requirements
1064	not specifically listed in the application from which a
1065	variance, exemption, exception, or other relief is necessary in
1066	order for the board to certify any corridor proposed for
1067	certification. Failure of such notification shall be treated as
1068	a waiver from the nonprocedural requirements of that agency.
1069	(3)(a)  The certification shall be in lieu of any license,
1070	permit, certificate, or similar document required by any agency
1071	pursuant to, but not limited to, chapter 125, chapter 161,
1072	chapter 163, chapter 166, chapter 186, chapter 253, chapter 258,
1073	chapter 298, chapter 370, chapter 373, chapter 376, chapter 380,
1074	chapter 381, chapter 387, chapter 403, chapter 404, or the
1075	Florida Transportation Code, or 33 U.S.C. s. 1341.
1076	(b)  On certification, any license, easement, or other
1077	interest in state lands, except those the title of which is
1078	vested in the Board of Trustees of the Internal Improvement
1079	Trust Fund, shall be issued by the appropriate agency as a
1080	ministerial act. The applicant shall be required to seek any
1081	necessary interest in state lands the title to which is vested
1082	in the Board of Trustees of the Internal Improvement Trust Fund
1083	from the board of trustees before, during, or after the
1084	certification proceeding, and certification may be made
1085	contingent upon issuance of the appropriate interest in realty.
1086	However, neither the applicant nor any party to the
1087	certification proceeding may directly or indirectly raise or
1088	relitigate any matter which was or could have been an issue in
1089	the certification proceeding in any proceeding before the Board
1090	of Trustees of the Internal Improvement Trust Fund wherein the
1091	applicant is seeking a necessary interest in state lands, but
1092	the information presented in the certification proceeding shall
1093	be available for review by the board of trustees and its staff.
1094	Section 17.  Section 403.5312, Florida Statutes, is amended
1095	to read:
1096	403.5312  Filing Recording of notice of certified corridor
1097	route.--
1098	(1)  Within 60 days after certification of a directly
1099	associated transmission line pursuant to ss. 403.501-403.518 or
1100	a transmission line corridor pursuant to ss. 403.52-403.5365,
1101	the applicant shall file, in accordance with s. 28.222, with the
1102	department and the clerk of the circuit court for each county
1103	through which the corridor will pass, a notice of the certified
1104	route.
1105	(2)  The notice shall consist of maps or aerial photographs
1106	in the scale of 1:24,000 which clearly show the location of the
1107	certified route and shall state that the certification of the
1108	corridor will result in the acquisition of rights-of-way within
1109	the corridor. Each clerk shall record the filing in the official
1110	record of the county for the duration of the certification or
1111	until such time as the applicant certifies to the department and
1112	the clerk that all lands required for the transmission line
1113	rights-of-way within the corridor have been acquired within such
1114	county, whichever is sooner.
1115	(3)  The recording of this notice shall not constitute a
1116	lien, cloud, or encumbrance on real property.
1117	Section 18.  Section 403.5317, Florida Statutes, is created
1118	to read:
1119	403.5317  Postcertification amendments.--
1120	(1)  If, subsequent to certification by the board, a
1121	licensee proposes any material change to the application, and
1122	revisions or amendments thereto, as certified, the licensee
1123	shall submit to the department a written request for amendment
1124	and description of the proposed change to the application. The
1125	department shall, within 30 days after the receipt of the
1126	request for the amendment, determine whether the proposed change
1127	to the application requires a modification of the conditions of
1128	certification.
1129	(2)  If the department concludes that the change would not
1130	require a modification of the conditions of certification, the
1131	department shall notify, in writing, the licensee, all agencies,
1132	and all parties of the approval of the proposed amendment.
1133	(3)  If the department concludes that the change would
1134	require a modification of the conditions of certification, the
1135	department shall notify the licensee that the proposed change to
1136	the application requires a request for modification pursuant to
1137	s. 403.5315.
1138	Section 19.  Section 403.5363, Florida Statutes, is created
1139	to read:
1140	403.5363  Public notices, requirements.--
1141	(1)(a)  The applicant shall arrange for the publication of
1142	the following notices. Such notices shall be published in
1143	newspapers of general circulation within counties crossed by the
1144	transmission line corridors proper for certification:
1145	1.  Notice of the submittal of the application, which shall
1146	include a description of the proceedings required by this act.
1147	Such notice shall give notice of the provisions of s. 403.531(1)
1148	and (2) and the notice of the deadline for filing of notice of
1149	intent to be a party.
1150	2.  Notice of the certification hearing.
1151	3.  Notice of the cancellation of the certification
1152	hearing, if applicable.
1153	4.  Notice of filing of a modification proposal submitted
1154	pursuant to s. 403.5315, if the department determines that the
1155	modification would require relocation or expansion of the
1156	transmission line right-of-way or a certified substation.
1157	(b)  The proponent of an alternate corridor shall arrange
1158	for the publication of the filing of the alternate, of the
1159	revised time schedules, of the deadline for newly affected
1160	persons and agencies to file notice of intent to become a party,
1161	and of the rescheduled hearing dates. Such notices shall be
1162	published in newspapers of general circulation within counties
1163	crossed by the proposed alternate corridor.
1164	(c)  The department shall arrange for publication of the
1165	following notices in the manner specified by chapter 120:
1166	1.  Notice of the submittal of the application and the
1167	deadline to become a party.
1168	2.  Notice of any administrative hearings on certification.
1169	3.  Notice of the cancellation of the certification
1170	hearings, if applicable.
1171	4.  Notice of the hearing before the siting board.
1172	5.  Notice of stipulations, proposed agency action, or
1173	petitions for modification.
1174	(2)  The department shall adopt rules specifying the
1175	content of notices required by this section. All notices
1176	published by the applicant shall be paid for by the applicant
1177	and shall be in addition to the application fee.
1178	Section 20.  Section 403.5365, Florida Statutes, is amended
1179	to read:
1180	403.5365  Fees; disposition.--The department shall charge
1181	the applicant the following fees, as appropriate, which, unless
1182	otherwise specified, shall be paid into the Florida Permit Fee
1183	Trust Fund:
1184	(1)  An application fee of $150,000 $100,000, plus $750 per
1185	mile for each mile of corridor in which the transmission line
1186	right-of-way is proposed to be located within an existing
1187	electric electrical transmission line right-of-way or within any
1188	existing right-of-way for any road, highway, railroad, or other
1189	aboveground linear facility, or $1,000 per mile for each mile of
1190	electric transmission line corridor proposed to be located
1191	outside such existing right-of-way.
1192	(a)  Fifty Sixty percent of the fee shall go to the
1193	department to cover any costs associated with coordinating the
1194	review of reviewing and acting upon the application and any
1195	costs for field services associated with monitoring construction
1196	and operation of the electric transmission line facility.
1197	(b)  The following sums Twenty percent of the fees
1198	specified under this section, except postcertification fees,
1199	shall be transferred to the Administrative Trust Fund of the
1200	Division of Administrative Hearings of the Department of
1201	Management Services:
1202	1.  Five percent to compensate for expenses from the
1203	initial exercise of duties associated with the filing of an
1204	application.
1205	2.  An additional 10 percent if an administrative hearing
1206	pursuant to s. 403.527 is held.
1207	(c)  Upon written request with proper itemized accounting
1208	within 90 days after final agency action by the board or
1209	withdrawal of the application, the agencies that prepared
1210	reports pursuant to s. 403.526 or s. 403.5271 or participated in
1211	a hearing pursuant to s. 403.527 or s. 403.5271 may submit a
1212	written request to the department for reimbursement of expenses
1213	incurred during the certification proceedings. The request shall
1214	contain an accounting of expenses incurred, which may include
1215	time spent reviewing the application, department shall reimburse
1216	the expenses and costs of the Department of Community Affairs,
1217	the Fish and Wildlife Conservation Commission, the water
1218	management district, regional planning council, and local
1219	government in the jurisdiction of which the transmission line is
1220	to be located. Such reimbursement shall be authorized for the
1221	preparation of any studies required of the agencies by this act,
1222	and for agency travel and per diem to attend any hearing held
1223	pursuant to this act, and for the local government's or regional
1224	planning council's provision of additional notice of the
1225	informational public meetings government to participate in the
1226	proceedings. The department shall review the request and verify
1227	that the expenses are valid. Valid expenses shall be reimbursed;
1228	however, in the event the amount of funds available for
1229	reimbursement allocation is insufficient to provide for full
1230	compensation complete reimbursement to the agencies requesting
1231	reimbursement, reimbursement shall be on a prorated basis.
1232	(d)  If any sums are remaining, the department shall retain
1233	them for its use in the same manner as is otherwise authorized
1234	by this section; provided, however, that if the certification
1235	application is withdrawn prior to the initial determination on
1236	completeness, one-half of the application fee the remaining sums
1237	shall be refunded to the applicant within 90 days after
1238	withdrawal.
1239	(2)  An amendment fee.
1240	(a)  If no corridor alignment change is proposed by the
1241	amendment, no amendment fee shall be charged.
1242	(b)  If a corridor alignment change pursuant to s.
1243	403.5275(2) is proposed by the applicant, an additional fee of a
1244	minimum of $2,000 and $750 per mile shall be submitted to the
1245	department for use in accordance with this act.
1246	(c)  If an amendment is required to address issues,
1247	including alternate corridors pursuant to s. 403.5271, raised by
1248	the department or other parties, no fee for such amendment shall
1249	be charged.
1250	(3)  A certification modification fee.
1251	(a)  If no corridor alignment change is proposed by the
1252	licensee applicant, the modification fee shall be $4,000.
1253	(b)  If a corridor alignment change is proposed by the
1254	licensee applicant, the fee shall be $1,000 for each mile of
1255	realignment plus an amount not to exceed $10,000 to be fixed by
1256	rule on a sliding scale based on the load-carrying capability
1257	and configuration of the transmission line for use in accordance
1258	with subsection (2).
1259	Section 21.  Section 403.5369, Florida Statutes, is
1260	repealed.
1261	Section 22.  Paragraphs (a) and (c) of subsection (1) of
1262	section 403.537, Florida Statutes, are amended to read:
1263	403.537  Determination of need for transmission line;
1264	powers and duties.--
1265	(1)(a)  Upon request by an applicant or upon its own
1266	motion, the Florida Public Service Commission shall schedule a
1267	public hearing, after notice, to determine the need for a
1268	transmission line regulated by the Florida Electric Transmission
1269	Line Siting Act, ss. 403.52-403.5365. Such notice shall be
1270	published at least 21 45 days before the date set for the
1271	hearing and shall be published in at least one-quarter page size
1272	notice in newspapers of general circulation, in the Florida
1273	Administrative Weekly, by giving notice to counties and regional
1274	planning councils in whose jurisdiction the transmission line
1275	could be placed, and by giving notice to any persons who have
1276	requested to be placed on the mailing list of the commission for
1277	this purpose. Within 21 days after receipt of a request for
1278	determination by an applicant, the commission shall set a date
1279	for the hearing. The hearing shall be held pursuant to s. 350.01
1280	within 45 days after the filing of the request, and a decision
1281	shall be rendered within 60 days after such filing.
1282	(c)  The determination by the commission of the need for
1283	the transmission line, as defined in s. 403.522(21), is binding
1284	on all parties to any certification proceeding pursuant to the
1285	Florida Electric Transmission Line Siting Act and is a condition
1286	precedent to the conduct of the certification hearing prescribed
1287	therein. An order entered pursuant to this section constitutes
1288	final agency action.
1289	Section 23.  Subsection (3) of section 373.441, Florida
1290	Statutes, is amended to read:
1291	373.441  Role of counties, municipalities, and local
1292	pollution control programs in permit processing.--
1293	(3)  The department shall review environmental resource
1294	permit applications for electrical distribution and transmission
1295	lines and other facilities related to the production,
1296	transmission, and distribution of electricity which are not
1297	certified under ss. 403.52-403.5365, the Florida Electric
1298	Transmission Line Siting Act, regulated under this part.
1299	Section 24.  Subsection (30) of section 403.061, Florida
1300	Statutes, is amended to read:
1301	403.061  Department; powers and duties.--The department
1302	shall have the power and the duty to control and prohibit
1303	pollution of air and water in accordance with the law and rules
1304	adopted and promulgated by it and, for this purpose, to:
1305	(30)  Establish requirements by rule that reasonably
1306	protect the public health and welfare from electric and magnetic
1307	fields associated with existing 230 kV or greater electrical
1308	transmission lines, new 230 kV and greater electrical
1309	transmission lines for which an application for certification
1310	under the Florida Electric Transmission Line Siting Act, ss.
1311	403.52-403.5365, is not filed, new or existing electrical
1312	transmission or distribution lines with voltage less than 230
1313	kV, and substation facilities. Notwithstanding any other
1314	provision in this chapter or any other law of this state or
1315	political subdivision thereof, the department shall have
1316	exclusive jurisdiction in the regulation of electric and
1317	magnetic fields associated with all electrical transmission and
1318	distribution lines and substation facilities. However, nothing
1319	herein shall be construed as superseding or repealing the
1320	provisions of s. 403.523(1) and (10).
1321
1322	The department shall implement such programs in conjunction with
1323	its other powers and duties and shall place special emphasis on
1324	reducing and eliminating contamination that presents a threat to
1325	humans, animals or plants, or to the environment.
1326	Section 25.  Paragraph (a) of subsection (3) of section
1327	403.0876, Florida Statutes, is amended to read:
1328	403.0876  Permits; processing.--
1329	(3)(a)  The department shall establish a special unit for
1330	permit coordination and processing to provide expeditious
1331	processing of department permits which the district offices are
1332	unable to process expeditiously and to provide accelerated
1333	processing of certain permits or renewals for economic and
1334	operating stability. The ability of the department to process
1335	applications pursuant to this subsection in a more timely manner
1336	than allowed by subsections (1) and (2) is dependent upon the
1337	timely exchange of information between the applicant and the
1338	department and the intervention of outside parties as allowed by
1339	law. An applicant may request the processing of its permit
1340	application by the special unit if the application is from an
1341	area of high unemployment or low per capita income, is from a
1342	business or industry that is the primary employer within an
1343	area's labor market, or is in an industry with respect to which
1344	the complexities involved in the review of the application
1345	require special skills uniquely available in the headquarters
1346	office. The department may require the applicant to waive the
1347	90-day time limitation for department issuance or denial of the
1348	permit once for a period not to exceed 90 days. The department
1349	may require a special fee to cover the direct cost of processing
1350	special applications in addition to normal permit fees and
1351	costs. The special fee may not exceed $10,000 per permit
1352	required. Applications for renewal permits, but not applications
1353	for initial permits, required for facilities pursuant to the
1354	Electrical Power Plant Siting Act or the Florida Electric
1355	Transmission Line Siting Act may be processed under this
1356	subsection. Personnel staffing the special unit shall have
1357	lengthy experience in permit processing.
1358	Section 26.  Paragraph (b) of subsection (3) of section
1359	403.809, Florida Statutes, is amended to read:
1360	403.809  Environmental districts; establishment; managers;
1361	functions.--
1362	(3)
1363	(b)  The processing of all applications for permits,
1364	licenses, certificates, and exemptions shall be accomplished at
1365	the district center or the branch office, except for those
1366	applications specifically assigned elsewhere in the department
1367	under s. 403.805 or to the water management districts under s.
1368	403.812 and those applications assigned by interagency agreement
1369	as provided in this act. However, the secretary, as head of the
1370	department, may not delegate to district or subdistrict
1371	managers, water management districts, or any unit of local
1372	government the authority to act on the following types of permit
1373	applications:
1374	1.  Permits issued under s. 403.0885, except such permit
1375	issuance may be delegated to district managers.
1376	2.  Construction of major air pollution sources.
1377	3.  Certifications under the Florida Electrical Power Plant
1378	Siting Act or the Florida Electric Transmission Line Siting Act
1379	and the associated permit issued under s. 403.0885, if
1380	applicable.
1381	4.  Permits issued under s. 403.0885 to steam electric
1382	generating facilities regulated pursuant to 40 C.F.R. part 423.
1383	5.  Permits issued under s. 378.901.
1384	Section 27.  This act shall take effect upon becoming a
1385	law.

CODING: Words stricken are deletions; words underlined are additions.