HB 1259

1	A bill to be entitled
2	An act relating to the siting of electric transmission
3	lines; amending s. 403.52, F.S.; changing the short title
4	to the "Florida Electric Transmission Line Siting Act";
5	amending s. 403.521, F.S.; revising legislative intent;
6	amending s. 403.522, F.S.; revising definitions; defining
7	the terms "licensee" and "maintenance and access roads";
8	amending s. 403.523, F.S.; revising powers and duties of
9	the Department of Environmental Protection; requiring the
10	department to collect and process fees, to prepare a
11	project analysis, to act as clerk for the siting board,
12	and to administer and manage the terms and conditions of
13	the certification order and supporting documents and
14	records; amending s. 403.524, F.S.; revising provisions
15	for applicability, certification, and exemptions under the
16	act; revising provisions for notice by an electric utility
17	of its intent to construct an exempt transmission line;
18	amending s. 403.525, F.S.; providing for powers and duties
19	of the administrative law judge designated by the Division
20	of Administrative Hearings to conduct the required
21	hearings; amending s. 403.5251, F.S.; revising application
22	procedures and schedules; providing for the formal date of
23	filing an application for certification and commencement
24	of the certification review process; requiring the
25	department to prepare a proposed schedule of dates for
26	determination of completeness and other significant dates
27	to be followed during the certification process; providing
28	for the formal date of application distribution; requiring
29	the applicant to provide notice of filing the application;
30	amending s. 403.5252, F.S.; revising timeframes and
31	procedures for determination of completeness of the
32	application; requiring the department to consult with
33	affected agencies; revising requirements for the
34	department to file a statement of its determination of
35	completeness with the Division of Administrative Hearings,
36	the applicant, and all parties within a certain time after
37	distribution of the application; revising requirements for
38	the applicant to file a statement with the department, the
39	division, and all parties, if the department determines
40	the application is not complete; providing for the
41	statement to notify the department whether the information
42	will be provided; revising timeframes and procedures for
43	contests of the determination by the department; providing
44	for parties to a hearing on the issue of completeness;
45	amending s. 403.526, F.S.; revising criteria and
46	procedures for preliminary statements of issues, reports,
47	and studies; revising timeframes; requiring that the
48	preliminary statement of issues from each affected agency
49	be submitted to the department and the applicant; revising
50	criteria for the Department of Community Affairs' report;
51	requiring the Department of Transportation, the Public
52	Service Commission, and any other affected agency to
53	prepare a project report; revising required content of the
54	report; providing for notice of any nonprocedural
55	requirements not listed in the application; providing for
56	failure to provide such notification; providing for a
57	recommendation for approval or denial of the application;
58	providing that receipt of an affirmative determination of
59	need is a condition precedent to further processing of the
60	application; requiring that the department prepare a
61	project analysis to be filed with the administrative law
62	judge and served on all parties within a certain time;
63	amending s. 403.527, F.S.; revising procedures and
64	timeframes for the certification hearing conducted by the
65	administrative law judge; revising provisions for notices
66	and publication of notices, public hearings held by local
67	governments, testimony at the public-hearing portion of
68	the certification hearing, the order of presentations at
69	the hearing, and consideration of certain communications
70	by the administrative law judge; requiring the applicant
71	to pay certain expenses and costs; requiring the
72	administrative law judge to issue a recommended order
73	disposing of the application; requiring that certain
74	notices be made in accordance with specified requirements
75	and within a certain time; requiring the Department of
76	Transportation to be a party to the proceedings; providing
77	for the administrative law judge to cancel the
78	certification hearing and relinquish jurisdiction to the
79	Department of Environmental Protection upon request by the
80	applicant or the department; requiring the department and
81	the applicant to publish notice of such cancellation;
82	providing for parties to submit proposed recommended
83	orders to the department when the certification hearing
84	has been canceled; providing that the department prepare a
85	recommended order for final action by the siting board
86	when the hearing has been canceled; amending s. 403.5271,
87	F.S.; revising procedures and timeframes for consideration
88	of proposed alternate corridors; revising notice
89	requirements; providing for notice of the filing of the
90	alternate corridor and revised time schedules; providing
91	for notice to agencies newly affected by the proposed
92	alternate corridor; requiring the person proposing the
93	alternate corridor to provide all data to the agencies
94	within a certain time; providing for a determination by
95	the department that the data is not complete; providing
96	for withdrawal of the proposed alternate corridor upon
97	such determination; requiring that agencies file reports
98	with the applicant and the department which address the
99	proposed alternate corridor; requiring that the department
100	file with the administrative law judge, the applicant, and
101	all parties a project analysis of the proposed alternate
102	corridor; providing that the party proposing an alternate
103	corridor has the burden of proof concerning the
104	certifiability of the alternate corridor; amending s.
105	403.5272, F.S.; revising procedures for informational
106	public meetings; providing for informational public
107	meetings held by regional planning councils; revising
108	timeframes; amending s. 403.5275, F.S.; revising
109	provisions for amendment to the application prior to
110	certification; amending s. 403.528, F.S.; providing that a
111	comprehensive application encompassing more than one
112	proposed transmission line may be good cause for altering
113	established time limits; amending s. 403.529, F.S.;
114	revising provisions for final disposition of the
115	application by the siting board; providing for the
116	administrative law judge's or department's recommended
117	order; amending s. 403.531, F.S.; revising provisions for
118	conditions of certification; amending s. 403.5312, F.S.;
119	requiring the applicant to file notice of a certified
120	corridor route with the department; amending s. 403.5315,
121	F.S.; revising the circumstances under which a
122	certification may be modified after the certification has
123	been issued; providing for procedures if objections are
124	raised to the proposed modification; creating s. 403.5317,
125	F.S.; providing procedures for changes proposed by the
126	licensee after certification; requiring the department to
127	determine within a certain time if the proposed change
128	requires modification of the conditions of certification;
129	requiring notice to the licensee, all agencies, and all
130	parties of changes that are approved as not requiring
131	modification of the conditions of certification; creating
132	s. 403.5363, F.S.; requiring publication of certain
133	notices by the applicant, the proponent of an alternate
134	corridor, and the department; requiring the department to
135	adopt rules specifying the content of such notices;
136	amending s. 403.5365, F.S.; revising application fees and
137	the distribution of fees collected; revising procedures
138	for reimbursement of local governments and regional
139	planning organizations; amending s. 403.537, F.S.;
140	revising the schedule for notice of a public hearing by
141	the Public Service Commission in order to determine the
142	need for a transmission line; providing that the
143	commission is the sole forum in which to determine the
144	need for a transmission line; amending ss. 373.441,
145	403.061, 403.0876, and 403.809, F.S.; conforming
146	terminology to changes made by the act; repealing ss.
147	403.5253 and 403.5369, F.S., relating to determination of
148	sufficiency of application or amendment to the application
149	and the application of the act to applications filed
150	before a certain date; providing an effective date.
151
152	Be It Enacted by the Legislature of the State of Florida:
153
154	Section 1.  Section 403.52, Florida Statutes, is amended to
155	read:
156	403.52  Short title.--Sections 403.52-403.5365 may be cited
157	as the "Florida Electric Transmission Line Siting Act."
158	Section 2.  Section 403.521, Florida Statutes, is amended
159	to read:
160	403.521  Legislative intent.--The legislative intent of
161	this act is to establish a centralized and coordinated licensing
162	permitting process for the location of electric transmission
163	line corridors and the construction, operation, and maintenance
164	of electric transmission lines, which are critical
165	infrastructure facilities. This necessarily involves several
166	broad interests of the public addressed through the subject
167	matter jurisdiction of several agencies. The Legislature
168	recognizes that electric transmission lines will have an effect
169	upon the reliability of the electric power system, the
170	environment, land use, and the welfare of the population.
171	Recognizing the need to ensure electric power system reliability
172	and integrity, and in order to meet electric electrical energy
173	needs in an orderly and timely fashion, the centralized and
174	coordinated licensing permitting process established by this act
175	is intended to further the legislative goal of ensuring through
176	available and reasonable methods that the location of
177	transmission line corridors and the construction, operation, and
178	maintenance of electric transmission lines produce minimal
179	adverse effects on the environment and public health, safety,
180	and welfare while not unduly conflicting with the goals
181	established by the applicable local comprehensive plan. It is
182	the intent of this act to fully balance the need for
183	transmission lines with the broad interests of the public in
184	order to effect a reasonable balance between the need for the
185	facility as a means of providing reliable, economical, and
186	efficient electric abundant low-cost electrical energy and the
187	impact on the public and the environment resulting from the
188	location of the transmission line corridor and the construction,
189	operation, and maintenance of the transmission lines. The
190	Legislature intends that the provisions of chapter 120 apply to
191	this act and to proceedings under pursuant to it except as
192	otherwise expressly exempted by other provisions of this act.
193	Section 3.  Section 403.522, Florida Statutes, is amended
194	to read:
195	403.522  Definitions relating to the Florida Electric
196	Transmission Line Siting Act.--As used in this act:
197	(1)  "Act" means the Florida Electric Transmission Line
198	Siting Act.
199	(2)  "Agency," as the context requires, means an official,
200	officer, commission, authority, council, committee, department,
201	division, bureau, board, section, or other unit or entity of
202	government, including a county, municipality, or other regional
203	or local governmental entity.
204	(3)  "Amendment" means a material change in information
205	provided by the applicant to the application for certification
206	made after the initial application filing.
207	(4)  "Applicant" means any electric utility that which
208	applies for certification under pursuant to the provisions of
209	this act.
210	(5)  "Application" means the documents required by the
211	department to be filed to initiate and support a certification
212	review and evaluation, including the initial document filing,
213	amendments, and responses to requests from the department for
214	additional data and information proceeding. An electric utility
215	may file a comprehensive application encompassing all or a part
216	of one or more proposed transmission lines.
217	(6)  "Board" means the Governor and Cabinet sitting as the
218	siting board.
219	(7)  "Certification" means the approval by the board of the
220	license for a corridor proper for certification pursuant to
221	subsection (10) and the construction, operation, and maintenance
222	of transmission lines within the such corridor with the such
223	changes or conditions as the siting board deems appropriate.
224	Certification shall be evidenced by a written order of the
225	board.
226	(8)  "Commission" means the Florida Public Service
227	Commission.
228	(9)  "Completeness" means that the application has
229	addressed all applicable sections of the prescribed application
230	format and, but does not mean that those sections are sufficient
231	in comprehensiveness of data or in quality of information
232	provided to allow the department to determine whether the
233	application provides the reviewing agencies adequate information
234	to prepare the reports required by s. 403.526.
235	(10)  "Corridor" means the proposed area within which a
236	transmission line right-of-way, including maintenance and access
237	roads, is to be located. The width of the corridor proposed for
238	certification by an applicant or other party, at the option of
239	the applicant, may be the width of the transmission line right-
240	of-way, or a wider boundary, not to exceed a width of 1 mile.
241	The area within the corridor in which a right-of-way may be
242	located may be further restricted by a condition of
243	certification. After all property interests required for the
244	transmission line right-of-way and maintenance and access roads
245	have been acquired by the applicant, the boundaries of the area
246	certified shall narrow to only that land within the boundaries
247	of the transmission line right-of-way. The corridors proper for
248	certification shall be those addressed in the application, in
249	amendments to the application filed under pursuant to s.
250	403.5275, and in notices of acceptance of proposed alternate
251	corridors filed by an applicant and the department pursuant to
252	s. 403.5271 for which the required sufficient information for
253	the preparation of agency supplemental reports was filed.
254	(11)  "Department" means the Department of Environmental
255	Protection.
256	(12)  "Electric utility" means cities and towns, counties,
257	public utility districts, regulated electric companies, electric
258	cooperatives, regional transmission organizations, operators of
259	independent transmission systems, or other transmission
260	organizations approved by the Federal Energy Regulatory
261	Commission or the commission for the operation of transmission
262	facilities, and joint operating agencies, or combinations
263	thereof, engaged in, or authorized to engage in, the business of
264	generating, transmitting, or distributing electric energy.
265	(13)  "License" means a franchise, permit, certification,
266	registration, charter, comprehensive plan amendment, development
267	order, or permit as defined in chapters 163 and 380, or similar
268	form of authorization required by law, but it does not include a
269	license required primarily for revenue purposes when issuance of
270	the license is merely a ministerial act.
271	(14)  "Licensee" means an applicant that has obtained a
272	certification order for the subject project.
273	(15)(14)  "Local government" means a municipality or county
274	in the jurisdiction of which the project is proposed to be
275	located.
276	(16)  "Maintenance and access roads" mean roads constructed
277	within the transmission line right-of-way. Nothing in this act
278	prohibits an applicant from constructing a road to support
279	construction, operation, or maintenance of the transmission line
280	that lies outside the transmission line right-of-way.
281	(17)(15)  "Modification" means any change in the
282	certification order after issuance, including a change in the
283	conditions of certification.
284	(18)(16)  "Nonprocedural requirements of agencies" means
285	any agency's regulatory requirements established by statute,
286	rule, ordinance, or comprehensive plan, excluding any provisions
287	prescribing forms, fees, procedures, or time limits for the
288	review or processing of information submitted to demonstrate
289	compliance with such regulatory requirements.
290	(19)(17)  "Person" means an individual, partnership, joint
291	venture, private or public corporation, association, firm,
292	public service company, political subdivision, municipal
293	corporation, government agency, public utility district, or any
294	other entity, public or private, however organized.
295	(20)(18)  "Preliminary statement of issues" means a listing
296	and explanation of those issues within the agency's jurisdiction
297	which are of major concern to the agency in relation to the
298	proposed electric electrical transmission line corridor.
299	(21)(19)  "Regional planning council" means a regional
300	planning council as defined in s. 186.503(4) in the jurisdiction
301	of which the project is proposed to be located.
302	(20)  "Sufficiency" means that the application is not only
303	complete but that all sections are adequate in the
304	comprehensiveness of data and in the quality of information
305	provided to allow the department to determine whether the
306	application provides the reviewing agencies adequate information
307	to prepare the reports authorized by s. 403.526.
308	(22)(21)  "Transmission line" or "electric transmission
309	line" means structures, maintenance and access roads, and all
310	other facilities that need to be constructed, operated, or
311	maintained for the purpose of conveying electric power any
312	electrical transmission line extending from, but not including,
313	an existing or proposed substation or power plant to, but not
314	including, an existing or proposed transmission network or
315	rights-of-way or substation to which the applicant intends to
316	connect which defines the end of the proposed project and which
317	is designed to operate at 230 kilovolts or more. The starting
318	point and ending point of a transmission line must be
319	specifically defined by the applicant and must be verified by
320	the commission in its determination of need. A transmission line
321	includes structures and maintenance and access roads that need
322	to be constructed for the project to become operational. The
323	transmission line may include, at the applicant's option, any
324	proposed terminal or intermediate substations or substation
325	expansions necessary to serve the transmission line.
326	(23)(22)  "Transmission line right-of-way" means land
327	necessary for the construction, operation, and maintenance of a
328	transmission line. The typical width of the right-of-way shall
329	be identified in the application. The right-of-way shall be
330	located within the certified corridor and shall be identified by
331	the applicant subsequent to certification in documents filed
332	with the department before prior to construction.
333	(24)(23)  "Water management district" means a water
334	management district created pursuant to chapter 373 in the
335	jurisdiction of which the project is proposed to be located.
336	Section 4.  Section 403.523, Florida Statutes, is amended
337	to read:
338	403.523  Department of Environmental Protection; powers and
339	duties.--The department has shall have the following powers and
340	duties:
341	(1)  To adopt procedural rules pursuant to ss. 120.536(1)
342	and 120.54 to administer implement the provisions of this act
343	and to adopt or amend rules to implement the provisions of
344	subsection (10).
345	(2)  To prescribe the form and content of the public
346	notices and the form, content, and necessary supporting
347	documentation, and any required studies, for certification
348	applications. All such data and studies shall be related to the
349	jurisdiction of the agencies relevant to the application.
350	(3)  To receive applications for transmission line and
351	corridor certifications and initially determine the completeness
352	and sufficiency thereof.
353	(4)  To make or contract for studies of certification
354	applications. All such studies shall be related to the
355	jurisdiction of the agencies relevant to the application. For
356	studies in areas outside the jurisdiction of the department and
357	in the jurisdiction of another agency, the department may
358	initiate such studies, but only with the consent of the such
359	agency.
360	(5)  To administer the processing of applications for
361	certification and ensure that the applications, including
362	postcertification reviews, are processed on an expeditious and
363	priority basis as expeditiously as possible.
364	(6)  To collect and process require such fees as allowed by
365	this act.
366	(7)  To prepare a report and project written analysis as
367	required by s. 403.526.
368	(8)  To prescribe the means for monitoring the effects
369	arising from the location of the transmission line corridor and
370	the construction, operation, and maintenance of the transmission
371	lines to assure continued compliance with the terms of the
372	certification.
373	(9)  To make a determination of acceptability of any
374	alternate corridor proposed for consideration under pursuant to
375	s. 403.5271.
376	(10)  To set requirements that reasonably protect the
377	public health and welfare from the electric and magnetic fields
378	of transmission lines for which an application is filed under
379	after the effective date of this act.
380	(11)  To present rebuttal evidence on any issue properly
381	raised at the certification hearing.
382	(12)  To issue final orders after receipt of the
383	administrative law judge's order relinquishing jurisdiction
384	pursuant to s. 403.527(6).
385	(13)  To act as clerk for the siting board.
386	(14)  To administer and manage the terms and conditions of
387	the certification order and supporting documents and records for
388	the life of the facility.
389	(15)  To issue emergency orders on behalf of the board for
390	facilities licensed under this act.
391	Section 5.  Section 403.524, Florida Statutes, is amended
392	to read:
393	403.524  Applicability; and certification; exemptions.--
394	(1)  The provisions of This act applies apply to each
395	transmission line, except a transmission line certified under
396	pursuant to the Florida Electrical Power Plant Siting Act.
397	(2)  Except as provided in subsection (1), no construction
398	of a any transmission line may not be undertaken without first
399	obtaining certification under this act, but the provisions of
400	this act does do not apply to:
401	(a)  Transmission lines for which development approval has
402	been obtained under pursuant to chapter 380.
403	(b)  Transmission lines that which have been exempted by a
404	binding letter of interpretation issued under s. 380.06(4), or
405	in which the Department of Community Affairs or its predecessor
406	agency has determined the utility to have vested development
407	rights within the meaning of s. 380.05(18) or s. 380.06(20).
408	(c)  Transmission line development in which all
409	construction is limited to established rights-of-way.
410	Established rights-of-way include such rights-of-way established
411	at any time for roads, highways, railroads, gas, water, oil,
412	electricity, or sewage and any other public purpose rights-of-
413	way. If an established transmission line right-of-way is used to
414	qualify for this exemption, the transmission line right-of-way
415	must have been established at least 5 years before notice of the
416	start of construction under subsection (4) of the proposed
417	transmission line. If an established transmission line right-of-
418	way is relocated to accommodate a public project, the date the
419	original transmission line right-of-way was established applies
420	to the relocated transmission line right-of-way for purposes of
421	this exemption. Except for transmission line rights-of-way,
422	established rights-of-way include rights-of-way created before
423	or after October 1, 1983. For transmission line rights-of-way,
424	established rights-of-way include rights-of-way created before
425	October 1, 1983.
426	(d)  Unless the applicant has applied for certification
427	under this act, transmission lines that which are less than 15
428	miles in length or are located in a single which do not cross a
429	county within the state line, unless the applicant has elected
430	to apply for certification under the act.
431	(3)  The exemption of a transmission line under this act
432	does not constitute an exemption for the transmission line from
433	other applicable permitting processes under other provisions of
434	law or local government ordinances.
435	(4)  An electric A utility shall notify the department in
436	writing, before prior to the start of construction, of its
437	intent to construct a transmission line exempted under pursuant
438	to this section. The Such notice is shall be only for
439	information purposes, and no action by the department is not
440	shall be required pursuant to the such notice. This notice may
441	be included in any submittal filed with the department before
442	the start of construction demonstrating that a new transmission
443	line complies with the applicable electric and magnetic field
444	standards.
445	Section 6.  Section 403.525, Florida Statutes, is amended
446	to read:
447	403.525  Appointment of Administrative law judge;
448	appointment; powers and duties.--
449	(1)(a)  Within 7 days after receipt of an application,
450	whether complete or not, the department shall request the
451	Division of Administrative Hearings to designate an
452	administrative law judge to conduct the hearings required by
453	this act.
454	(b)  The division director shall designate an
455	administrative law judge to conduct the hearings required by
456	this act within 7 days after receipt of the request from the
457	department. Whenever practicable, the division director shall
458	assign an administrative law judge who has had prior experience
459	or training in this type of certification proceeding.
460	(c)  Upon being advised that an administrative law judge
461	has been designated, the department shall immediately file a
462	copy of the application and all supporting documents with the
463	administrative law judge, who shall docket the application.
464	(2)  The administrative law judge has all powers and duties
465	granted to administrative law judges under chapter 120 and by
466	the laws and rules of the department.
467	Section 7.  Section 403.5251, Florida Statutes, is amended
468	to read:
469	403.5251  Distribution of Application; schedules.--
470	(1)(a)  The formal date of the filing of the application
471	for certification and commencement of the review process for
472	certification is the date on which the applicant submits:
473	1.  Copies of the application for certification in a
474	quantity and format, electronic or otherwise as prescribed by
475	rule, to the department and other agencies identified in s.
476	403.526(2); and
477	2.  The application fee as specified under s. 403.5365 to
478	the department.
479
480	The department shall provide to the applicant and the Division
481	of Administrative Hearings the names and addresses of any
482	additional agencies or persons entitled to notice and copies of
483	the application and amendments, if any, within 7 days after
484	receiving the application for certification and the application
485	fees.
486	(b)  In the application, the starting point and ending
487	point of a transmission line must be specifically defined by the
488	applicant. Within 7 days after the filing of an application, the
489	department shall provide the applicant and the Division of
490	Administrative Hearings the names and addresses of those
491	affected or other agencies entitled to notice and copies of the
492	application and any amendments.
493	(2)  Within 15 7 days after the formal date of the
494	application filing completeness has been determined, the
495	department shall prepare a proposed schedule of dates for
496	determination of completeness, submission of statements of
497	issues, determination of sufficiency, and submittal of final
498	reports, from affected and other agencies and other significant
499	dates to be followed during the certification process, including
500	dates for filing notices of appearances to be a party under s.
501	403.527(2) pursuant to s. 403.527(4). This schedule shall be
502	provided by the department to the applicant, the administrative
503	law judge, and the agencies identified under pursuant to
504	subsection (1). Within 7 days after the filing of this proposed
505	schedule, the administrative law judge shall issue an order
506	establishing a schedule for the matters addressed in the
507	department's proposed schedule and other appropriate matters, if
508	any.
509	(3)  Within 7 days after completeness has been determined,
510	the applicant shall distribute copies of the application to all
511	agencies identified by the department pursuant to subsection
512	(1). Copies of changes and amendments to the application shall
513	be timely distributed by the applicant to all agencies and
514	parties who have received a copy of the application.
515	(4)  Notice of the filing of the application shall be made
516	in accordance with the requirements of s. 403.5363.
517	Section 8.  Section 403.5252, Florida Statutes, is amended
518	to read:
519	403.5252  Determination of completeness.--
520	(1)(a)  Within 30 days after distribution of an
521	application, the affected agencies shall file a statement with
522	the department containing the recommendations of each agency
523	concerning the completeness of the application for
524	certification.
525	(b)  Within 7 15 days after receipt of the completeness
526	statements of each agency an application, the department shall
527	file a statement with the Division of Administrative Hearings,
528	and with the applicant, and with all parties declaring its
529	position with regard to the completeness, not the sufficiency,
530	of the application. The statement of the department shall be
531	based upon its consultation with the affected agencies.
532	(2)(1)  If the department declares the application to be
533	incomplete, the applicant, within 14 15 days after the filing of
534	the statement by the department, shall file with the Division of
535	Administrative Hearings, with all parties, and with the
536	department a statement:
537	(a)  A withdrawal of Agreeing with the statement of the
538	department and withdrawing the application;
539	(b)  Additional information necessary to make the
540	application complete. After the department first determines the
541	application to be incomplete, the time schedules under this act
542	are not tolled if the applicant makes the application complete
543	within the 14-day period. A subsequent finding by the department
544	that the application remains incomplete tolls the time schedules
545	under this act until the application is determined complete;
546	Agreeing with the statement of the department and agreeing to
547	amend the application without withdrawing it. The time schedules
548	referencing a complete application under this act shall not
549	commence until the application is determined complete; or
550	(c)  A statement contesting the department's determination
551	of incompleteness; or statement of the department.
552	(d)  A statement agreeing with the department and
553	requesting additional time to provide the information necessary
554	to make the application complete. If the applicant exercises
555	this option, the time schedules under this act are tolled until
556	the application is determined complete.
557	(3)(a)(2)  If the applicant contests the determination by
558	the department that an application is incomplete, the
559	administrative law judge shall schedule a hearing on the
560	statement of completeness. The hearing shall be held as
561	expeditiously as possible, but not later than 21 30 days after
562	the filing of the statement by the department. The
563	administrative law judge shall render a decision within 7 10
564	days after the hearing.
565	(b)  Parties to a hearing on the issue of completeness
566	shall include the applicant, the department, and any agency that
567	has jurisdiction over the matter in dispute. Any substantially
568	affected person who wishes to become a party to the hearing on
569	the issue of completeness must file a motion no later than 10
570	days before the date of the hearing.
571	(c)(a)  If the administrative law judge determines that the
572	application was not complete as filed, the applicant shall
573	withdraw the application or make such additional submittals as
574	necessary to complete it. The time schedules referencing a
575	complete application under this act do shall not commence until
576	the application is determined complete.
577	(d)(b)  If the administrative law judge determines that the
578	application was complete at the time it was declared incomplete
579	filed, the time schedules referencing a complete application
580	under this act shall commence upon such determination.
581	(4)  If the applicant provides additional information to
582	address the issues identified in the determination of
583	incompleteness, each affected agency may submit to the
584	department, no later than 14 days after the applicant files the
585	additional information, a recommendation on whether the agency
586	believes the application is complete. Within 21 days after
587	receipt of the additional information from the applicant
588	submitted under paragraphs (2)(b), (2)(d), or (3)(c) and
589	considering the recommendations of the affected agencies, the
590	department shall determine whether the additional information
591	supplied by an applicant makes the application complete. If the
592	department finds that the application is still incomplete, the
593	applicant may exercise any of the options specified in
594	subsection (2) as often as is necessary to resolve the dispute.
595	Section 9.  Section 403.526, Florida Statutes, is amended
596	to read:
597	403.526  Preliminary statements of issues, reports, and
598	project analyses; and studies.--
599	(1)  Each affected agency that is required to file a report
600	which received an application in accordance with this section s.
601	403.5251(3) shall submit a preliminary statement of issues to
602	the department and all parties the applicant no later than 50 60
603	days after the filing distribution of the complete application.
604	Such statements of issues shall be made available to each local
605	government for use as information for public meetings held under
606	pursuant to s. 403.5272. The failure to raise an issue in this
607	preliminary statement of issues does shall not preclude the
608	issue from being raised in the agency's report.
609	(2)(a)  The following affected agencies shall prepare
610	reports as provided below and shall submit them to the
611	department and the applicant no later than within 90 days after
612	the filing distribution of the complete application:
613	1.  The department shall prepare a report as to the impact
614	of each proposed transmission line or corridor as it relates to
615	matters within its jurisdiction.
616	2.  Each water management district in the jurisdiction of
617	which a proposed transmission line or corridor is to be located
618	shall prepare a report as to the impact on water resources and
619	other matters within its jurisdiction.
620	3.  The Department of Community Affairs shall prepare a
621	report containing recommendations which address the impact upon
622	the public of the proposed transmission line or corridor, based
623	on the degree to which the proposed transmission line or
624	corridor is consistent with the applicable portions of the state
625	comprehensive plan, emergency management, and other matters
626	within its jurisdiction. The Department of Community Affairs may
627	also comment on the consistency of the proposed transmission
628	line or corridor with applicable strategic regional policy plans
629	or local comprehensive plans and land development regulations.
630	4.  The Fish and Wildlife Conservation Commission shall
631	prepare a report as to the impact of each proposed transmission
632	line or corridor on fish and wildlife resources and other
633	matters within its jurisdiction.
634	5.  Each local government shall prepare a report as to the
635	impact of each proposed transmission line or corridor on matters
636	within its jurisdiction, including the consistency of the
637	proposed transmission line or corridor with all applicable local
638	ordinances, regulations, standards, or criteria that apply to
639	the proposed transmission line or corridor, including local
640	comprehensive plans, zoning regulations, land development
641	regulations, and any applicable local environmental regulations
642	adopted pursuant to s. 403.182 or by other means. A No change by
643	the responsible local government or local agency in local
644	comprehensive plans, zoning ordinances, or other regulations
645	made after the date required for the filing of the local
646	government's report required by this section is not shall be
647	applicable to the certification of the proposed transmission
648	line or corridor unless the certification is denied or the
649	application is withdrawn.
650	6.  Each regional planning council shall present a report
651	containing recommendations that address the impact upon the
652	public of the proposed transmission line or corridor based on
653	the degree to which the transmission line or corridor is
654	consistent with the applicable provisions of the strategic
655	regional policy plan adopted under pursuant to chapter 186 and
656	other impacts of each proposed transmission line or corridor on
657	matters within its jurisdiction.
658	7.  The Department of Transportation shall prepare a report
659	as to the impact of the proposed transmission line or corridor
660	on state roads, railroads, airports, aeronautics, seaports, and
661	other matters within its jurisdiction.
662	8.  The commission shall prepare a report containing its
663	determination under s. 403.537 and the report may include the
664	comments from the commission with respect to any other subject
665	within its jurisdiction.
666	9.  Any other agency, if requested by the department, shall
667	also perform studies or prepare reports as to subjects within
668	the jurisdiction of the agency which may potentially be affected
669	by the proposed transmission line.
670	(b)  Each report must shall contain:
671	1.  A notice of any nonprocedural requirements not
672	specifically listed in the application from which a variance,
673	exemption, exception, or other relief is necessary in order for
674	the proposed corridor to be certified. Failure to include the
675	notice shall be treated as a waiver from the nonprocedural
676	requirements of that agency.
677	2.  A recommendation for approval or denial of the
678	application.
679	3.  The information on variances required by s. 403.531(2)
680	and proposed conditions of certification on matters within the
681	jurisdiction of each agency. For each condition proposed by an
682	agency, the agency shall list the specific statute, rule, or
683	ordinance, as applicable, which authorizes the proposed
684	condition.
685	(c)  Each reviewing agency shall initiate the activities
686	required by this section no later than 15 days after the
687	complete application is filed distributed. Each agency shall
688	keep the applicant and the department informed as to the
689	progress of its studies and any issues raised thereby.
690	(d)  Receipt of an affirmative determination of need from
691	the commission by the submittal deadline for agency reports
692	under paragraph (a) is a condition precedent to further
693	processing of the application.
694	(3)  The department shall prepare a project written
695	analysis containing which contains a compilation of agency
696	reports and summaries of the material contained therein which
697	shall be filed with the administrative law judge and served on
698	all parties no later than 115 135 days after the application is
699	filed complete application has been distributed to the affected
700	agencies, and which shall include:
701	(a)  A statement indicating whether the proposed electric
702	transmission line will be in compliance with the rules of the
703	department and affected agencies.
704	(b)(a)  The studies and reports required by this section
705	and s. 403.537.
706	(c)(b)  Comments received from any other agency or person.
707	(d)(c)  The recommendation of the department as to the
708	disposition of the application, of variances, exemptions,
709	exceptions, or other relief identified by any party, and of any
710	proposed conditions of certification which the department
711	believes should be imposed.
712	(4)  The failure of any agency to submit a preliminary
713	statement of issues or a report, or to submit its preliminary
714	statement of issues or report within the allowed time, is shall
715	not be grounds for the alteration of any time limitation in this
716	act under pursuant to s. 403.528. Neither The failure to submit
717	a preliminary statement of issues or a report, or nor the
718	inadequacy of the preliminary statement of issues or report, are
719	not shall be grounds to deny or condition certification.
720	Section 10.  Section 403.527, Florida Statutes, is amended
721	to read:
722	(Substantial rewording of section. See s. 403.527, F.S.,
723	for present text.)
724	403.527  Certification hearing, parties, participants.--
725	(1)(a)  No later than 145 days after the application is
726	filed, the administrative law judge shall conduct a
727	certification hearing pursuant to ss. 120.569 and 120.57 at a
728	central location in proximity to the proposed transmission line
729	or corridor.
730	(b)  Notice of the certification hearing and other public
731	hearings provided for in this section and notice of the deadline
732	for filing of notice of intent to be a party shall be made in
733	accordance with the requirements of s. 403.5363.
734	(2)(a)  Parties to the proceeding shall be:
735	1.  The applicant.
736	2.  The department.
737	3.  The commission.
738	4.  The Department of Community Affairs.
739	5.  The Fish and Wildlife Conservation Commission.
740	6.  The Department of Transportation.
741	7.  Each water management district in the jurisdiction of
742	which the proposed transmission line or corridor is to be
743	located.
744	8.  The local government.
745	9.  The regional planning council.
746	(b)  Any party listed in paragraph (a), other than the
747	department or the applicant, may waive its right to participate
748	in these proceedings. If any listed party fails to file a notice
749	of its intent to be a party on or before the 30th day before the
750	certification hearing, the party is deemed to have waived its
751	right to be a party unless its participation would not prejudice
752	the rights of any party to the proceeding.
753	(c)  Notwithstanding the provisions of chapter 120 to the
754	contrary, upon the filing with the administrative law judge of a
755	notice of intent to be a party by an agency, corporation, or
756	association described in subparagraphs 1. and 2. or a petition
757	for intervention by a person described in subparagraph 3. no
758	later than 30 days before the date set for the certification
759	hearing, the following shall also be parties to the proceeding:
760	1.  Any agency not listed in paragraph (a) as to matters
761	within its jurisdiction.
762	2.  Any domestic nonprofit corporation or association
763	formed, in whole or in part, to promote conservation of natural
764	beauty; to protect the environment, personal health, or other
765	biological values; to preserve historical sites; to promote
766	consumer interests; to represent labor, commercial, or
767	industrial groups; or to promote comprehensive planning or
768	orderly development of the area in which the proposed
769	transmission line or corridor is to be located.
770	3.  Any person whose substantial interests are affected and
771	being determined by the proceeding.
772	(d)  Any agency whose properties or works may be affected
773	shall be made a party upon the request of the agency or any
774	party to this proceeding.
775	(3)(a)  The order of presentation at the certification
776	hearing, unless otherwise changed by the administrative law
777	judge to ensure the orderly presentation of witnesses and
778	evidence, shall be:
779	1.  The applicant.
780	2.  The department.
781	3.  State agencies.
782	4.  Regional agencies, including regional planning councils
783	and water management districts.
784	5.  Local governments.
785	6.  Other parties.
786	(b)  When appropriate, any person may be given an
787	opportunity to present oral or written communications to the
788	administrative law judge. If the administrative law judge
789	proposes to consider such communications, all parties shall be
790	given an opportunity to cross-examine, challenge, or rebut the
791	communications.
792	(4)  One public hearing where members of the public who are
793	not parties to the certification hearing may testify shall be
794	held within the boundaries of each county, at the option of any
795	local government.
796	(a)  A local government shall notify the administrative law
797	judge and all parties not later than 21 days after the
798	application has been determined complete as to whether the local
799	government wishes to have a public hearing. If a filing for an
800	alternate corridor is accepted for consideration under s.
801	403.5271(1) by the department and the applicant, any newly
802	affected local government must notify the administrative law
803	judge and all parties not later than 10 days after the data
804	concerning the alternate corridor has been determined complete
805	as to whether the local government wishes to have such a public
806	hearing. The local government is responsible for providing the
807	location of the public hearing if held separately from the
808	certification hearing.
809	(b)  Within 5 days after notification, the administrative
810	law judge shall determine the date of the public hearing, which
811	shall be held before or during the certification hearing. If two
812	or more local governments within one county request a public
813	hearing, the hearing shall be consolidated so that only one
814	public hearing is held in any county. The location of a
815	consolidated hearing shall be determined by the administrative
816	law judge.
817	(c)  If a local government does not request a public
818	hearing within 21 days after the application has been determined
819	complete, persons residing within the jurisdiction of the local
820	government may testify during that portion of the certification
821	hearing at which public testimony is heard.
822	(5)  At the conclusion of the certification hearing, the
823	administrative law judge shall, after consideration of all
824	evidence of record, issue a recommended order disposing of the
825	application no later than 45 days after the transcript of the
826	certification hearing and the public hearings is filed with the
827	Division of Administrative Hearings.
828	(6)(a)  No later than 25 days before the certification
829	hearing, the department or the applicant may request that the
830	administrative law judge cancel the certification hearing and
831	relinquish jurisdiction to the department if all parties to the
832	proceeding stipulate that there are no disputed issues of
833	material fact to be raised at the certification hearing.
834	(b)  The administrative law judge shall issue an order
835	granting or denying the request within 5 days.
836	(c)  If the administrative law judge grants the request,
837	the department and the applicant shall publish notices of the
838	cancellation of the certification hearing in accordance with s.
839	403.5363.
840	(d)1.  If the administrative law judge grants the request,
841	the department shall prepare and issue a final order in
842	accordance with s. 403.529(1)(a).
843	2.  Parties may submit proposed final orders to the
844	department no later than 10 days after the administrative law
845	judge issues an order relinquishing jurisdiction.
846	(7)  The applicant shall pay those expenses and costs
847	associated with the conduct of the hearing and the recording and
848	transcription of the proceedings.
849	Section 11.  Section 403.5271, Florida Statutes, is amended
850	to read:
851	403.5271  Alternate corridors.--
852	(1)  No later than 45 50 days before prior to the
853	originally scheduled certification hearing, any party may
854	propose alternate transmission line corridor routes for
855	consideration under pursuant to the provisions of this act.
856	(a)  A notice of a any such proposed alternate corridor
857	must shall be filed with the administrative law judge, all
858	parties, and any local governments in whose jurisdiction the
859	alternate corridor is proposed. The Such filing must shall
860	include the most recent United States Geological Survey 1:24,000
861	quadrangle maps specifically delineating the corridor
862	boundaries, a description of the proposed corridor, and a
863	statement of the reasons the proposed alternate corridor should
864	be certified.
865	(b)1.  Within 7 days after receipt of the such notice, the
866	applicant and the department shall file with the administrative
867	law judge and all parties a notice of acceptance or rejection of
868	a proposed alternate corridor for consideration. If the
869	alternate corridor is rejected either by the applicant or the
870	department, the certification hearing and the public hearings
871	shall be held as scheduled. If both the applicant and the
872	department accept a proposed alternate corridor for
873	consideration, the certification hearing and the public hearings
874	shall be rescheduled, if necessary.
875	2.  If rescheduled, the certification hearing shall be held
876	no more than 90 days after the previously scheduled
877	certification hearing, unless the data submitted under paragraph
878	(d) is determined to be incomplete, in which case the
879	rescheduled certification hearing shall be held no more than 105
880	days after the previously scheduled certification hearing. If
881	additional time is needed due to the alternate corridor crossing
882	a local government jurisdiction that was not previously
883	affected, in which case the remainder of the schedule listed
884	below shall be appropriately adjusted by the administrative law
885	judge to allow that local government to prepare a report
886	pursuant to s. 403.526(2)(a)5.
887	(c)  Notice of the filing of the alternate corridor, of the
888	revised time schedules, of the deadline for newly affected
889	persons and agencies to file notice of intent to become a party,
890	of the rescheduled hearing date, and of the proceedings pursuant
891	to s. 403.527(1)(b) and (c) shall be published in accordance
892	with s. 403.5363.
893	(d)  Within 21 25 days after acceptance of an alternate
894	corridor by the department and the applicant, the party
895	proposing an alternate corridor shall have the burden of
896	providing all additional data to the agencies listed in s.
897	403.526(2) and newly affected agencies s. 403.526 necessary for
898	the preparation of a supplementary report on the proposed
899	alternate corridor.
900	(e)1.  Reviewing agencies shall advise the department of
901	any issues concerning completeness no later than 15 days after
902	the submittal of the data required by paragraph (d). Within 22
903	days after receipt of the data, the department shall issue a
904	determination of completeness.
905	2.  If the department determines that the data required by
906	paragraph (d) is not complete, the party proposing the alternate
907	corridor must file such additional data to correct the
908	incompleteness. This additional data must be submitted within 14
909	days after the determination by the department.
910	3.  If the department, within 14 days after receiving the
911	additional data, determines that the data remains incomplete,
912	the incompleteness of the data is deemed a withdrawal of the
913	proposed alternate corridor. The department may make its
914	determination based on recommendations made by other affected
915	agencies. If the department determines within 15 days that this
916	additional data is insufficient, the party proposing the
917	alternate corridor shall file such additional data that corrects
918	the insufficiency within 15 days after the filing of the
919	department's determination. If such additional data is
920	determined insufficient, such insufficiency of data shall be
921	deemed a withdrawal of the proposed alternate corridor. The
922	party proposing an alternate corridor shall have the burden of
923	proof on the certifiability of the alternate corridor at the
924	certification hearing pursuant to s. 403.529(4). Nothing in this
925	act shall be construed as requiring the applicant or agencies
926	not proposing the alternate corridor to submit data in support
927	of such alternate corridor.
928	(f)  The agencies listed in s. 403.526(2) and any newly
929	affected agencies s. 403.526 shall file supplementary reports
930	with the applicant and the department which address addressing
931	the proposed alternate corridors no later than 24 60 days after
932	the additional data is submitted pursuant to paragraph (d) or
933	paragraph (e) is determined to be complete.
934	(g)  The agency reports on alternate corridors must include
935	all information required by s. 403.526(2) agencies shall submit
936	supplementary notice pursuant to s. 403.531(2) at the time of
937	filing of their supplemental report.
938	(h)  The department shall file with the administrative law
939	judge, the applicant, and all parties a project prepare a
940	written analysis consistent with s. 403.526(3) no more than 16
941	at least 29 days after submittal of agency reports on prior to
942	the rescheduled certification hearing addressing the proposed
943	alternate corridor.
944	(2)  If the original certification hearing date is
945	rescheduled, the rescheduling shall not provide the opportunity
946	for parties to file additional alternate corridors to the
947	applicant's proposed corridor or any accepted alternate
948	corridor. However, an amendment to the application which changes
949	the alignment of the applicant's proposed corridor shall require
950	rescheduling of the certification hearing, if necessary, so as
951	to allow time for a party to file alternate corridors to the
952	realigned proposed corridor for which the application has been
953	amended. Any such alternate corridor proposal shall have the
954	same starting and ending points as the realigned portion of the
955	corridor proposed by the applicant's amendment, provided that
956	the administrative law judge for good cause shown may authorize
957	another starting or ending point in the area of the applicant's
958	amended 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 may not
965	shall be admitted at the certification hearing on any alternate
966	corridor, unless the alternate corridor was proposed by the
967	filing of a notice at least 45 50 days before prior to the
968	originally scheduled certification hearing pursuant to this
969	section. Rejected alternate corridors shall be considered by the
970	board as provided in s. 403.529(4) and (5).
971	(b)  The party proposing an alternate corridor has the
972	burden to prove that the alternate corridor can be certified at
973	the certification hearing. This act does not require an
974	applicant or agency that is not proposing the alternate corridor
975	to submit data in support of the alternate corridor.
976	(4)  If an alternate corridor is accepted by the applicant
977	and the department pursuant to a notice of acceptance as
978	provided in this subsection and the such corridor is ultimately
979	determined to be the corridor that would meet the criteria set
980	forth in s. 403.529(4) and (5), the board shall certify that
981	corridor.
982	Section 12.  Section 403.5272, Florida Statutes, is amended
983	to read:
984	403.5272  Local governments; Informational public
985	meetings.--
986	(1)  A local government whose jurisdiction is to be crossed
987	by a proposed corridor governments may hold one informational
988	public meeting meetings in addition to the hearings specifically
989	authorized by this act on any matter associated with the
990	transmission line proceeding. The Such informational public
991	meeting may be conducted by the local government or the regional
992	planning council and shall meetings should be held no later than
993	55 80 days after the application is filed. The purpose of an
994	informational public meeting is for the local government or
995	regional planning council to further inform the general public
996	about the transmission line proposed, obtain comments from the
997	public, and formulate its recommendation with respect to the
998	proposed transmission line.
999	(2)  Informational public meetings shall be held solely at
1000	the option of each local government or regional planning
1001	council. It is the legislative intent that local governments or
1002	regional planning councils attempt to hold such public meetings.
1003	Parties to the proceedings under this act shall be encouraged to
1004	attend; however, a no party other than the applicant and the
1005	department is not shall be required to attend the such
1006	informational public meetings hearings.
1007	(3)  A local government or regional planning council that
1008	intends to conduct an informational public meeting must provide
1009	notice of the meeting, with notice sent to all parties listed in
1010	s. 403.527(2)(a), not less than 5 days before the meeting.
1011	(4)(3)  The failure to hold an informational public meeting
1012	or the procedure used for the informational public meeting are
1013	shall not be grounds for the alteration of any time limitation
1014	in this act under pursuant to s. 403.528 or grounds to deny or
1015	condition certification.
1016	Section 13.  Section 403.5275, Florida Statutes, is amended
1017	to read:
1018	403.5275  Amendment to the application.--
1019	(1)  Any amendment made to the application before
1020	certification shall be sent by the applicant to the
1021	administrative law judge and to all parties to the proceeding.
1022	(2)  Any amendment to the application made before prior to
1023	certification shall be disposed of as part of the original
1024	certification proceeding. Amendment of the application may be
1025	considered "good cause" for alteration of time limits pursuant
1026	to s. 403.528.
1027	Section 14.  Section 403.528, Florida Statutes, is amended
1028	to read:
1029	403.528  Alteration of time limits.--
1030	(1)  Any time limitation in this act may be altered by the
1031	administrative law judge upon stipulation between the department
1032	and the applicant unless objected to by any party within 5 days
1033	after notice or for good cause shown by any party.
1034	(2)  A comprehensive application encompassing more than one
1035	proposed transmission line may be good cause for alternation of
1036	time limits.
1037	Section 15.  Section 403.529, Florida Statutes, is amended
1038	to read:
1039	403.529  Final disposition of application.--
1040	(1)(a)  If the administrative law judge has granted a
1041	request to cancel the certification hearing and has relinquished
1042	jurisdiction to the department under s. 403.527(6), within 40
1043	days thereafter, the secretary of the department shall act upon
1044	the application by written order in accordance with the terms of
1045	this act and state the reasons for issuance or denial.
1046	(b)  If the administrative law judge does not grant a
1047	request to cancel the certification hearing under the provisions
1048	of s. 403.527(6) within 60 30 days after receipt of the
1049	administrative law judge's recommended order, the board shall
1050	act upon the application by written order, approving in whole,
1051	approving with such conditions as the board deems appropriate,
1052	or denying the certification and stating the reasons for
1053	issuance or denial.
1054	(2)  The issues that may be raised in any hearing before
1055	the board shall be limited to matters raised in the
1056	certification proceeding before the administrative law judge or
1057	raised in the recommended order of the administrative law judge.
1058	All parties, or their representatives, or persons who appear
1059	before the board shall be subject to the provisions of s.
1060	120.66.
1061	(3)  If certification is denied, the board, or secretary if
1062	applicable, shall set forth in writing the action the applicant
1063	would have to take to secure the approval of the application by
1064	the board.
1065	(4)  In determining whether an application should be
1066	approved in whole, approved with modifications or conditions, or
1067	denied, the board, or secretary when applicable, shall consider
1068	whether, and the extent to which, the location of the
1069	transmission line corridor and the construction, operation, and
1070	maintenance of the transmission line will:
1071	(a)  Ensure electric power system reliability and
1072	integrity;
1073	(b)  Meet the electrical energy needs of the state in an
1074	orderly, economical, and timely fashion;
1075	(c)  Comply with applicable nonprocedural requirements of
1076	agencies;
1077	(d)  Be consistent with applicable provisions of local
1078	government comprehensive plans, if any; and
1079	(e)  Effect a reasonable balance between the need for the
1080	transmission line as a means of providing reliable, economically
1081	efficient electric energy, as determined by the commission,
1082	under s. 403.537, abundant low-cost electrical energy and the
1083	impact upon the public and the environment resulting from the
1084	location of the transmission line corridor and the construction,
1085	operation, and maintenance of the transmission lines.
1086	(5)(a)  Any transmission line corridor certified by the
1087	board, or secretary if applicable, shall meet the criteria of
1088	this section. When more than one transmission line corridor is
1089	proper for certification under pursuant to s. 403.522(10) and
1090	meets the criteria of this section, the board, or secretary if
1091	applicable, shall certify the transmission line corridor that
1092	has the least adverse impact regarding the criteria in
1093	subsection (4), including costs.
1094	(b)  If the board, or secretary if applicable, finds that
1095	an alternate corridor rejected pursuant to s. 403.5271 meets the
1096	criteria of subsection (4) and has the least adverse impact
1097	regarding the criteria in subsection (4), including cost, of all
1098	corridors that meet the criteria of subsection (4), then the
1099	board, or secretary if applicable, shall deny certification or
1100	shall allow the applicant to submit an amended application to
1101	include the such corridor.
1102	(c)  If the board, or secretary if applicable, finds that
1103	two or more of the corridors that comply with the provisions of
1104	subsection (4) have the least adverse impacts regarding the
1105	criteria in subsection (4), including costs, and that the such
1106	corridors are substantially equal in adverse impacts regarding
1107	the criteria in subsection (4), including costs, then the board,
1108	or secretary if applicable, shall certify the corridor preferred
1109	by the applicant if the corridor is one proper for certification
1110	under pursuant to s. 403.522(10).
1111	(6)  The issuance or denial of the certification is by the
1112	board shall be the final administrative action required as to
1113	that application.
1114	Section 16.  Section 403.531, Florida Statutes, is amended
1115	to read:
1116	403.531  Effect of certification.--
1117	(1)  Subject to the conditions set forth therein,
1118	certification shall constitute the sole license of the state and
1119	any agency as to the approval of the location of transmission
1120	line corridors and the construction, operation, and maintenance
1121	of transmission lines. The certification is shall be valid for
1122	the life of the transmission line, if provided that construction
1123	on, or condemnation or acquisition of, the right-of-way is
1124	commenced within 5 years after of the date of certification or
1125	such later date as may be authorized by the board.
1126	(2)(a)  The certification authorizes shall authorize the
1127	licensee applicant to locate the transmission line corridor and
1128	to construct and maintain the transmission lines subject only to
1129	the conditions of certification set forth in the such
1130	certification.
1131	(b)  The certification may include conditions that which
1132	constitute variances and exemptions from nonprocedural standards
1133	or rules regulations of the department or any other agency,
1134	which were expressly considered during the certification review
1135	proceeding unless waived by the agency as provided in s. 403.526
1136	below and which otherwise would be applicable to the location of
1137	the proposed transmission line corridor or the construction,
1138	operation, and maintenance of the transmission lines. Each party
1139	shall notify the applicant and other parties at the time
1140	scheduled for the filing of the agency reports of any
1141	nonprocedural requirements not specifically listed in the
1142	application from which a variance, exemption, exception, or
1143	other relief is necessary in order for the board to certify any
1144	corridor proposed for certification. Failure of such
1145	notification shall be treated as a waiver from the nonprocedural
1146	requirements of that agency.
1147	(3)(a)  The certification shall be in lieu of any license,
1148	permit, certificate, or similar document required by any state,
1149	regional, or local agency under pursuant to, but not limited to,
1150	chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
1151	chapter 253, chapter 258, chapter 298, chapter 370, chapter 372,
1152	chapter 373, chapter 376, chapter 380, chapter 381, chapter 387,
1153	chapter 403, chapter 404, the Florida Transportation Code, or 33
1154	U.S.C. s. 1341.
1155	(b)  On certification, any license, easement, or other
1156	interest in state lands, except those the title of which is
1157	vested in the Board of Trustees of the Internal Improvement
1158	Trust Fund, shall be issued by the appropriate agency as a
1159	ministerial act. The applicant shall be required to seek any
1160	necessary interest in state lands the title to which is vested
1161	in the Board of Trustees of the Internal Improvement Trust Fund
1162	from the board of trustees before, during, or after the
1163	certification proceeding, and certification may be made
1164	contingent upon issuance of the appropriate interest in realty.
1165	However, neither the applicant and nor any party to the
1166	certification proceeding may not directly or indirectly raise or
1167	relitigate any matter that which was or could have been an issue
1168	in the certification proceeding in any proceeding before the
1169	Board of Trustees of the Internal Improvement Trust Fund wherein
1170	the applicant is seeking a necessary interest in state lands,
1171	but the information presented in the certification proceeding
1172	shall be available for review by the board of trustees and its
1173	staff.
1174	(4)  This act does shall not in any way affect the
1175	ratemaking powers of the commission under chapter 366. This act
1176	does shall also not in any way affect the right of any local
1177	government to charge appropriate fees or require that
1178	construction be in compliance with the National Electrical
1179	Safety Code, as prescribed by the commission.
1180	(5)  A No term or condition of certification may not shall
1181	be interpreted to preclude the postcertification exercise by any
1182	party of whatever procedural rights it may have under chapter
1183	120, including those related to rulemaking proceedings.
1184	Section 17.  Section 403.5312, Florida Statutes, is amended
1185	to read:
1186	403.5312  Filing Recording of notice of certified corridor
1187	route.--
1188	(1)  Within 60 days after certification of a directly
1189	associated transmission line under pursuant to ss. 403.501-
1190	403.518 or a transmission line corridor under pursuant to ss.
1191	403.52-403.5365, the applicant shall file with the department
1192	and, in accordance with s. 28.222, with the clerk of the circuit
1193	court for each county through which the corridor will pass, a
1194	notice of the certified route.
1195	(2)  The notice must shall consist of maps or aerial
1196	photographs in the scale of 1:24,000 which clearly show the
1197	location of the certified route and must shall state that the
1198	certification of the corridor will result in the acquisition of
1199	rights-of-way within the corridor. Each clerk shall record the
1200	filing in the official record of the county for the duration of
1201	the certification or until such time as the applicant certifies
1202	to the department and the clerk that all lands required for the
1203	transmission line rights-of-way within the corridor have been
1204	acquired within the such county, whichever is sooner.
1205	(3)  The recording of this notice does shall not constitute
1206	a lien, cloud, or encumbrance on real property.
1207	Section 18.  Section 403.5315, Florida Statutes, is amended
1208	to read:
1209	403.5315  Modification of certification.--A certification
1210	may be modified after issuance in any one of the following ways:
1211	(1)  The board may delegate to the department the authority
1212	to modify specific conditions in the certification.
1213	(2)  The licensee may file a petition for modification with
1214	the department or the department may initiate the modification
1215	upon its own initiative.
1216	(a)  A petition for modification must set forth:
1217	1.  The proposed modification;
1218	2.  The factual reasons asserted for the modification; and
1219	3.  The anticipated additional environmental effects of the
1220	proposed modification.
1221	(b)(2)  The department may modify the terms and conditions
1222	of the certification if no party objects in writing to the such
1223	modification within 45 days after notice by mail to the last
1224	address of record in the certification proceeding, and if no
1225	other person whose substantial interests will be affected by the
1226	modification objects in writing within 30 days after issuance of
1227	public notice.
1228	(c)  If objections are raised or the department denies the
1229	proposed modification, the licensee may file a request for
1230	hearing on the modification with the department. Such a request
1231	shall be handled pursuant to chapter 120.
1232	(d)  A request for hearing referred to the Division of
1233	Administrative Hearings shall be disposed of in the same manner
1234	as an application but with time periods established by the
1235	administrative law judge commensurate with the significance of
1236	the modification requested. If objections are raised, the
1237	applicant may file a petition for modification pursuant to
1238	subsection (3).
1239	(3)  The applicant or the department may file a petition
1240	for modification with the department and the Division of
1241	Administrative Hearings setting forth:
1242	(a)  The proposed modification;
1243	(b)  The factual reasons asserted for the modification; and
1244	(c)  The anticipated additional environmental effects of
1245	the proposed modification.
1246	(4)  Petitions filed pursuant to subsection (3) shall be
1247	disposed of in the same manner as an application but with time
1248	periods established by the administrative law judge commensurate
1249	with the significance of the modification requested.
1250	Section 19.  Section 403.5317, Florida Statutes, is created
1251	to read:
1252	403.5317  Postcertification activities.--
1253	(1)(a)  If, subsequent to certification, a licensee
1254	proposes any material change to the application or prior
1255	amendments, the licensee shall submit to the department a
1256	written request for amendment and description of the proposed
1257	change to the application. The department shall, within 30 days
1258	after the receipt of the request for the amendment, determine
1259	whether the proposed change to the application requires a
1260	modification of the conditions of certification.
1261	(b)  If the department concludes that the change would not
1262	require a modification of the conditions of certification, the
1263	department shall notify, in writing, the licensee, all agencies,
1264	and all parties of the approval of the amendment.
1265	(c)  If the department concludes that the change would
1266	require a modification of the conditions of certification, the
1267	department shall notify the licensee that the proposed change to
1268	the application requires a request for modification under s.
1269	403.5315.
1270	(2)  Postcertification submittals filed by a licensee with
1271	one or more agencies are for the purpose of monitoring for
1272	compliance with the issued certification. Each submittal must be
1273	reviewed by each agency on an expedited and priority basis
1274	because each facility certified under this act is a critical
1275	infrastructure facility. Postcertification review may not be
1276	completed more than 90 days after complete information for a
1277	segment of the certified transmission line is submitted to the
1278	reviewing agencies.
1279	Section 20.  Section 403.5363, Florida Statutes, is created
1280	to read:
1281	403.5363  Public notices; requirements.--
1282	(1)(a)  The applicant shall arrange for the publication of
1283	the notices specified in paragraph (b).
1284	1.  The notices shall be published in newspapers of general
1285	circulation within counties crossed by the transmission line
1286	corridors proper for certification. The required newspaper
1287	notices for filing of an application and for the certification
1288	hearing shall be one-half page in size in a standard-size
1289	newspaper or a full page in a tabloid-size newspaper and
1290	published in a section of the newspaper other than the section
1291	for legal notices. These two notices must include a map
1292	generally depicting all transmission corridors proper for
1293	certification. A newspaper of general circulation shall be the
1294	newspaper within a county crossed by a transmission line
1295	corridor proper for certification which newspaper has the
1296	largest daily circulation in that county and has its principal
1297	office in that county. If the newspaper having the largest daily
1298	circulation has its principal office outside the county, the
1299	notices must appear in both the newspaper having the largest
1300	circulation in that county and in a newspaper authorized to
1301	publish legal notices in that county.
1302	2.  The department shall adopt rules specifying the content
1303	of the newspaper notices.
1304	3.  All notices published by the applicant shall be paid
1305	for by the applicant and shall be in addition to the application
1306	fee.
1307	(b)  Public notices that must be published under this
1308	section include:
1309	1.  The notice of the filing of an application, which must
1310	include a description of the proceedings required by this act.
1311	The notice must describe the provisions of s. 403.531(1) and (2)
1312	and give the date by which notice of intent to be a party or a
1313	petition to intervene in accordance with s. 403.527(2) must be
1314	filed. This notice must be published no more than 21 days after
1315	the application is filed.
1316	2.  The notice of the certification hearing and any other
1317	public hearing permitted under s. 403.527. The notice must
1318	include the date by which a person wishing to appear as a party
1319	must file the notice to do so. The notice of the certification
1320	hearing must be published at least 65 days before the date set
1321	for the certification hearing.
1322	3.  The notice of the cancellation of the certification
1323	hearing, if applicable. The notice must be published at least 3
1324	days before the date of the originally scheduled certification
1325	hearing.
1326	4.  The notice of the filing of a proposal to modify the
1327	certification submitted under s. 403.5315, if the department
1328	determines that the modification would require relocation or
1329	expansion of the transmission line right-of-way or a certified
1330	substation.
1331	(2)  The proponent of an alternate corridor shall arrange
1332	for the publication of the filing of the proposal for an
1333	alternate corridor, the revised time schedules, the date by
1334	which newly affected persons or agencies may file the notice of
1335	intent to become a party, and the date of the rescheduled
1336	hearing. A notice listed in this subsection must be published in
1337	a newspaper of general circulation within the county or counties
1338	crossed by the proposed alternate corridor and comply with the
1339	content requirements set forth in paragraph (1)(a). The notice
1340	must be published not less than 50 days before the rescheduled
1341	certification hearing.
1342	(3)  The department shall arrange for the publication of
1343	the following notices in the manner specified by chapter 120:
1344	(a)  The notice of the filing of an application and the
1345	date by which a person intending to become a party must file the
1346	notice of intent. The notice must be published no later than 21
1347	days after the application has been filed.
1348	(b)  The notice of any administrative hearing for
1349	certification, if applicable. The notice must be published not
1350	less than 65 days before the date set for a hearing, except that
1351	notice for a rescheduled certification hearing after acceptance
1352	of an alternative corridor must be published not less than 50
1353	days before the date set for the hearing.
1354	(c)  The notice of the cancellation of a certification
1355	hearing, if applicable. The notice must be published not later
1356	than 7 days before the date of the originally scheduled
1357	certification hearing.
1358	(d)  The notice of the hearing before the siting board, if
1359	applicable.
1360	(e)  The notice of stipulations, proposed agency action, or
1361	a petition for modification.
1362	Section 21.  Section 403.5365, Florida Statutes, is amended
1363	to read:
1364	403.5365  Fees; disposition.--The department shall charge
1365	the applicant the following fees, as appropriate, which, unless
1366	otherwise specified, shall be paid into the Florida Permit Fee
1367	Trust Fund:
1368	(1)  An application fee.
1369	(a)  The application fee shall be of $100,000, plus $750
1370	per mile for each mile of corridor in which the transmission
1371	line right-of-way is proposed to be located within an existing
1372	electric electrical transmission line right-of-way or within any
1373	existing right-of-way for any road, highway, railroad, or other
1374	aboveground linear facility, or $1,000 per mile for each mile of
1375	electric transmission line corridor proposed to be located
1376	outside the such existing right-of-way.
1377	(b)(a)  Sixty percent of the fee shall go to the department
1378	to cover any costs associated with coordinating the review of
1379	reviewing and acting upon the application and any costs for
1380	field services associated with monitoring construction and
1381	operation of the electric transmission line facility.
1382	(c)(b)  The following percentage Twenty percent of the fees
1383	specified under this section, except postcertification fees,
1384	shall be transferred to the Administrative Trust Fund of the
1385	Division of Administrative Hearings of the Department of
1386	Management Services:.
1387	1.  Five percent to compensate for expenses from the
1388	initial exercise of duties associated with the filing of an
1389	application.
1390	2.  An additional 10 percent if an administrative hearing
1391	under s. 403.527 is held.
1392	(d)1.(c)  Upon written request with proper itemized
1393	accounting within 90 days after final agency action by the
1394	siting board or the department or the withdrawal of the
1395	application, the agencies that prepared reports under s. 403.526
1396	or s. 403.5271 or participated in a hearing under s. 403.527 or
1397	s. 403.5271 may submit a written request to the department for
1398	reimbursement of expenses incurred during the certification
1399	proceedings. The request must contain an accounting of expenses
1400	incurred, which may include time spent reviewing the
1401	application, department shall reimburse the expenses and costs
1402	of the Department of Community Affairs, the Fish and Wildlife
1403	Conservation Commission, the water management district, regional
1404	planning council, and local government in the jurisdiction of
1405	which the transmission line is to be located. Such reimbursement
1406	shall be authorized for the preparation of any studies required
1407	of the agencies by this act, and for agency travel and per diem
1408	to attend any hearing held under pursuant to this act, and for
1409	the local government or regional planning council providing
1410	additional notice of the informational public meeting. The
1411	department shall review the request and verify whether a claimed
1412	expense is valid. Valid expenses shall be reimbursed; however,
1413	if to participate in the proceedings. In the event the amount of
1414	funds available for reimbursement allocation is insufficient to
1415	provide for full compensation complete reimbursement to the
1416	agencies, reimbursement shall be on a prorated basis.
1417	2.  If the application review is held in abeyance for more
1418	than 1 year, the agencies may submit a request for reimbursement
1419	under subparagraph 1.
1420	(e)(d)  If any sums are remaining, the department shall
1421	retain them for its use in the same manner as is otherwise
1422	authorized by this section; provided, however, that if the
1423	certification application is withdrawn, the remaining sums shall
1424	be refunded to the applicant within 90 days after withdrawal.
1425	(2)  An amendment fee.
1426	(a)  If no corridor alignment change is proposed by the
1427	amendment, no amendment fee shall be charged.
1428	(b)  If a corridor alignment change under s. 403.5275 is
1429	proposed by the applicant, an additional fee of a minimum of
1430	$2,000 and $750 per mile shall be submitted to the department
1431	for use in accordance with this act.
1432	(c)  If an amendment is required to address issues,
1433	including alternate corridors under pursuant to s. 403.5271,
1434	raised by the department or other parties, no fee for the such
1435	amendment shall be charged.
1436	(3)  A certification modification fee.
1437	(a)  If no corridor alignment change is proposed by the
1438	licensee applicant, the modification fee shall be $4,000.
1439	(b)  If a corridor alignment change is proposed by the
1440	licensee applicant, the fee shall be $1,000 for each mile of
1441	realignment plus an amount not to exceed $10,000 to be fixed by
1442	rule on a sliding scale based on the load-carrying capability
1443	and configuration of the transmission line for use in accordance
1444	with subsection (1) (2).
1445	Section 22.  Subsection (1) of section 403.537, Florida
1446	Statutes, is amended to read:
1447	403.537  Determination of need for transmission line;
1448	powers and duties.--
1449	(1)(a)  Upon request by an applicant or upon its own
1450	motion, the Florida Public Service Commission shall schedule a
1451	public hearing, after notice, to determine the need for a
1452	transmission line regulated by the Florida Electric Transmission
1453	Line Siting Act, ss. 403.52-403.5365. The Such notice shall be
1454	published at least 21 45 days before the date set for the
1455	hearing and shall be published by the applicant in at least one-
1456	quarter page size notice in newspapers of general circulation,
1457	and by the commission in the manner specified in chapter 120 in
1458	the Florida Administrative Weekly, by giving notice to counties
1459	and regional planning councils in whose jurisdiction the
1460	transmission line could be placed, and by giving notice to any
1461	persons who have requested to be placed on the mailing list of
1462	the commission for this purpose. Within 21 days after receipt of
1463	a request for determination by an applicant, the commission
1464	shall set a date for the hearing. The hearing shall be held
1465	pursuant to s. 350.01 within 45 days after the filing of the
1466	request, and a decision shall be rendered within 60 days after
1467	such filing.
1468	(b)  The commission shall be the sole forum in which to
1469	determine the need for a transmission line. The need for a
1470	transmission line may not be raised or be the subject of review
1471	in another proceeding.
1472	(c)(b)  In the determination of need, the commission shall
1473	take into account the need for electric system reliability and
1474	integrity, the need for abundant, low-cost electrical energy to
1475	assure the economic well-being of the residents citizens of this
1476	state, the appropriate starting and ending point of the line,
1477	and other matters within its jurisdiction deemed relevant to the
1478	determination of need. The appropriate starting and ending
1479	points of the electric transmission line must be verified by the
1480	commission in its determination of need.
1481	(d)(c)  The determination by the commission of the need for
1482	the transmission line, as defined in s. 403.522(22) s.
1483	403.522(21), is binding on all parties to any certification
1484	proceeding under pursuant to the Florida Electric Transmission
1485	Line Siting Act and is a condition precedent to the conduct of
1486	the certification hearing prescribed therein. An order entered
1487	pursuant to this section constitutes final agency action.
1488	Section 23.  Subsection (3) of section 373.441, Florida
1489	Statutes, is amended to read:
1490	373.441  Role of counties, municipalities, and local
1491	pollution control programs in permit processing.--
1492	(3)  The department shall review environmental resource
1493	permit applications for electrical distribution and transmission
1494	lines and other facilities related to the production,
1495	transmission, and distribution of electricity which are not
1496	certified under ss. 403.52-403.5365, the Florida Electric
1497	Transmission Line Siting Act, regulated under this part.
1498	Section 24.  Subsection (30) of section 403.061, Florida
1499	Statutes, is amended to read:
1500	403.061  Department; powers and duties.--The department
1501	shall have the power and the duty to control and prohibit
1502	pollution of air and water in accordance with the law and rules
1503	adopted and promulgated by it and, for this purpose, to:
1504	(30)  Establish requirements by rule that reasonably
1505	protect the public health and welfare from electric and magnetic
1506	fields associated with existing 230 kV or greater electrical
1507	transmission lines, new 230 kV and greater electrical
1508	transmission lines for which an application for certification
1509	under the Florida Electric Transmission Line Siting Act, ss.
1510	403.52-403.5365, is not filed, new or existing electrical
1511	transmission or distribution lines with voltage less than 230
1512	kV, and substation facilities. Notwithstanding any other
1513	provision in this chapter or any other law of this state or
1514	political subdivision thereof, the department shall have
1515	exclusive jurisdiction in the regulation of electric and
1516	magnetic fields associated with all electrical transmission and
1517	distribution lines and substation facilities. However, nothing
1518	herein shall be construed as superseding or repealing the
1519	provisions of s. 403.523(1) and (10).
1520
1521	The department shall implement such programs in conjunction with
1522	its other powers and duties and shall place special emphasis on
1523	reducing and eliminating contamination that presents a threat to
1524	humans, animals or plants, or to the environment.
1525	Section 25.  Paragraph (a) of subsection (3) of section
1526	403.0876, Florida Statutes, is amended to read:
1527	403.0876  Permits; processing.--
1528	(3)(a)  The department shall establish a special unit for
1529	permit coordination and processing to provide expeditious
1530	processing of department permits which the district offices are
1531	unable to process expeditiously and to provide accelerated
1532	processing of certain permits or renewals for economic and
1533	operating stability. The ability of the department to process
1534	applications under pursuant to this subsection in a more timely
1535	manner than allowed by subsections (1) and (2) is dependent upon
1536	the timely exchange of information between the applicant and the
1537	department and the intervention of outside parties as allowed by
1538	law. An applicant may request the processing of its permit
1539	application by the special unit if the application is from an
1540	area of high unemployment or low per capita income, is from a
1541	business or industry that is the primary employer within an
1542	area's labor market, or is in an industry with respect to which
1543	the complexities involved in the review of the application
1544	require special skills uniquely available in the headquarters
1545	office. The department may require the applicant to waive the
1546	90-day time limitation for department issuance or denial of the
1547	permit once for a period not to exceed 90 days. The department
1548	may require a special fee to cover the direct cost of processing
1549	special applications in addition to normal permit fees and
1550	costs. The special fee may not exceed $10,000 per permit
1551	required. Applications for renewal permits, but not applications
1552	for initial permits, required for facilities pursuant to the
1553	Electrical Power Plant Siting Act or the Florida Electric
1554	Transmission Line Siting Act may be processed under this
1555	subsection. Personnel staffing the special unit shall have
1556	lengthy experience in permit processing.
1557	Section 26.  Paragraph (b) of subsection (3) of section
1558	403.809, Florida Statutes, is amended to read:
1559	403.809  Environmental districts; establishment; managers;
1560	functions.--
1561	(3)
1562	(b)  The processing of all applications for permits,
1563	licenses, certificates, and exemptions shall be accomplished at
1564	the district center or the branch office, except for those
1565	applications specifically assigned elsewhere in the department
1566	under s. 403.805 or to the water management districts under s.
1567	403.812 and those applications assigned by interagency agreement
1568	as provided in this act. However, the secretary, as head of the
1569	department, may not delegate to district or subdistrict
1570	managers, water management districts, or any unit of local
1571	government the authority to act on the following types of permit
1572	applications:
1573	1.  Permits issued under s. 403.0885, except such permit
1574	issuance may be delegated to district managers.
1575	2.  Construction of major air pollution sources.
1576	3.  Certifications under the Florida Electrical Power Plant
1577	Siting Act or the Florida Electric Transmission Line Siting Act
1578	and the associated permit issued under s. 403.0885, if
1579	applicable.
1580	4.  Permits issued under s. 403.0885 to steam electric
1581	generating facilities regulated pursuant to 40 C.F.R. part 423.
1582	5.  Permits issued under s. 378.901.
1583	Section 27.  Sections 403.5253 and 403.5369, Florida
1584	Statutes, are repealed.
1585	Section 28.  This act shall take effect upon becoming a
1586	law.

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