Amendment
Bill No. 1473

Amendment No. 376671

CHAMBER ACTION
Senate		House
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1	Representative Hasner offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Legislative findings and intent.--The
6	Legislature finds that advancing the development of renewable
7	energy technologies and energy efficiency is important for the
8	state's future, its energy stability, and the protection of its
9	citizens' public health and its environment. The Legislature
10	finds that the development of renewable energy technologies and
11	energy efficiency in the state will help to reduce demand for
12	foreign fuels, promote energy diversity, enhance system
13	reliability, reduce pollution, educate the public on the promise
14	of renewable energy technologies, and promote economic growth.
15	The Legislature finds that there is a need to assist in the
16	development of market demand that will advance the
17	commercialization and widespread application of renewable energy
18	technologies. The Legislature further finds that the state is
19	ideally positioned to stimulate economic development through
20	such renewable energy technologies due to its ongoing and
21	successful research and development track record in these areas,
22	an abundance of natural and renewable energy sources, an ability
23	to attract significant federal research and development funds,
24	and the need to find and secure renewable energy technologies
25	for the benefit of its citizens, visitors, and environment.
26	Section 2.  Section 377.801, Florida Statutes, is created
27	to read:
28	377.801  Short title.--Sections 377.801-377.806 may be
29	cited as the "Florida Renewable Energy Technologies and Energy
30	Efficiency Act."
31	Section 3.  Section 377.802, Florida Statutes, is created
32	to read:
33	377.802  Purpose.--This act is intended to provide matching
34	grants to stimulate capital investment in the state and to
35	enhance the market for and promote the statewide utilization of
36	renewable energy technologies. The targeted grants program is
37	designed to advance the already growing establishment of
38	renewable energy technologies in the state and encourage the use
39	of other incentives such as tax exemptions and regulatory
40	certainty to attract additional renewable energy technology
41	producers, developers, and users to the state. This act is also
42	intended to provide incentives for the purchase of energy-
43	efficient appliances and rebates for solar energy equipment
44	installations for residential and commercial buildings.
45	Section 4.  Section 377.803, Florida Statutes, is created
46	to read:
47	377.803  Definitions.--As used in ss. 377.801-377.806, the
48	term:
49	(1)  "Act" means the Florida Renewable Energy Technologies
50	and Energy Efficiency Act.
51	(2)  "Approved metering equipment" means a device capable
52	of measuring the energy output of a solar thermal system that
53	has been approved by the commission.
54	(3)  "Commission" means the Florida Public Service
55	Commission.
56	(4)  "Department" means the Department of Environmental
57	Protection.
58	(5)  "Person" means an individual, partnership, joint
59	venture, private or public corporation, association, firm,
60	public service company, or any other public or private entity.
61	(6)  "Renewable energy" means electrical, mechanical, or
62	thermal energy produced from a method that uses one or more of
63	the following fuels or energy sources: hydrogen, biomass, solar
64	energy, geothermal energy, wind energy, ocean energy, waste
65	heat, or hydroelectric power.
66	(7)  "Renewable energy technology" means any technology
67	that generates or utilizes a renewable energy resource.
68	(8)  "Solar energy system" means equipment that provides
69	for the collection and use of incident solar energy for water
70	heating, space heating or cooling, or other applications that
71	would normally require a conventional source of energy such as
72	petroleum products, natural gas, or electricity that performs
73	primarily with solar energy. In other systems in which solar
74	energy is used in a supplemental way, only those components that
75	collect and transfer solar energy shall be included in this
76	definition.
77	(9)  "Solar photovoltaic system" means a device that
78	converts incident sunlight into electrical current.
79	(10)  "Solar thermal system" means a device that traps heat
80	from incident sunlight in order to heat water.
81	Section 5.  Section 377.804, Florida Statutes, is created
82	to read:
83	377.804  Renewable Energy Technologies Grants Program.--
84	(1)  The Renewable Energy Technologies Grants Program is
85	established within the department to provide renewable energy
86	matching grants for demonstration, commercialization, research,
87	and development projects relating to renewable energy
88	technologies.
89	(2)  Matching grants for renewable energy technology
90	demonstration, commercialization, research, and development
91	projects may be made to any of the following:
92	(a)  Municipalities and county governments.
93	(b)  Established for-profit companies licensed to do
94	business in the state.
95	(c)  Universities and colleges in the state.
96	(d)  Utilities located and operating within the state.
97	(e)  Not-for-profit organizations.
98	(f)  Other qualified persons, as determined by the
99	department.
100	(3)  The department may adopt rules pursuant to ss.
101	120.536(1) and 120.54 to provide for application requirements,
102	provide for ranking of applications, and administer the awarding
103	of grants under this program.
104	(4)  Factors the department shall consider in awarding
105	grants include, but are not limited to:
106	(a)  The availability of matching funds or other in-kind
107	contributions applied to the total project from an applicant.
108	The department shall give greater preference to projects that
109	provide such matching funds or other in-kind contributions.
110	(b)  The degree to which the project stimulates in-state
111	capital investment and economic development in metropolitan and
112	rural areas, including the creation of jobs and the future
113	development of a commercial market for renewable energy
114	technologies.
115	(c)  The extent to which the proposed project has been
116	demonstrated to be technically feasible based on pilot project
117	demonstrations, laboratory testing, scientific modeling, or
118	engineering or chemical theory that supports the proposal.
119	(d)  The degree to which the project incorporates an
120	innovative new technology or an innovative application of an
121	existing technology.
122	(e)  The degree to which a project generates thermal,
123	mechanical, or electrical energy by means of a renewable energy
124	resource that has substantial long-term production potential.
125	(f)  The degree to which a project demonstrates efficient
126	use of energy and material resources.
127	(g)  The degree to which the project fosters overall
128	understanding and appreciation of renewable energy technologies.
129	(h)  The ability to administer a complete project.
130	(i)  Project duration and timeline for expenditures.
131	(j)  The geographic area in which the project is to be
132	conducted in relation to other projects.
133	(k)  The degree of public visibility and interaction.
134	(5)  The department shall solicit the expertise of other
135	state agencies in evaluating project proposals. State agencies
136	shall cooperate with the Department of Environmental Protection
137	and provide such assistance as requested.
138	(6)  The department shall coordinate and actively consult
139	with the Department of Agriculture and Consumer Services during
140	the review and approval process of grants relating to bioenergy
141	projects for renewable energy technology, and the departments
142	shall jointly determine the grant awards to these bioenergy
143	projects. No grant funding shall be awarded to any bioenergy
144	project without such joint approval. Factors for consideration
145	in awarding grants may include, but are not limited to, the
146	degree to which:
147	(a)  The project stimulates in-state capital investment and
148	economic development in metropolitan and rural areas, including
149	the creation of jobs and the future development of a commercial
150	market for bioenergy.
151	(b)  The project produces bioenergy from Florida-grown
152	crops or biomass.
153	(c)  The project demonstrates efficient use of energy and
154	material resources.
155	(d)  The project fosters overall understanding and
156	appreciation of bioenergy technologies.
157	(e)  Matching funds and in-kind contributions from an
158	applicant are available.
159	(f)  The project duration and the timeline for expenditures
160	are acceptable.
161	(g)  The project has a reasonable assurance of enhancing
162	the value of agricultural products or will expand agribusiness
163	in the state.
164	(h)  Preliminary market and feasibility research has been
165	conducted by the applicant or others and shows there is a
166	reasonable assurance of a potential market.
167	Section 6.  The period from 12:01 a.m., October 5, through
168	midnight, October 11, 2006, shall be designated "Energy
169	Efficient Week," and the tax levied under chapter 212 may not be
170	collected on the sale of a new energy-efficient product having a
171	selling price of $1,500 or less per product during that period.
172	This exemption applies only when the energy-efficient product is
173	purchased for noncommercial home or personal use and does not
174	apply when the product is purchased for trade, business, or
175	resale. As used in this section, the term "energy-efficient
176	product" means a dishwasher, clothes washer, air conditioner,
177	ceiling fan, incandescent or florescent light bulb,
178	dehumidifier, programmable thermostat, or refrigerator that has
179	been designated by the United States Environmental Protection
180	Agency or by the United States Department of Energy as meeting
181	or exceeding the requirements under the Energy Star Program of
182	either agency. Purchases made under this section may not be made
183	using a business or company credit or debit card or check. Any
184	construction company, building contractor, or commercial
185	business or entity that purchases or attempts to purchase the
186	energy-efficient products as exempt under this section commits
187	an unfair method of competition in violation of s. 501.204,
188	punishable as provided in s. 501.2075. The Department of Revenue
189	may adopt rules under ss. 120.536(1) and 120.54 to administer
190	this section.
191	Section 7.  Section 377.806, Florida Statutes, is created
192	to read:
193	377.806  Solar Energy System Incentives Program.--
194	(1)  PURPOSE.--The Solar Energy System Incentives Program
195	is established within the department to provide financial
196	incentives for the purchase and installation of solar energy
197	systems. Any resident of the state who purchases and installs a
198	new solar energy system of 2 kilowatts or larger for a solar
199	photovoltaic system, a solar energy system that provides at
200	least 50 percent of a building's hot water consumption for a
201	solar thermal system, or a solar thermal pool heater, from July
202	1, 2006, through June 30, 2010, is eligible for a rebate on a
203	portion of the purchase price of that solar energy system.
204	(2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
205	(a)  Eligibility requirements.--A solar photovoltaic system
206	qualifies for a rebate if:
207	1.  The system is installed by a state-licensed master
208	electrician, electrical contractor, or solar contractor.
209	2.  The system complies with state interconnection
210	standards as provided by the commission.
211	3.  The system complies with all applicable building codes
212	as defined by the local jurisdictional authority.
213	(b)  Rebate amounts.--The rebate amount shall be set at $4
214	per watt based on the total wattage rating of the system. The
215	maximum allowable rebate per solar photovoltaic system
216	installation shall be as follows:
217	1.  Twenty thousand dollars for a residence.
218	2.  One hundred thousand dollars for a place of business, a
219	publicly owned or operated facility, or a facility owned or
220	operated by a private, not-for-profit organization, including
221	condominiums or apartment buildings.
222	(3)  SOLAR THERMAL SYSTEM INCENTIVE.--
223	(a)  Eligibility requirements.--A solar thermal system
224	qualifies for a rebate if:
225	1.  The system is installed by a state-licensed solar or
226	plumbing contractor.
227	2.  The system complies with all applicable building codes
228	as defined by the local jurisdictional authority.
229	(b)  Rebate amounts.--Authorized rebates for installation
230	of solar thermal systems shall be as follows:
231	1.  Five hundred dollars for a residence.
232	2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000
233	for a place of business, a publicly owned or operated facility,
234	or a facility owned or operated by a private, not-for-profit
235	organization, including condominiums or apartment buildings. Btu
236	must be verified by approved metering equipment.
237	(4)  SOLAR THERMAL POOL HEATER INCENTIVE.--
238	(a)  Eligibility requirements.--A solar thermal pool heater
239	qualifies for a rebate if the system is installed by a
240	state-licensed solar or plumbing contractor and the system
241	complies with all applicable building codes as defined by the
242	local jurisdictional authority.
243	(b)  Rebate amount.--Authorized rebates for installation of
244	solar thermal pool heaters shall be $100 per installation.
245	(5)  APPLICATION.--Application for a rebate must be made
246	within 90 days after the purchase of the solar energy equipment.
247	(6)  REBATE AVAILABILITY.--The department shall determine
248	and publish on a regular basis the amount of rebate funds
249	remaining in each fiscal year. The total dollar amount of all
250	rebates issued by the department is subject to the total amount
251	of appropriations in any fiscal year for this program. If funds
252	are insufficient during the current fiscal year, any requests
253	for rebates received during that fiscal year may be processed
254	during the following fiscal year. Requests for rebates received
255	in a fiscal year that are processed during the following fiscal
256	year shall be given priority over requests for rebates received
257	during the following fiscal year.
258	(7)  RULES.--The department shall adopt rules pursuant to
259	ss. 120.536(1) and 120.54 to develop rebate applications and
260	administer the issuance of rebates.
261	Section 8.  Section 377.901, Florida Statutes, is created
262	to read:
263	377.901  Florida Energy Council.--
264	(1)  The Florida Energy Council is created within the
265	Department of Environmental Protection to provide advice and
266	counsel to the Governor, the President of the Senate, and the
267	Speaker of the House of Representatives on the energy policy of
268	the state. The council shall advise the state on current and
269	projected energy issues, including, but not limited to,
270	transportation, generation, transmission, distributed
271	generation, fuel supply issues, emerging technologies,
272	efficiency, and conservation. In developing its recommendations,
273	the council shall be guided by the principles of reliability,
274	efficiency, affordability, and diversity.
275	(2)(a)  The council shall be comprised of a diversity of
276	stakeholders and may include utility providers, alternative
277	energy providers, researchers, environmental scientists, fuel
278	suppliers, technology manufacturers, persons representing
279	environmental, consumer, and public health interests, and
280	others.
281	(b)  The council shall consist of nine voting members as
282	follows:
283	1.  The Secretary of Environmental Protection, or his or
284	her designee, who shall serve as chair of the council.
285	2.  The chair of the Public Service Commission, or his or
286	her designee, who shall serve as vice chair of the council.
287	3.  One member shall be the Commissioner of Agriculture, or
288	his or her designee.
289	4.  Two members who shall be appointed by the Governor.
290	5.  Two members who shall be appointed by the President of
291	the Senate.
292	6.  Two members who shall be appointed by the Speaker of
293	the House of Representatives.
294	(c)  All initial members shall be appointed prior to
295	September 1, 2006. Appointments made by the Governor, the
296	President of the Senate, and the Speaker of the House of
297	Representatives shall be for terms of 2 years each. Members
298	shall serve until their successors are appointed. Vacancies
299	shall be filled in the manner of the original appointment for
300	the remainder of the term that is vacated.
301	(d)  Members shall serve without compensation but are
302	entitled to reimbursement for travel expenses and per diem
303	related to council duties and responsibilities pursuant to s.
304	112.061.
305	(3)  The Department of Environmental Protection shall
306	provide primary staff support to the council and shall ensure
307	that council meetings are electronically recorded. Such
308	recording shall be preserved pursuant to chapters 119 and 257.
309	(4)  The Department of Environmental Protection may adopt
310	rules pursuant to ss. 120.536(1) and 120.54 to implement the
311	provisions of this section.
312	Section 9.  Paragraph (ccc) is added to subsection (7) of
313	section 212.08, Florida Statutes, to read:
314	212.08  Sales, rental, use, consumption, distribution, and
315	storage tax; specified exemptions.--The sale at retail, the
316	rental, the use, the consumption, the distribution, and the
317	storage to be used or consumed in this state of the following
318	are hereby specifically exempt from the tax imposed by this
319	chapter.
320	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
321	entity by this chapter do not inure to any transaction that is
322	otherwise taxable under this chapter when payment is made by a
323	representative or employee of the entity by any means,
324	including, but not limited to, cash, check, or credit card, even
325	when that representative or employee is subsequently reimbursed
326	by the entity. In addition, exemptions provided to any entity by
327	this subsection do not inure to any transaction that is
328	otherwise taxable under this chapter unless the entity has
329	obtained a sales tax exemption certificate from the department
330	or the entity obtains or provides other documentation as
331	required by the department. Eligible purchases or leases made
332	with such a certificate must be in strict compliance with this
333	subsection and departmental rules, and any person who makes an
334	exempt purchase with a certificate that is not in strict
335	compliance with this subsection and the rules is liable for and
336	shall pay the tax. The department may adopt rules to administer
337	this subsection.
338	(ccc)  Equipment, machinery, and other materials for
339	renewable energy technologies.--
340	1.  As used in this paragraph, the term:
341	a.  "Biodiesel" means the mono-alkyl esters of long-chain
342	fatty acids derived from plant or animal matter for use as a
343	source of energy and meeting the specifications for biodiesel
344	and biodiesel blends with petroleum products as adopted by the
345	Department of Agriculture and Consumer Services. Biodiesel may
346	refer to biodiesel blends designated BXX, where XX represents
347	the volume percentage of biodiesel fuel in the blend.
348	b.  "Ethanol" means nominally anhydrous denatured alcohol
349	produced by the fermentation of plant sugars meeting the
350	specifications for fuel ethanol and fuel ethanol blends with
351	petroleum products as adopted by the Department of Agriculture
352	and Consumer Services. Ethanol may refer to fuel ethanol blends
353	designated EXX, where XX represents the volume percentage of
354	fuel ethanol in the blend.
355	c.  "Hydrogen fuel cells" means equipment using hydrogen or
356	a hydrogen-rich fuel in an electrochemical process to generate
357	energy, electricity, or the transfer of heat.
358	2.  The sale or use of the following in the state is exempt
359	from the tax imposed by this chapter:
360	a.  Hydrogen-powered vehicles, materials incorporated into
361	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
362	a limit of $2 million in tax each state fiscal year for all
363	taxpayers.
364	b.  Commercial stationary hydrogen fuel cells, up to a
365	limit of $1 million in tax each state fiscal year for all
366	taxpayers.
367	c.  Materials used in the distribution of biodiesel (B10-
368	B100) and ethanol (E10-100), including fueling infrastructure,
369	transportation, and storage, up to a limit of $1 million in tax
370	each state fiscal year for all taxpayers. Gasoline fueling
371	station pump retrofits for ethanol (E10-E100) distribution
372	qualify for the exemption provided in this sub-subparagraph.
373	3.  The Department of Environmental Protection shall
374	provide to the department a list of items eligible for the
375	exemption provided in this paragraph.
376	4.a.  The exemption provided in this paragraph shall be
377	available to a purchaser only through a refund of previously
378	paid taxes.
379	b.  To be eligible to receive the exemption provided in
380	this paragraph, a purchaser shall file an application with the
381	Department of Environmental Protection. The application shall be
382	developed by the Department of Environmental Protection, in
383	consultation with the department, and shall require:
384	(I)  The name and address of the person claiming the
385	refund.
386	(II)  A specific description of the purchase for which a
387	refund is sought, including, when applicable, a serial number or
388	other permanent identification number.
389	(III)  The sales invoice or other proof of purchase showing
390	the amount of sales tax paid, the date of purchase, and the name
391	and address of the sales tax dealer from whom the property was
392	purchased.
393	(IV)  A sworn statement that the information provided is
394	accurate and that the requirements of this paragraph have been
395	met.
396	c.  Within 30 days after receipt of an application, the
397	Department of Environmental Protection shall review the
398	application and shall notify the applicant of any deficiencies.
399	Upon receipt of a completed application, the Department of
400	Environmental Protection shall evaluate the application for
401	exemption and issue a written certification that the applicant
402	is eligible for a refund or issue a written denial of such
403	certification within 60 days after receipt of the application.
404	The Department of Environmental Protection shall provide the
405	department with a copy of each certification issued upon
406	approval of an application.
407	d.  Each certified applicant shall be responsible for
408	forwarding a certified copy of the application and copies of all
409	required documentation to the department within 6 months after
410	certification by the Department of Environmental Protection.
411	e.  The provisions of s. 212.095 do not apply to any refund
412	application made pursuant to this paragraph. A refund approved
413	pursuant to this paragraph shall be made within 30 days after
414	formal approval by the department.
415	f.  The department may adopt all rules pursuant to ss.
416	120.536(1) and 120.54 to administer this paragraph, including
417	rules establishing forms and procedures for claiming this
418	exemption.
419	g.  The Department of Environmental Protection shall be
420	responsible for ensuring that the total amounts of the
421	exemptions authorized do not exceed the limits as specified in
422	subparagraph 2.
423	5.  The Department of Environmental Protection shall
424	determine and publish on a regular basis the amount of sales tax
425	funds remaining in each fiscal year.
426	6.  This paragraph expires July 1, 2010.
427	Section 10.  Paragraph (y) is added to subsection (7) of
428	section 213.053, Florida Statutes, to read:
429	213.053  Confidentiality and information sharing.--
430	(7)  Notwithstanding any other provision of this section,
431	the department may provide:
432	(y)  Information relative to ss. 212.08(7)(ccc) and 220.192
433	to the Department of Environmental Protection for use in the
434	conduct of its official business.
435
436	Disclosure of information under this subsection shall be
437	pursuant to a written agreement between the executive director
438	and the agency. Such agencies, governmental or nongovernmental,
439	shall be bound by the same requirements of confidentiality as
440	the Department of Revenue. Breach of confidentiality is a
441	misdemeanor of the first degree, punishable as provided by s.
442	775.082 or s. 775.083.
443	Section 11.  Subsection (8) of section 220.02, Florida
444	Statutes, is amended to read:
445	220.02  Legislative intent.--
446	(8)  It is the intent of the Legislature that credits
447	against either the corporate income tax or the franchise tax be
448	applied in the following order: those enumerated in s. 631.828,
449	those enumerated in s. 220.191, those enumerated in s. 220.181,
450	those enumerated in s. 220.183, those enumerated in s. 220.182,
451	those enumerated in s. 220.1895, those enumerated in s. 221.02,
452	those enumerated in s. 220.184, those enumerated in s. 220.186,
453	those enumerated in s. 220.1845, those enumerated in s. 220.19,
454	those enumerated in s. 220.185, and those enumerated in s.
455	220.187, and those enumerated in ss. 220.192.
456	Section 12.  Section 220.192, Florida Statutes, is created
457	to read:
458	220.192  Renewable energy technologies investment tax
459	credit.--
460	(1)  DEFINITIONS.--For purposes of this section, the term:
461	(a)  "Biodiesel" means biodiesel as defined in s.
462	212.08(7)(ccc).
463	(b)  "Eligible costs" means:
464	1.  Seventy-five percent of all capital costs, operation
465	and maintenance costs, and research and development costs
466	incurred between July 1, 2006, and June 30, 2010, up to a limit
467	of $3 million per state fiscal year for all taxpayers, in
468	connection with an investment in hydrogen-powered vehicles and
469	hydrogen vehicle fueling stations in the state, including, but
470	not limited to, the costs of constructing, installing, and
471	equipping such technologies in the state.
472	2.  Seventy-five percent of all capital costs, operation
473	and maintenance costs, and research and development costs
474	incurred between July 1, 2006, and June 30, 2010, up to a limit
475	of $1.5 million per state fiscal year for all taxpayers, and
476	limited to a maximum of $12,000 per fuel cell, in connection
477	with an investment in commercial stationary hydrogen fuel cells
478	in the state, including, but not limited to, the costs of
479	constructing, installing, and equipping such technologies in the
480	state.
481	3.  Seventy-five percent of all capital costs, operation
482	and maintenance costs, and research and development costs
483	incurred between July 1, 2006, and June 30, 2010, up to a limit
484	of $6.5 million per state fiscal year for all taxpayers, in
485	connection with an investment in the production, storage, and
486	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
487	the state, including the costs of constructing, installing, and
488	equipping such technologies in the state. Gasoline fueling
489	station pump retrofits for ethanol (E10-E100) distribution
490	qualify as an eligible cost under this subparagraph.
491	(c)  "Ethanol" means ethanol as defined in s.
492	212.08(7)(ccc).
493	(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
494	defined in s. 212.08(7)(ccc).
495	(2)  TAX CREDIT.--For tax years beginning on or after
496	January 1, 2007, a credit against the tax imposed by this
497	chapter shall be granted in an amount equal to the eligible
498	costs. Credits may be used in tax years beginning January 1,
499	2007, and ending December 31, 2010, after which the credit shall
500	expire. If the credit is not fully used in any one tax year
501	because of insufficient tax liability on the part of the
502	corporation, the unused amount may be carried forward and used
503	in tax years beginning January 1, 2007, and ending December 31,
504	2012, after which the credit carryover expires and may not be
505	used. A taxpayer that files a consolidated return in this state
506	as a member of an affiliated group under s. 220.131(1) may be
507	allowed the credit on a consolidated return basis up to the
508	amount of tax imposed upon the consolidated group. Any eligible
509	cost for which a credit is claimed and which is deducted or
510	otherwise reduces federal taxable income shall be added back in
511	computing adjusted federal income under s. 220.13.
512	(3)  CORPORATE APPLICATION PROCESS.--Any corporation
513	wishing to obtain tax credits available under this section must
514	submit to the Department of Environmental Protection an
515	application for tax credit that includes a complete description
516	of all eligible costs for which the corporation is seeking a
517	credit and a description of the total amount of credits sought.
518	The Department of Environmental Protection shall make a
519	determination on the eligibility of the applicant for the
520	credits sought and certify the determination to the applicant
521	and the Department of Revenue. The corporation must attach the
522	Department of Environmental Protection's certification to the
523	tax return on which the credit is claimed. The Department of
524	Environmental Protection shall be responsible for ensuring that
525	the corporate income tax credits granted in each fiscal year do
526	not exceed the limits provided for in this section. The
527	Department of Environmental Protection is authorized to adopt
528	the necessary rules, guidelines, and application materials for
529	the application process.
530	(4)  TAXPAYER APPLICATION PROCESS.--To claim a credit under
531	this section, each taxpayer must apply to the Department of
532	Environmental Protection for an allocation of each type of
533	annual credit by the date established by the Department of
534	Environmental Protection. The application form may be
535	established by the Department of Environmental Protection and
536	shall include an affidavit from each taxpayer certifying that
537	all information contained in the application, including all
538	records of eligible costs claimed as the basis for the tax
539	credit, are true and correct. Approval of the credits under this
540	section shall be accomplished on a first-come, first-served
541	basis, based upon the date complete applications are received by
542	the Department of Environmental Protection. A taxpayer shall
543	submit only one complete application based upon eligible costs
544	incurred within a particular state fiscal year. Incomplete
545	placeholder applications will not be accepted and will not
546	secure a place in the first-come, first-served application line.
547	If a taxpayer does not receive a tax credit allocation due to
548	the exhaustion of the annual tax credit authorizations, then
549	such taxpayer may reapply in the following year for those
550	eligible costs and will have priority over other applicants for
551	the allocation of credits.
552	(5)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF
553	CREDITS.--
554	(a)  In addition to its existing audit and investigation
555	authority, the Department of Revenue may perform any additional
556	financial and technical audits and investigations, including
557	examining the accounts, books, and records of the tax credit
558	applicant, that are necessary to verify the eligible costs
559	included in the tax credit return and to ensure compliance with
560	this section. The Department of Environmental Protection shall
561	provide technical assistance when requested by the Department of
562	Revenue on any technical audits or examinations performed
563	pursuant to this section.
564	(b)  It is grounds for forfeiture of previously claimed and
565	received tax credits if the Department of Revenue determines, as
566	a result of either an audit or examination or from information
567	received from the Department of Environmental Protection, that a
568	taxpayer received tax credits pursuant to this section to which
569	the taxpayer was not entitled. The taxpayer is responsible for
570	returning forfeited tax credits to the Department of Revenue,
571	and such funds shall be paid into the General Revenue Fund of
572	the state.
573	(c)  The Department of Environmental Protection may revoke
574	or modify any written decision granting eligibility for tax
575	credits under this section if it is discovered that the tax
576	credit applicant submitted any false statement, representation,
577	or certification in any application, record, report, plan, or
578	other document filed in an attempt to receive tax credits under
579	this section. The Department of Environmental Protection shall
580	immediately notify the Department of Revenue of any revoked or
581	modified orders affecting previously granted tax credits.
582	Additionally, the taxpayer must notify the Department of Revenue
583	of any change in its tax credit claimed.
584	(d)  The taxpayer shall file with the Department of Revenue
585	an amended return or such other report as the Department of
586	Revenue prescribes by rule and shall pay any required tax and
587	interest within 60 days after the taxpayer receives notification
588	from the Department of Environmental Protection that previously
589	approved tax credits have been revoked or modified. If the
590	revocation or modification order is contested, the taxpayer
591	shall file an amended return or other report as provided in this
592	paragraph within 60 days after a final order is issued following
593	proceedings.
594	(e)  A notice of deficiency may be issued by the Department
595	of Revenue at any time within 3 years after the taxpayer
596	receives formal notification from the Department of
597	Environmental Protection that previously approved tax credits
598	have been revoked or modified. If a taxpayer fails to notify the
599	Department of Revenue of any changes to its tax credit claimed,
600	a notice of deficiency may be issued at any time.
601	(6)  RULES.--The Department of Revenue shall have the
602	authority to adopt rules relating to the forms required to claim
603	a tax credit under this section, the requirements and basis for
604	establishing an entitlement to a credit, and the examination and
605	audit procedures required to administer this section.
606	(7)  PUBLICATION.--The Department of Environmental
607	Protection shall determine and publish on a regular basis the
608	amount of available tax credits remaining in each fiscal year.
609	Section 13.  Section 220.193, Florida Statutes, is created
610	to read:
611	220.193  Florida renewable energy production credit.--
612	(1)  The purpose of this section is to encourage the
613	development and expansion of facilities that produce renewable
614	energy in Florida.
615	(2)  As used in this section, the term:
616	(a)  "Commission" shall mean the Public Service Commission.
617	(b)  "Department" shall mean the Department of Revenue.
618	(c)  "Expanded facility" shall mean a Florida renewable
619	energy facility that increases its electrical production and
620	sale by more than 5 percent above the facility's electrical
621	production and sale during the 2005 calendar year.
622	(d)  "Florida renewable energy facility" shall mean a
623	facility in the state that produces electricity for sale from
624	renewable energy, as defined in s. 377.803.
625	(e)  "New facility" shall mean a Florida renewable energy
626	facility that is operationally placed in service after May 1,
627	2006.
628	(3)  An annual credit against the tax imposed by this
629	section shall be allowed to a taxpayer, based on the taxpayer's
630	production and sale of electricity from a new or expanded
631	Florida renewable energy facility. For a new facility, the
632	credit shall be based on the taxpayer's sale of the facility's
633	entire electrical production. For an expanded facility, the
634	credit shall be based on the increases in the facility's
635	electrical production that are achieved after May 1, 2006.
636	(a)  The credit shall be $0.01 for each kilowatt-hour of
637	electricity produced and sold by the taxpayer to an unrelated
638	party during a given tax year.
639	(b)  The credit may be claimed for electricity produced and
640	sold on or after January 1, 2007. Beginning in 2008 and
641	continuing until 2011, each taxpayer claiming a credit under
642	this section must first apply to the department by February 1 of
643	each year for an allocation of available credit. The department,
644	in consultation with the Department of Environmental Protection
645	and the Commission, shall develop an application form. The
646	application form shall, at a minimum, require a sworn affidavit
647	from each taxpayer certifying the increase in production and
648	sales that form the basis of the application and certifying that
649	all information contained in the application is true and
650	correct.
651	(c)  If the amount of credits applied for each year exceeds
652	$5 million, the department shall award to each applicant a
653	prorated amount based on each applicant's increased production
654	and sales and the increased production and sales of all
655	applicants.
656	(d)  If the credit granted pursuant to this section is not
657	fully used in one year because of insufficient tax liability on
658	the part of the taxpayer, the unused amount may be carried
659	forward for a period not to exceed 5 years. The carryover credit
660	may be used in a subsequent year when the tax imposed by this
661	chapter for such year exceeds the credit for such year, after
662	applying the other credits and unused credit carryovers in the
663	order provided in s. 220.02(8).
664	(e)  A taxpayer that files a consolidated return in this
665	state as a member of an affiliated group under s. 220.131(1) may
666	be allowed the credit on a consolidated return basis up to the
667	amount of tax imposed upon the consolidated group.
668	(f)1.  Tax credits that may be available under this section
669	to an entity eligible under this section may be transferred
670	after a merger or acquisition to the surviving or acquiring
671	entity and used in the same manner with the same limitations.
672	2.  The entity or its surviving or acquiring entity as
673	described in subparagraph 1. may transfer any unused credit in
674	whole or in units of no less than 25 percent of the remaining
675	credit. The entity acquiring such credit may use it in the same
676	manner and with the same limitations under this section. Such
677	transferred credits may not be transferred again although they
678	may succeed to a surviving or acquiring entity subject to the
679	same conditions and limitations as described in this section.
680	3.  In the event the credit provided for under this section
681	is reduced as a result of an examination or audit by the
682	department, such tax deficiency shall be recovered from the
683	first entity or the surviving or acquiring entity to have
684	claimed such credit up to the amount of credit taken. Any
685	subsequent deficiencies shall be assessed against any entity
686	acquiring and claiming such credit, or in the case of multiple
687	succeeding entities in the order of credit succession.
688	(g)  Notwithstanding any other provision of this section,
689	credits for the production and sale of electricity from a new or
690	expanded Florida renewable energy facility may be earned between
691	January 1, 2007 and June 30, 2010. The combined total amount of
692	tax credits which may be granted for all taxpayers under this
693	section is limited to $5 million per state fiscal year.
694	(h)  A taxpayer claiming a credit under this section shall
695	be required to add back to net income that portion of its
696	business deductions claimed on its federal return paid or
697	incurred for the taxable year which is equal to the amount of
698	the credit allowable for the taxable year under this section.
699	(i)  A taxpayer claiming credit under this section may not
700	claim a credit under s. 220.192. A taxpayer claiming credit
701	under s. 220.192 may not claim a credit under this section.
702	(4)  The department may adopt rules to implement and
703	administer this section, including rules prescribing forms, the
704	documentation needed to substantiate a claim for the tax credit,
705	and the specific procedures and guidelines for claiming the
706	credit.
707	(5)  This section shall take effect upon becoming law and
708	shall apply to tax years beginning on and after January 1, 2007.
709	Section 14.  Paragraph (a) of subsection (1) of section
710	220.13, Florida Statutes, is amended to read:
711	220.13  "Adjusted federal income" defined.--
712	(1)  The term "adjusted federal income" means an amount
713	equal to the taxpayer's taxable income as defined in subsection
714	(2), or such taxable income of more than one taxpayer as
715	provided in s. 220.131, for the taxable year, adjusted as
716	follows:
717	(a)  Additions.--There shall be added to such taxable
718	income:
719	1.  The amount of any tax upon or measured by income,
720	excluding taxes based on gross receipts or revenues, paid or
721	accrued as a liability to the District of Columbia or any state
722	of the United States which is deductible from gross income in
723	the computation of taxable income for the taxable year.
724	2.  The amount of interest which is excluded from taxable
725	income under s. 103(a) of the Internal Revenue Code or any other
726	federal law, less the associated expenses disallowed in the
727	computation of taxable income under s. 265 of the Internal
728	Revenue Code or any other law, excluding 60 percent of any
729	amounts included in alternative minimum taxable income, as
730	defined in s. 55(b)(2) of the Internal Revenue Code, if the
731	taxpayer pays tax under s. 220.11(3).
732	3.  In the case of a regulated investment company or real
733	estate investment trust, an amount equal to the excess of the
734	net long-term capital gain for the taxable year over the amount
735	of the capital gain dividends attributable to the taxable year.
736	4.  That portion of the wages or salaries paid or incurred
737	for the taxable year which is equal to the amount of the credit
738	allowable for the taxable year under s. 220.181. The provisions
739	of this subparagraph shall expire and be void on June 30, 2005.
740	5.  That portion of the ad valorem school taxes paid or
741	incurred for the taxable year which is equal to the amount of
742	the credit allowable for the taxable year under s. 220.182. The
743	provisions of this subparagraph shall expire and be void on June
744	30, 2005.
745	6.  The amount of emergency excise tax paid or accrued as a
746	liability to this state under chapter 221 which tax is
747	deductible from gross income in the computation of taxable
748	income for the taxable year.
749	7.  That portion of assessments to fund a guaranty
750	association incurred for the taxable year which is equal to the
751	amount of the credit allowable for the taxable year.
752	8.  In the case of a nonprofit corporation which holds a
753	pari-mutuel permit and which is exempt from federal income tax
754	as a farmers' cooperative, an amount equal to the excess of the
755	gross income attributable to the pari-mutuel operations over the
756	attributable expenses for the taxable year.
757	9.  The amount taken as a credit for the taxable year under
758	s. 220.1895.
759	10.  Up to nine percent of the eligible basis of any
760	designated project which is equal to the credit allowable for
761	the taxable year under s. 220.185.
762	11.  The amount taken as a credit for the taxable year
763	under s. 220.187.
764	12.  The amount taken as a credit for the taxable year
765	under ss. 220.192.
766	Section 15.  Subsection (2) of section 186.801, Florida
767	Statutes, is amended to read:
768	186.801  Ten-year site plans.--
769	(2)  Within 9 months after the receipt of the proposed
770	plan, the commission shall make a preliminary study of such plan
771	and classify it as "suitable" or "unsuitable." The commission
772	may suggest alternatives to the plan. All findings of the
773	commission shall be made available to the Department of
774	Environmental Protection for its consideration at any subsequent
775	electrical power plant site certification proceedings. It is
776	recognized that 10-year site plans submitted by an electric
777	utility are tentative information for planning purposes only and
778	may be amended at any time at the discretion of the utility upon
779	written notification to the commission. A complete application
780	for certification of an electrical power plant site under
781	chapter 403, when such site is not designated in the current 10-
782	year site plan of the applicant, shall constitute an amendment
783	to the 10-year site plan. In its preliminary study of each 10-
784	year site plan, the commission shall consider such plan as a
785	planning document and shall review:
786	(a)  The need, including the need as determined by the
787	commission, for electrical power in the area to be served.
788	(b)  The effect on fuel diversity within the state.
789	(c)(b)  The anticipated environmental impact of each
790	proposed electrical power plant site.
791	(d)(c)  Possible alternatives to the proposed plan.
792	(e)(d)  The views of appropriate local, state, and federal
793	agencies, including the views of the appropriate water
794	management district as to the availability of water and its
795	recommendation as to the use by the proposed plant of salt water
796	or fresh water for cooling purposes.
797	(f)(e)  The extent to which the plan is consistent with the
798	state comprehensive plan.
799	(g)(f)  The plan with respect to the information of the
800	state on energy availability and consumption.
801	Section 16.  Subsection (6) of section 366.04, Florida
802	Statutes, is amended to read:
803	366.04  Jurisdiction of commission.--
804	(6)  The commission shall further have exclusive
805	jurisdiction to prescribe and enforce safety standards for
806	transmission and distribution facilities of all public electric
807	utilities, cooperatives organized under the Rural Electric
808	Cooperative Law, and electric utilities owned and operated by
809	municipalities. In adopting safety standards, the commission
810	shall, at a minimum:
811	(a)  Adopt the 1984 edition of the National Electrical
812	Safety Code (ANSI C2) as initial standards; and
813	(b)  Adopt, after review, any new edition of the National
814	Electrical Safety Code (ANSI C2).
815
816	The standards prescribed by the current 1984 edition of the
817	National Electrical Safety Code (ANSI C2) shall constitute
818	acceptable and adequate requirements for the protection of the
819	safety of the public, and compliance with the minimum
820	requirements of that code shall constitute good engineering
821	practice by the utilities. The administrative authority referred
822	to in the 1984 edition of the National Electrical Safety Code is
823	the commission. However, nothing herein shall be construed as
824	superseding, repealing, or amending the provisions of s.
825	403.523(1) and (10).
826	Section 17.  Subsections (1) and (8) of section 366.05,
827	Florida Statutes, are amended to read:
828	366.05  Powers.--
829	(1)  In the exercise of such jurisdiction, the commission
830	shall have power to prescribe fair and reasonable rates and
831	charges, classifications, standards of quality and measurements,
832	including the ability to adopt construction standards that
833	exceed the National Electrical Safety Code, for purposes of
834	ensuring the reliable provision of service, and service rules
835	and regulations to be observed by each public utility; to
836	require repairs, improvements, additions, replacements, and
837	extensions to the plant and equipment of any public utility when
838	reasonably necessary to promote the convenience and welfare of
839	the public and secure adequate service or facilities for those
840	reasonably entitled thereto; to employ and fix the compensation
841	for such examiners and technical, legal, and clerical employees
842	as it deems necessary to carry out the provisions of this
843	chapter; and to adopt rules pursuant to ss. 120.536(1) and
844	120.54 to implement and enforce the provisions of this chapter.
845	(8)  If the commission determines that there is probable
846	cause to believe that inadequacies exist with respect to the
847	energy grids developed by the electric utility industry,
848	including inadequacies in fuel diversity or fuel supply
849	reliability, it shall have the power, after proceedings as
850	provided by law, and after a finding that mutual benefits will
851	accrue to the electric utilities involved, to require
852	installation or repair of necessary facilities, including
853	generating plants and transmission facilities, with the costs to
854	be distributed in proportion to the benefits received, and to
855	take all necessary steps to ensure compliance. The electric
856	utilities involved in any action taken or orders issued pursuant
857	to this subsection shall have full power and authority,
858	notwithstanding any general or special laws to the contrary, to
859	jointly plan, finance, build, operate, or lease generating and
860	transmission facilities and shall be further authorized to
861	exercise the powers granted to corporations in chapter 361. This
862	subsection shall not supersede or control any provision of the
863	Florida Electrical Power Plant Siting Act, ss. 403.501-403.518.
864	Section 18.  Section 366.92, Florida Statutes, is created
865	to read:
866	366.92  Florida renewable energy policy.--
867	(1)  It is the intent of the Legislature to promote the
868	development of renewable energy; protect the economic viability
869	of Florida's existing renewable energy facilities; diversify the
870	types of fuel used to generate electricity in Florida; lessen
871	Florida's dependence on natural gas and fuel oil for the
872	production of electricity; minimize the volatility of fuel
873	costs; encourage investment within the state; improve
874	environmental conditions; and at the same time, minimize the
875	costs of power supply to electric utilities and their customers.
876	(2)  For the purposes of this section, "Florida renewable
877	energy resources" shall mean renewable energy, as defined in s.
878	377.803, that is produced in Florida.
879	(3)  The commission shall adopt appropriate goals for
880	increasing the use of existing, expanded, and new Florida
881	renewable energy resources. The commission may change the goals.
882	The commission shall review and reestablish the goals at least
883	once every five years.
884	(4)  The commission may adopt rules to administer and
885	implement the provisions of this section.
886	Section 19.  (1)  The Florida Public Service Commission
887	shall direct a study of the electric transmission grid in the
888	state. The study shall look at electric system reliability to
889	examine the efficiency and reliability of power transfer and
890	emergency contingency conditions. In addition, the study shall
891	examine the hardening of infrastructure to address issues
892	arising from the 2004 and 2005 hurricane seasons. A report of
893	the results of the study shall be provided to the Governor, the
894	President of the Senate, and the Speaker of the House of
895	Representatives by March 1, 2007.
896	(2)  The commission shall conduct a review to determine
897	what should be done to enhance the reliability of Florida's
898	transmission and distribution grids during extreme weather
899	events, including the strengthening of distribution and
900	transmission facilities. Considerations may include:
901	(a)  Recommendations for promoting and encouraging
902	underground electric distribution for new service or
903	construction provided by public utilities.
904	(b)  Recommendations for promoting and encouraging the
905	conversion of existing overhead distribution facilities to
906	underground facilities, including any recommended incentives to
907	local governments for local-government-sponsored conversions.
908	(c)  Recommendations as to whether incentives for local-
909	government-sponsored conversions should include participation by
910	a public utility in the conversion costs as an investment in the
911	reliability of the grid in total, with such investment
912	recognized as a new plant in service for regulatory purposes.
913	(d)  Recommendations for promoting and encouraging the use
914	of road rights-of-way for the location of underground facilities
915	in any local-government-sponsored conversion project, provided
916	the customers of the public utility do not incur increased
917	liability and future relocation costs.
918	(3)  The commission shall submit its review and
919	recommendations to the Governor, the President of the Senate,
920	and the Speaker of the House of Representatives by July 1, 2007.
921	(4)  This section does not limit the existing jurisdiction
922	or powers of the commission. It may not be construed to delay or
923	defer any activities that are currently docketed which relate to
924	matters to be addressed by the study required by this section,
925	nor may it be construed to delay or defer any case or proceeding
926	that may be initiated before the commission pursuant to current
927	statutory powers of the commission.
928	Section 20.  Subsections (5), (8), (9), (12), (18), (24),
929	and (27) of section 403.503, Florida Statutes, are amended,
930	subsections (6) through (28) are renumbered as (7) through (29),
931	respectively, and new subsections (6) and (16) are added to that
932	section, to read:
933	403.503  Definitions relating to Florida Electrical Power
934	Plant Siting Act.--As used in this act:
935	(5)  "Application" means the documents required by the
936	department to be filed to initiate a certification review and
937	evaluation, including the initial document filing, amendments,
938	and responses to requests from the department for additional
939	data and information proceeding and shall include the documents
940	necessary for the department to render a decision on any permit
941	required pursuant to any federally delegated or approved permit
942	program.
943	(6)  "Associated facilities" means, for the purpose of
944	certification, those facilities which directly support the
945	construction and operation of the electrical power plant such as
946	fuel unloading facilities; pipelines necessary for transporting
947	fuel for the operation of the facility or other fuel
948	transportation facilities; water or wastewater transport
949	pipelines; construction, maintenance, and access roads; and
950	railway lines necessary for transport of construction equipment
951	or fuel for the operation of the facility.
952	(8)  "Completeness" means that the application has
953	addressed all applicable sections of the prescribed application
954	format, and but does not mean that those sections are sufficient
955	in comprehensiveness of data or in quality of information
956	provided to allow the department to determine whether the
957	application provides the reviewing agencies adequate information
958	to prepare the reports required by s. 403.507.
959	(9)  "Corridor" means the proposed area within which an
960	associated linear facility right-of-way is to be located. The
961	width of the corridor proposed for certification as an
962	associated facility, at the option of the applicant, may be the
963	width of the right-of-way or a wider boundary, not to exceed a
964	width of 1 mile. The area within the corridor in which a right-
965	of-way may be located may be further restricted by a condition
966	of certification. After all property interests required for the
967	right-of-way have been acquired by the licensee applicant, the
968	boundaries of the area certified shall narrow to only that land
969	within the boundaries of the right-of-way.
970	(12)  "Electrical power plant" means, for the purpose of
971	certification, any steam or solar electrical generating facility
972	using any process or fuel, including nuclear materials, and
973	includes associated facilities which directly support the
974	construction and operation of the electrical power plant and
975	those associated transmission lines which connect the electrical
976	power plant to an existing transmission network or rights-of-way
977	to which the applicant intends to connect, except that this term
978	does not include any steam or solar electrical generating
979	facility of less than 75 megawatts in capacity unless the
980	applicant for such a facility elects to apply for certification
981	under this act. This term includes associated facilities to be
982	owned by the applicant which are physically connected to the
983	electrical power plant site or which are directly connected to
984	the electrical power plant site by other proposed associated
985	facilities to be owned by the applicant, and associated
986	transmission lines to be owned by the applicant which connect
987	the electrical power plant to an existing transmission network
988	or rights-of-way of which the applicant intends to connect. An
989	associated transmission line may include, At the applicant's
990	option, this term may include, any offsite associated facilities
991	which will not be owned by the applicant; offsite associated
992	facilities which are owned by the applicant but which are not
993	directly connected to the electrical power plant site; any
994	proposed terminal or intermediate substations or substation
995	expansions connected to the associated transmission line; or new
996	transmission lines, upgrades, or improvements of an existing
997	transmission line on any portion of the applicant's electrical
998	transmission system necessary to support the generation injected
999	into the system from the proposed electrical power plant.
1000	(16)  "Licensee" means an applicant that has obtained a
1001	certification order for the subject project.
1002	(19)(18)  "Nonprocedural requirements of agencies" means
1003	any agency's regulatory requirements established by statute,
1004	rule, ordinance, zoning ordinance, land development code, or
1005	comprehensive plan, excluding any provisions prescribing forms,
1006	fees, procedures, or time limits for the review or processing of
1007	information submitted to demonstrate compliance with such
1008	regulatory requirements.
1009	(25)(24)  "Right-of-way" means land necessary for the
1010	construction and maintenance of a connected associated linear
1011	facility, such as a railroad line, pipeline, or transmission
1012	line as owned by or proposed to be certified by the applicant.
1013	The typical width of the right-of-way shall be identified in the
1014	application. The right-of-way shall be located within the
1015	certified corridor and shall be identified by the applicant
1016	subsequent to certification in documents filed with the
1017	department prior to construction.
1018	(28)(27)  "Ultimate site capacity" means the maximum
1019	generating capacity for a site as certified by the board.
1020	"Sufficiency" means that the application is not only complete
1021	but that all sections are sufficient in the comprehensiveness of
1022	data or in the quality of information provided to allow the
1023	department to determine whether the application provides the
1024	reviewing agencies adequate information to prepare the reports
1025	required by s. 403.507.
1026	Section 21.  Subsections (1), (7), (9), and (10) of section
1027	403.504, Florida Statutes, are amended, and new subsections (9),
1028	(10), (11), and (12) are added to that section, to read:
1029	403.504  Department of Environmental Protection; powers and
1030	duties enumerated.--The department shall have the following
1031	powers and duties in relation to this act:
1032	(1)  To adopt rules pursuant to ss. 120.536(1) and 120.54
1033	to implement the provisions of this act, including rules setting
1034	forth environmental precautions to be followed in relation to
1035	the location, construction, and operation of electrical power
1036	plants.
1037	(7)  To conduct studies and prepare a project written
1038	analysis under s. 403.507.
1039	(9)  To issue final orders after receipt of the
1040	administrative law judge's order relinquishing jurisdiction
1041	pursuant to s. 403.508(6).
1042	(10)  To act as clerk for the siting board.
1043	(11)  To administer and manage the terms and conditions of
1044	the certification order and supporting documents and records for
1045	the life of the facility.
1046	(12)  To issue emergency orders on behalf of the board for
1047	facilities licensed under this act.
1048	(9)  To notify all affected agencies of the filing of a
1049	notice of intent within 15 days after receipt of the notice.
1050	(10)  To issue, with the electrical power plant
1051	certification, any license required pursuant to any federally
1052	delegated or approved permit program.
1053	Section 22.  Section 403.5055, Florida Statutes, is amended
1054	to read:
1055	403.5055  Application for permits pursuant to s.
1056	403.0885.--In processing applications for permits pursuant to s.
1057	403.0885 that are associated with applications for electrical
1058	power plant certification:
1059	(1)  The procedural requirements set forth in 40 C.F.R. s.
1060	123.25, including public notice, public comments, and public
1061	hearings, shall be closely coordinated with the certification
1062	process established under this part. In the event of a conflict
1063	between the certification process and federally required
1064	procedures for NPDES permit issuance, the applicable federal
1065	requirements shall control.
1066	(2)  The department's proposed action pursuant to 40 C.F.R.
1067	s. 124.6, including any draft NPDES permit (containing the
1068	information required under 40 C.F.R. s. 124.6(d)), shall within
1069	130 days after the submittal of a complete application be
1070	publicly noticed and transmitted to the United States
1071	Environmental Protection Agency for its review pursuant to 33
1072	U.S.C. s. 1342(d).
1073	(2)(3)  If available at the time the department issues its
1074	project analysis pursuant to s. 403.507(5), the department shall
1075	include in its project analysis written analysis pursuant to s.
1076	403.507(3) copies of the department's proposed action pursuant
1077	to 40 C.F.R. s. 124.6 on any application for a NPDES permit; any
1078	corresponding comments received from the United States
1079	Environmental Protection Agency, the applicant, or the general
1080	public; and the department's response to those comments.
1081	(3)(4)  The department shall not issue or deny the permit
1082	pursuant to s. 403.0885 in advance of the issuance of the
1083	electrical electric power plant certification under this part
1084	unless required to do so by the provisions of federal law. When
1085	possible, any hearing on a permit issued pursuant to s. 403.0885
1086	shall be conducted in conjunction with the certification hearing
1087	held pursuant to this act. The department's actions on an NPDES
1088	permit shall be based on the record and recommended order of the
1089	certification hearing, if the hearing on the NPDES was conducted
1090	in conjunction with the certification hearing, and of any other
1091	proceeding held in connection with the application for an NPDES
1092	permit, timely public comments received with respect to the
1093	application, and the provisions of federal law. The department's
1094	action on an NPDES permit, if issued, shall differ from the
1095	actions taken by the siting board regarding the certification
1096	order if federal laws and regulations require different action
1097	to be taken to ensure compliance with the Clean Water Act, as
1098	amended, and implementing regulations. Nothing in this part
1099	shall be construed to displace the department's authority as the
1100	final permitting entity under the federally approved state NPDES
1101	program. Nothing in this part shall be construed to authorize
1102	the issuance of a state NPDES permit which does not conform to
1103	the requirements of the federally approved state NPDES program.
1104	The permit, if issued, shall be valid for no more than 5 years.
1105	(5)  The department's action on an NPDES permit renewal, if
1106	issued, shall differ from the actions taken by the siting board
1107	regarding the certification order if federal laws and
1108	regulations require different action to be taken to ensure
1109	compliance with the Clean Water Act, as amended, and
1110	implementing regulations.
1111	Section 23.  Section 403.506, Florida Statutes, is amended
1112	to read:
1113	403.506  Applicability, thresholds, and certification.--
1114	(1)  The provisions of this act shall apply to any
1115	electrical power plant as defined herein, except that the
1116	provisions of this act shall not apply to any electrical power
1117	plant or steam generating plant of less than 75 megawatts in
1118	capacity or to any substation to be constructed as part of an
1119	associated transmission line unless the applicant has elected to
1120	apply for certification of such plant or substation under this
1121	act. The provisions of this act shall not apply to any unit
1122	capacity expansion of 35 megawatts or less of an existing
1123	exothermic reaction cogeneration unit that was exempt from this
1124	act when it was originally built; however, this exemption shall
1125	not apply if the unit uses oil or natural gas for purposes other
1126	than unit startup. No construction of any new electrical power
1127	plant or expansion in steam generating capacity as measured by
1128	an increase in the maximum electrical generator rating of any
1129	existing electrical power plant may be undertaken after October
1130	1, 1973, without first obtaining certification in the manner as
1131	herein provided, except that this act shall not apply to any
1132	such electrical power plant which is presently operating or
1133	under construction or which has, upon the effective date of
1134	chapter 73-33, Laws of Florida, applied for a permit or
1135	certification under requirements in force prior to the effective
1136	date of such act.
1137	(2)  Except as provided in the certification, modification
1138	of nonnuclear fuels, internal related hardware, including
1139	increases in steam turbine efficiency, or operating conditions
1140	not in conflict with certification which increase the electrical
1141	output of a unit to no greater capacity than the maximum
1142	electrical generator rating operating capacity of the existing
1143	generator shall not constitute an alteration or addition to
1144	generating capacity which requires certification pursuant to
1145	this act.
1146	(3)  The application for any related department license
1147	which is required pursuant to any federally delegated or
1148	approved permit program shall be processed within the time
1149	periods allowed by this act, in lieu of those specified in s.
1150	120.60. However, permits issued pursuant to s. 403.0885 shall be
1151	processed in accordance with 40 C.F.R. part 123.
1152	Section 24.  Section 403.5064, Florida Statutes, is amended
1153	to read:
1154	403.5064  Application Distribution of application;
1155	schedules.--
1156	(1)  The formal date of filing of a certification
1157	application and commencement of the certification review process
1158	shall be when the applicant submits:
1159	(a)  Copies of the certification application in a quantity
1160	and format as prescribed by rule to the department and other
1161	agencies identified in s. 403.507(2)(a).
1162	(b)  The application fee specified under s. 403.518 to the
1163	department.
1164	(2)(1)  Within 7 days after the filing of an application,
1165	the department shall provide to the applicant and the Division
1166	of Administrative Hearings the names and addresses of any
1167	additional those affected or other agencies or persons entitled
1168	to notice and copies of the application and any amendments.
1169	Copies of the application shall be distributed within 5 days by
1170	the applicant to these additional agencies. This distribution
1171	shall not be a basis for altering the schedule of dates for the
1172	certification process.
1173	(3)  Any amendment to the application made prior to
1174	certification shall be disposed of as part of the original
1175	certification proceeding. Amendment of the application may be
1176	considered good cause for alteration of time limits pursuant to
1177	s. 403.5095.
1178	(4)(2)  Within 7 days after the filing of an application
1179	completeness has been determined, the department shall prepare a
1180	proposed schedule of dates for determination of completeness,
1181	submission of statements of issues, determination of
1182	sufficiency, and submittal of final reports, from affected and
1183	other agencies and other significant dates to be followed during
1184	the certification process, including dates for filing notices of
1185	appearance to be a party pursuant to s. 403.508(3)(4). This
1186	schedule shall be timely provided by the department to the
1187	applicant, the administrative law judge, all agencies identified
1188	pursuant to subsection (2) (1), and all parties. Within 7 days
1189	after the filing of the proposed schedule, the administrative
1190	law judge shall issue an order establishing a schedule for the
1191	matters addressed in the department's proposed schedule and
1192	other appropriate matters, if any.
1193	(5)(3)  Within 7 days after completeness has been
1194	determined, the applicant shall distribute copies of the
1195	application to all agencies identified by the department
1196	pursuant to subsection (1). Copies of changes and amendments to
1197	the application shall be timely distributed by the applicant to
1198	all affected agencies and parties who have received a copy of
1199	the application.
1200	(6)  Notice of the filing of the application shall be
1201	published in accordance with the requirements of s. 403.5115.
1202	Section 25.  Section 403.5065, Florida Statutes, is amended
1203	to read:
1204	403.5065  Appointment of administrative law judge; powers
1205	and duties.--
1206	(1)  Within 7 days after receipt of an application, whether
1207	complete or not, the department shall request the Division of
1208	Administrative Hearings to designate an administrative law judge
1209	to conduct the hearings required by this act. The division
1210	director shall designate an administrative law judge within 7
1211	days after receipt of the request from the department. In
1212	designating an administrative law judge for this purpose, the
1213	division director shall, whenever practicable, assign an
1214	administrative law judge who has had prior experience or
1215	training in electrical power plant site certification
1216	proceedings. Upon being advised that an administrative law judge
1217	has been appointed, the department shall immediately file a copy
1218	of the application and all supporting documents with the
1219	designated administrative law judge, who shall docket the
1220	application.
1221	(2)  The administrative law judge shall have all powers and
1222	duties granted to administrative law judges by chapter 120 and
1223	by the laws and rules of the department.
1224	Section 26.  Section 403.5066, Florida Statutes, is amended
1225	to read:
1226	403.5066  Determination of completeness.--
1227	(1)(a)  Within 30 days after the filing of an application,
1228	affected agencies shall file a statement with the department
1229	containing each agency's recommendations on the completeness of
1230	the application.
1231	(b)  Within 40 15 days after the filing receipt of an
1232	application, the department shall file a statement with the
1233	Division of Administrative Hearings, and with the applicant, and
1234	with all parties declaring its position with regard to the
1235	completeness, not the sufficiency, of the application. The
1236	department's statement shall be based upon consultation with the
1237	affected agencies.
1238	(2)(1)  If the department declares the application to be
1239	incomplete, the applicant, within 15 days after the filing of
1240	the statement by the department, shall file with the Division of
1241	Administrative Hearings, and with the department, and all
1242	parties a statement:
1243	(a)  A withdrawal of Agreeing with the statement of the
1244	department and withdrawing the application;
1245	(b)  A statement agreeing to supply the additional
1246	information necessary to make the application complete. Such
1247	additional information shall be provided within 30 days after
1248	the issuance of the department's statement on completeness of
1249	the application. The time schedules under this act shall not be
1250	tolled if the applicant makes the application complete within 30
1251	days after the issuance of the department's statement on
1252	completeness of the application. A subsequent finding by the
1253	department that the application remains incomplete, based upon
1254	the additional information submitted by the applicant or upon
1255	the failure of the applicant to timely submit the additional
1256	information, tolls the time schedules under this act until the
1257	application is determined complete; Agreeing with the statement
1258	of the department and agreeing to amend the application without
1259	withdrawing it. The time schedules referencing a complete
1260	application under this act shall not commence until the
1261	application is determined complete; or
1262	(c)  A statement contesting the department's determination
1263	of incompleteness; or contesting the statement of the
1264	department.
1265	(d)  A statement agreeing with the department and
1266	requesting additional time beyond 30 days to provide the
1267	information necessary to make the application complete. If the
1268	applicant exercises this option, the time schedules under this
1269	act are tolled until the application is determined complete.
1270	(3)(a)(2)  If the applicant contests the determination by
1271	the department that an application is incomplete, the
1272	administrative law judge shall schedule a hearing on the
1273	statement of completeness. The hearing shall be held as
1274	expeditiously as possible, but not later than 21 30 days after
1275	the filing of the statement by the department. The
1276	administrative law judge shall render a decision within 7 10
1277	days after the hearing.
1278	(b)  Parties to a hearing on the issue of completeness
1279	shall include the applicant, the department, and any agency that
1280	has jurisdiction over the matter in dispute.
1281	(c)(a)  If the administrative law judge determines that the
1282	application was not complete as filed, the applicant shall
1283	withdraw the application or make such additional submittals as
1284	necessary to complete it. The time schedules referencing a
1285	complete application under this act shall not commence until the
1286	application is determined complete.
1287	(d)(b)  If the administrative law judge determines that the
1288	application was complete at the time it was declared incomplete
1289	filed, the time schedules referencing a complete application
1290	under this act shall commence upon such determination.
1291	(4)  If the applicant provides additional information to
1292	address the issues identified in the determination of
1293	incompleteness, each affected agency may submit to the
1294	department, no later than 15 days after the applicant files the
1295	additional information, a recommendation on whether the agency
1296	believes the application is complete. Within 22 days after
1297	receipt of the additional information from the applicant
1298	submitted under paragraph (2)(b), paragraph (2)(d), or paragraph
1299	(3)(c), the department shall determine whether the additional
1300	information supplied by an applicant makes the application
1301	complete. If the department finds that the application is still
1302	incomplete, the applicant may exercise any of the options
1303	specified in subsection (2) as often as is necessary to resolve
1304	the dispute.
1305	Section 27.  Section 403.50663, Florida Statutes, is
1306	created to read:
1307	403.50663  Informational public meetings.--
1308	(1)  A local government within whose jurisdiction the power
1309	plant is proposed to be sited may hold one informational public
1310	meeting in addition to the hearings specifically authorized by
1311	this act on any matter associated with the electrical power
1312	plant proceeding. Such informational public meetings shall be
1313	held by the local government or by the regional planning council
1314	if the local government does not hold such meeting within 70
1315	days after the filing of the application. The purpose of an
1316	informational public meeting is for the local government or
1317	regional planning council to further inform the public about the
1318	proposed electrical power plant or associated facilities, obtain
1319	comments from the public, and formulate its recommendation with
1320	respect to the proposed electrical power plant.
1321	(2)  Informational public meetings shall be held solely at
1322	the option of each local government or regional planning council
1323	if a public meeting is not held by the local government. It is
1324	the legislative intent that local governments or regional
1325	planning councils attempt to hold such public meetings. Parties
1326	to the proceedings under this act shall be encouraged to attend;
1327	however, no party other than the applicant and the department
1328	shall be required to attend such informational public meetings.
1329	(3)  A local government or regional planning council that
1330	intends to conduct an informational public meeting must provide
1331	notice of the meeting to all parties not less than 5 days prior
1332	to the meeting.
1333	(4)  The failure to hold an informational public meeting or
1334	the procedure used for the informational public meeting are not
1335	grounds for the alteration of any time limitation in this act
1336	under s. 403.5095 or grounds to deny or condition certification.
1337	Section 28.  Section 403.50665, Florida Statutes, is
1338	created to read:
1339	403.50665  Land use consistency.--
1340	(1)  The applicant shall include in the application a
1341	statement on the consistency of the site or any directly
1342	associated facilities with existing land use plans and zoning
1343	ordinances that were in effect on the date the application was
1344	filed and a full description of such consistency.
1345	(2)  Within 45 days after the filing of the application,
1346	each local government shall file a determination with the
1347	department, the applicant, the administrative law judge, and all
1348	parties on the consistency of the site or any directly
1349	associated facilities with existing land use plans and zoning
1350	ordinances that were in effect on the date the application was
1351	filed, based on the information provided in the application. The
1352	local government may issue its determination up to 35 days later
1353	if the local government has requested additional information on
1354	land use and zoning consistency as part of the local
1355	government's statement on completeness of the application
1356	submitted pursuant to s. 403.5066(1)(a). Notice of the
1357	consistency determination shall be published in accordance with
1358	the requirements of s. 403.5115.
1359	(3)  If the local government issues a determination that
1360	the proposed electrical power plant is not consistent or in
1361	compliance with local land use plans and zoning ordinances, the
1362	applicant may apply to the local government for the necessary
1363	local approval to address the inconsistencies in the local
1364	government's determination. If the applicant makes such an
1365	application to the local government, the time schedules under
1366	this act shall be tolled until the local government issues its
1367	revised determination on land use and zoning or the applicant
1368	otherwise withdraws its application to the local government. If
1369	the applicant applies to the local government for necessary
1370	local land use or zoning approval, the local government shall
1371	issue a revised determination within 30 days following the
1372	conclusion of that local proceeding, and the time schedules and
1373	notice requirements under this act shall apply to such revised
1374	determination.
1375	(4)  If any substantially affected person wishes to dispute
1376	the local government's determination, he or she shall file a
1377	petition with the department within 21 days after the
1378	publication of notice of the local government's determination.
1379	If a hearing is requested, the provisions of s. 403.508(1) shall
1380	apply.
1381	(5)  The dates in this section may be altered upon
1382	agreement between the applicant, the local government, and the
1383	department pursuant to s. 403.5095.
1384	(6)  If it is determined by the local government that the
1385	proposed site or directly associated facility does conform with
1386	existing land use plans and zoning ordinances in effect as of
1387	the date of the application and no petition has been filed, the
1388	responsible zoning or planning authority shall not thereafter
1389	change such land use plans or zoning ordinances so as to
1390	foreclose construction and operation of the proposed site or
1391	directly associated facilities unless certification is
1392	subsequently denied or withdrawn.
1393	Section 29.  Section 403.5067, Florida Statutes, is
1394	repealed.
1395	Section 30.  Section 403.507, Florida Statutes, is amended
1396	to read:
1397	403.507  Preliminary statements of issues, reports, project
1398	analyses, and studies.--
1399	(1)  Each affected agency identified in paragraph (2)(a)
1400	shall submit a preliminary statement of issues to the
1401	department, and the applicant, and all parties no later than 40
1402	60 days after the certification application has been determined
1403	distribution of the complete application. The failure to raise
1404	an issue in this statement shall not preclude the issue from
1405	being raised in the agency's report.
1406	(2)(a)  No later than 100 days after the certification
1407	application has been determined complete, the following agencies
1408	shall prepare reports as provided below and shall submit them to
1409	the department and the applicant within 150 days after
1410	distribution of the complete application:
1411	1.  The Department of Community Affairs shall prepare a
1412	report containing recommendations which address the impact upon
1413	the public of the proposed electrical power plant, based on the
1414	degree to which the electrical power plant is consistent with
1415	the applicable portions of the state comprehensive plan,
1416	emergency management, and other such matters within its
1417	jurisdiction. The Department of Community Affairs may also
1418	comment on the consistency of the proposed electrical power
1419	plant with applicable strategic regional policy plans or local
1420	comprehensive plans and land development regulations.
1421	2.  The Public Service Commission shall prepare a report as
1422	to the present and future need for the electrical generating
1423	capacity to be supplied by the proposed electrical power plant.
1424	The report shall include the commission's determination pursuant
1425	to s. 403.519 and may include the commission's comments with
1426	respect to any other matters within its jurisdiction.
1427	2.3.  The water management district shall prepare a report
1428	as to matters within its jurisdiction, including but not limited
1429	to, the impact of the proposed electrical power plant on water
1430	resources, regional water supply planning, and district-owned
1431	lands and works.
1432	3.4.  Each local government in whose jurisdiction the
1433	proposed electrical power plant is to be located shall prepare a
1434	report as to the consistency of the proposed electrical power
1435	plant with all applicable local ordinances, regulations,
1436	standards, or criteria that apply to the proposed electrical
1437	power plant, including adopted local comprehensive plans, land
1438	development regulations, and any applicable local environmental
1439	regulations adopted pursuant to s. 403.182 or by other means.
1440	4.5.  The Fish and Wildlife Conservation Commission shall
1441	prepare a report as to matters within its jurisdiction.
1442	5.6.  Each The regional planning council shall prepare a
1443	report containing recommendations that address the impact upon
1444	the public of the proposed electrical power plant, based on the
1445	degree to which the electrical power plant is consistent with
1446	the applicable provisions of the strategic regional policy plan
1447	adopted pursuant to chapter 186 and other matters within its
1448	jurisdiction.
1449	6.  The Department of Transportation shall address the
1450	impact of the proposed electrical power plant on matters within
1451	its jurisdiction.
1452	(b)7.  Any other agency, if requested by the department,
1453	shall also perform studies or prepare reports as to matters
1454	within that agency's jurisdiction which may potentially be
1455	affected by the proposed electrical power plant.
1456	(b)  As needed to verify or supplement the studies made by
1457	the applicant in support of the application, it shall be the
1458	duty of the department to conduct, or contract for, studies of
1459	the proposed electrical power plant and site, including, but not
1460	limited to, the following, which shall be completed no later
1461	than 210 days after the complete application is filed with the
1462	department:
1463	1.  Cooling system requirements.
1464	2.  Construction and operational safeguards.
1465	3.  Proximity to transportation systems.
1466	4.  Soil and foundation conditions.
1467	5.  Impact on suitable present and projected water supplies
1468	for this and other competing uses.
1469	6.  Impact on surrounding land uses.
1470	7.  Accessibility to transmission corridors.
1471	8.  Environmental impacts.
1472	9.  Requirements applicable under any federally delegated
1473	or approved permit program.
1474	(3)(c)  Each report described in subsection (2) paragraphs
1475	(a) and (b) shall contain:
1476	(a)  A notice of any nonprocedural requirements not
1477	specifically listed in the application from which a variance,
1478	exemption, exception all information on variances, exemptions,
1479	exceptions, or other relief is necessary in order for the
1480	proposed electrical power plant to be certified. Failure of such
1481	notification by an agency shall be treated as a waiver from
1482	nonprocedural requirements of that agency. However, no variance
1483	shall be granted from standards or regulations of the department
1484	applicable under any federally delegated or approved permit
1485	program, except as expressly allowed in such program. which may
1486	be required by s. 403.511(2) and
1487	(b)  A recommendation for approval or denial of the
1488	application.
1489	(c)  Any proposed conditions of certification on matters
1490	within the jurisdiction of such agency. For each condition
1491	proposed by an agency in its report, the agency shall list the
1492	specific statute, rule, or ordinance which authorizes the
1493	proposed condition.
1494	(d)  The agencies shall initiate the activities required by
1495	this section no later than 15 30 days after the complete
1496	application is distributed. The agencies shall keep the
1497	applicant and the department informed as to the progress of the
1498	studies and any issues raised thereby.
1499	(3)  No later than 60 days after the application for a
1500	federally required new source review or prevention of
1501	significant deterioration permit for the electrical power plant
1502	is complete and sufficient, the department shall issue its
1503	preliminary determination on such permit. Notice of such
1504	determination shall be published as required by the department's
1505	rules for notices of such permits. The department shall receive
1506	public comments and comments from the United States
1507	Environmental Protection Agency and other affected agencies on
1508	the preliminary determination as provided for in the federally
1509	approved state implementation plan. The department shall
1510	maintain a record of all comments received and considered in
1511	taking action on such permits. If a petition for an
1512	administrative hearing on the department's preliminary
1513	determination is filed by a substantially affected person, that
1514	hearing shall be consolidated with the certification hearing.
1515	(4)(a)  No later than 150 days after the application is
1516	filed, the Public Service Commission shall prepare a report as
1517	to the present and future need for electrical generating
1518	capacity to be supplied by the proposed electrical power plant.
1519	The report shall include the commission's determination pursuant
1520	to s. 403.519 and may include the commission's comments with
1521	respect to any other matters within its jurisdiction.
1522	(b)  Receipt of an affirmative determination of need by the
1523	submittal deadline under paragraph (a) shall be a condition
1524	precedent to issuance of the department's project analysis and
1525	conduct of the certification hearing.
1526	(5)(4)  The department shall prepare a project written
1527	analysis, which shall be filed with the designated
1528	administrative law judge and served on all parties no later than
1529	130 240 days after the complete application is determined
1530	complete filed with the department, but no later than 60 days
1531	prior to the hearing, and which shall include:
1532	(a)  A statement indicating whether the proposed electrical
1533	power plant and proposed ultimate site capacity will be in
1534	compliance and consistent with matters within the department's
1535	standard jurisdiction, including with the rules of the
1536	department, as well as whether the proposed electrical power
1537	plant and proposed ultimate site capacity will be in compliance
1538	with the nonprocedural requirements of the affected agencies.
1539	(b)  Copies of the studies and reports required by this
1540	section and s. 403.519.
1541	(c)  The comments received by the department from any other
1542	agency or person.
1543	(d)  The recommendation of the department as to the
1544	disposition of the application, of variances, exemptions,
1545	exceptions, or other relief identified by any party, and of any
1546	proposed conditions of certification which the department
1547	believes should be imposed.
1548	(e)  If available, the recommendation of the department
1549	regarding the issuance of any license required pursuant to a
1550	federally delegated or approved permit program.
1551	(f)  Copies of the department's draft of the operation
1552	permit for a major source of air pollution, which must also be
1553	provided to the United States Environmental Protection Agency
1554	for review within 5 days after issuance of the written analysis.
1555	(6)(5)  Except when good cause is shown, the failure of any
1556	agency to submit a preliminary statement of issues or a report,
1557	or to submit its preliminary statement of issues or report
1558	within the allowed time, shall not be grounds for the alteration
1559	of any time limitation in this act. Neither the failure to
1560	submit a preliminary statement of issues or a report nor the
1561	inadequacy of the preliminary statement of issues or report are
1562	shall be grounds to deny or condition certification.
1563	Section 31.  Section 403.508, Florida Statutes, is amended
1564	to read:
1565	403.508  Land use and certification hearings proceedings,
1566	parties, participants.--
1567	(1)(a)  If a petition for a hearing on land use has been
1568	filed pursuant to s. 403.50665, the designated administrative
1569	law judge shall conduct a land use hearing in the county of the
1570	proposed site or directly associated facility, as applicable, as
1571	expeditiously as possible, but not later than 30 within 90 days
1572	after the department's receipt of the petition a complete
1573	application for electrical power plant site certification by the
1574	department. The place of such hearing shall be as close as
1575	possible to the proposed site or directly associated facility.
1576	If a petition is filed, the hearing shall be held regardless of
1577	the status of the completeness of the application. However,
1578	incompleteness of information necessary for a local government
1579	to evaluate an application may be claimed by the local
1580	government as cause for a statement of inconsistency with
1581	existing land use plans and zoning ordinances under s.
1582	403.50665.
1583	(b)  Notice of the land use hearing shall be published in
1584	accordance with the requirements of s. 403.5115.
1585	(c)(2)  The sole issue for determination at the land use
1586	hearing shall be whether or not the proposed site is consistent
1587	and in compliance with existing land use plans and zoning
1588	ordinances. If the administrative law judge concludes that the
1589	proposed site is not consistent or in compliance with existing
1590	land use plans and zoning ordinances, the administrative law
1591	judge shall receive at the hearing evidence on, and address in
1592	the recommended order any changes to or approvals or variances
1593	under, the applicable land use plans or zoning ordinances which
1594	will render the proposed site consistent and in compliance with
1595	the local land use plans and zoning ordinances.
1596	(d)  The designated administrative law judge's recommended
1597	order shall be issued within 30 days after completion of the
1598	hearing and shall be reviewed by the board within 60 45 days
1599	after receipt of the recommended order by the board.
1600	(e)  If it is determined by the board that the proposed
1601	site does conform with existing land use plans and zoning
1602	ordinances in effect as of the date of the application, or as
1603	otherwise provided by this act, the responsible zoning or
1604	planning authority shall not thereafter change such land use
1605	plans or zoning ordinances so as to foreclose construction and
1606	operation of affect the proposed electrical power plant on the
1607	proposed site or directly associated facilities unless
1608	certification is subsequently denied or withdrawn.
1609	(f)  If it is determined by the board that the proposed
1610	site does not conform with existing land use plans and zoning
1611	ordinances, it shall be the responsibility of the applicant to
1612	make the necessary application for rezoning. Should the
1613	application for rezoning be denied, the applicant may appeal
1614	this decision to the board, which may, if it determines after
1615	notice and hearing and upon consideration of the recommended
1616	order on land use and zoning issues that it is in the public
1617	interest to authorize the use of the land as a site for an
1618	electrical power plant, authorize a variance or other necessary
1619	approval to the adopted land use plan and zoning ordinances
1620	required to render the proposed site consistent with local land
1621	use plans and zoning ordinances. The board's action shall not be
1622	controlled by any other procedural requirements of law. In the
1623	event a variance or other approval is denied by the board, it
1624	shall be the responsibility of the applicant to make the
1625	necessary application for any approvals determined by the board
1626	as required to make the proposed site consistent and in
1627	compliance with local land use plans and zoning ordinances. No
1628	further action may be taken on the complete application by the
1629	department until the proposed site conforms to the adopted land
1630	use plan or zoning ordinances or the board grants relief as
1631	provided under this act.
1632	(2)(a)(3)  A certification hearing shall be held by the
1633	designated administrative law judge no later than 265 300 days
1634	after the complete application is filed with the department;
1635	however, an affirmative determination of need by the Public
1636	Service Commission pursuant to s. 403.519 shall be a condition
1637	precedent to the conduct of the certification hearing. The
1638	certification hearing shall be held at a location in proximity
1639	to the proposed site. The certification hearing shall also
1640	constitute the sole hearing allowed by chapter 120 to determine
1641	the substantial interest of a party regarding any required
1642	agency license or any related permit required pursuant to any
1643	federally delegated or approved permit program. At the
1644	conclusion of the certification hearing, the designated
1645	administrative law judge shall, after consideration of all
1646	evidence of record, submit to the board a recommended order no
1647	later than 45 60 days after the filing of the hearing
1648	transcript. In the event the administrative law judge fails to
1649	issue a recommended order within 60 days after the filing of the
1650	hearing transcript, the administrative law judge shall submit a
1651	report to the board with a copy to all parties within 60 days
1652	after the filing of the hearing transcript to advise the board
1653	of the reason for the delay in the issuance of the recommended
1654	order and of the date by which the recommended order will be
1655	issued.
1656	(b)  Notice of the certification hearing and notice of the
1657	deadline for filing of notice of intent to be a party shall be
1658	made in accordance with the requirements of s. 403.5115.
1659	(3)(a)(4)(a)  Parties to the proceeding shall include:
1660	1.  The applicant.
1661	2.  The Public Service Commission.
1662	3.  The Department of Community Affairs.
1663	4.  The Fish and Wildlife Conservation Commission.
1664	5.  The water management district.
1665	6.  The department.
1666	7.  The regional planning council.
1667	8.  The local government.
1668	9.  The Department of Transportation.
1669	(b)  Any party listed in paragraph (a) other than the
1670	department or the applicant may waive its right to participate
1671	in these proceedings. If such listed party fails to file a
1672	notice of its intent to be a party on or before the 90th day
1673	prior to the certification hearing, such party shall be deemed
1674	to have waived its right to be a party.
1675	(c)  Notwithstanding the provisions of chapter 120, upon
1676	the filing with the administrative law judge of a notice of
1677	intent to be a party no later than 75 days after the application
1678	is filed at least 15 days prior to the date of the land use
1679	hearing, the following shall also be parties to the proceeding:
1680	1.  Any agency not listed in paragraph (a) as to matters
1681	within its jurisdiction.
1682	2.  Any domestic nonprofit corporation or association
1683	formed, in whole or in part, to promote conservation or natural
1684	beauty; to protect the environment, personal health, or other
1685	biological values; to preserve historical sites; to promote
1686	consumer interests; to represent labor, commercial, or
1687	industrial groups; or to promote comprehensive planning or
1688	orderly development of the area in which the proposed electrical
1689	power plant is to be located.
1690	(d)  Notwithstanding paragraph (e), failure of an agency
1691	described in subparagraph (c)1. to file a notice of intent to be
1692	a party within the time provided herein shall constitute a
1693	waiver of the right of that agency to participate as a party in
1694	the proceeding.
1695	(e)  Other parties may include any person, including those
1696	persons enumerated in paragraph (c) who have failed to timely
1697	file a notice of intent to be a party, whose substantial
1698	interests are affected and being determined by the proceeding
1699	and who timely file a motion to intervene pursuant to chapter
1700	120 and applicable rules. Intervention pursuant to this
1701	paragraph may be granted at the discretion of the designated
1702	administrative law judge and upon such conditions as he or she
1703	may prescribe any time prior to 30 days before the commencement
1704	of the certification hearing.
1705	(f)  Any agency, including those whose properties or works
1706	are being affected pursuant to s. 403.509(4), shall be made a
1707	party upon the request of the department or the applicant.
1708	(4)(a)  The order of presentation at the certification
1709	hearing, unless otherwise changed by the administrative law
1710	judge to ensure the orderly presentation of witnesses and
1711	evidence, shall be:
1712	1.  The applicant.
1713	2.  The department.
1714	3.  State agencies.
1715	4.  Regional agencies, including regional planning councils
1716	and water management districts.
1717	5.  Local governments.
1718	6.  Other parties.
1719	(b)(5)  When appropriate, any person may be given an
1720	opportunity to present oral or written communications to the
1721	designated administrative law judge. If the designated
1722	administrative law judge proposes to consider such
1723	communications, then all parties shall be given an opportunity
1724	to cross-examine or challenge or rebut such communications.
1725	(5)  At the conclusion of the certification hearing, the
1726	designated administrative law judge shall, after consideration
1727	of all evidence of record, submit to the board a recommended
1728	order no later than 45 days after the filing of the hearing
1729	transcript.
1730	(6)(a)  No earlier than 29 days prior to the conduct of the
1731	certification hearing, the department or the applicant may
1732	request that the administrative law judge cancel the
1733	certification hearing and relinquish jurisdiction to the
1734	department if all parties to the proceeding stipulate that there
1735	are no disputed issues of fact or law to be raised at the
1736	certification hearing, and if sufficient time remains for the
1737	applicant and the department to publish public notices of the
1738	cancellation of the hearing at least 3 days prior to the
1739	scheduled date of the hearing.
1740	(b)  The administrative law judge shall issue an order
1741	granting or denying the request within 5 days after receipt of
1742	the request.
1743	(c)  If the administrative law judge grants the request,
1744	the department and the applicant shall publish notices of the
1745	cancellation of the certification hearing, in accordance with s.
1746	403.5115.
1747	(d)1.  If the administrative law judge grants the request,
1748	the department shall prepare and issue a final order in
1749	accordance with s. 403.509(1)(a).
1750	2.  Parties may submit proposed recommended orders to the
1751	department no later than 10 days after the administrative law
1752	judge issues an order relinquishing jurisdiction.
1753	(7)  The applicant shall pay those expenses and costs
1754	associated with the conduct of the hearings and the recording
1755	and transcription of the proceedings.
1756	(6)  The designated administrative law judge shall have all
1757	powers and duties granted to administrative law judges by
1758	chapter 120 and this chapter and by the rules of the department
1759	and the Administration Commission, including the authority to
1760	resolve disputes over the completeness and sufficiency of an
1761	application for certification.
1762	(7)  The order of presentation at the certification
1763	hearing, unless otherwise changed by the administrative law
1764	judge to ensure the orderly presentation of witnesses and
1765	evidence, shall be:
1766	(a)  The applicant.
1767	(b)  The department.
1768	(c)  State agencies.
1769	(d)  Regional agencies, including regional planning
1770	councils and water management districts.
1771	(e)  Local governments.
1772	(f)  Other parties.
1773	(8)  In issuing permits under the federally approved new
1774	source review or prevention of significant deterioration permit
1775	program, the department shall observe the procedures specified
1776	under the federally approved state implementation plan,
1777	including public notice, public comment, public hearing, and
1778	notice of applications and amendments to federal, state, and
1779	local agencies, to assure that all such permits issued in
1780	coordination with the certification of a power plant under this
1781	act are federally enforceable and are issued after opportunity
1782	for informed public participation regarding the terms and
1783	conditions thereof. When possible, any hearing on a federally
1784	approved or delegated program permit such as new source review,
1785	prevention of significant deterioration permit, or NPDES permit
1786	shall be conducted in conjunction with the certification hearing
1787	held under this act. The department shall accept written comment
1788	with respect to an application for, or the department's
1789	preliminary determination on, a new source review or prevention
1790	of significant deterioration permit for a period of no less than
1791	30 days from the date notice of such action is published. Upon
1792	request submitted within 30 days after published notice, the
1793	department shall hold a public meeting, in the area affected,
1794	for the purpose of receiving public comment on issues related to
1795	the new source review or prevention of significant deterioration
1796	permit. If requested following notice of the department's
1797	preliminary determination, the public meeting to receive public
1798	comment shall be held prior to the scheduled certification
1799	hearing. The department shall also solicit comments from the
1800	United States Environmental Protection Agency and other affected
1801	federal agencies regarding the department's preliminary
1802	determination for any federally required new source review or
1803	prevention of significant deterioration permit. It is the intent
1804	of the Legislature that the review, processing, and issuance of
1805	such federally delegated or approved permits be closely
1806	coordinated with the certification process established under
1807	this part. In the event of a conflict between the certification
1808	process and federally required procedures contained in the state
1809	implementation plan, the applicable federal requirements of the
1810	implementation plan shall control.
1811	Section 32.  Section 403.509, Florida Statutes, is amended
1812	to read:
1813	403.509  Final disposition of application.--
1814	(1)(a)  If the administrative law judge has granted a
1815	request to cancel the certification hearing and has relinquished
1816	jurisdiction to the department under the provisions of s.
1817	403.508(6), within 40 days thereafter, the secretary of the
1818	department shall act upon the application by written order in
1819	accordance with the terms of this act and the stipulation of the
1820	parties in requesting cancellation of the certification hearing.
1821	(b)  If the administrative law judge has not granted a
1822	request to cancel the certification hearing under the provisions
1823	of s. 403.508(6), within 60 days after receipt of the designated
1824	administrative law judge's recommended order, the board shall
1825	act upon the application by written order, approving
1826	certification or denying certification the issuance of a
1827	certificate, in accordance with the terms of this act, and
1828	stating the reasons for issuance or denial. If certification the
1829	certificate is denied, the board shall set forth in writing the
1830	action the applicant would have to take to secure the board's
1831	approval of the application.
1832	(2)  The issues that may be raised in any hearing before
1833	the board shall be limited to those matters raised in the
1834	certification proceeding before the administrative law judge or
1835	raised in the recommended order. All parties, or their
1836	representatives, or persons who appear before the board shall be
1837	subject to the provisions of s. 120.66.
1838	(3)  In determining whether an application should be
1839	approved in whole, approved with modifications or conditions, or
1840	denied, the board, or secretary when applicable, shall consider
1841	whether, and the extent to which, the location of the electrical
1842	power plant and directly associated facilities and their
1843	construction and operation will:
1844	(a)  Provide reasonable assurance that operational
1845	safeguards are technically sufficient for the public welfare and
1846	protection.
1847	(b)  Comply with applicable nonprocedural requirements of
1848	agencies.
1849	(c)  Be consistent with applicable local government
1850	comprehensive plans and land development regulations.
1851	(d)  Meet the electrical energy needs of the state in an
1852	orderly and timely fashion.
1853	(e)  Effect a reasonable balance between the need for the
1854	facility as established pursuant to s. 403.519, and the impacts
1855	upon air and water quality, fish and wildlife, water resources,
1856	and other natural resources of the state resulting from the
1857	construction and operation of the facility.
1858	(f)  Minimize, through the use of reasonable and available
1859	methods, the adverse effects on human health, the environment,
1860	and the ecology of the land and its wildlife and the ecology of
1861	state waters and their aquatic life.
1862	(g)  Serve and protect the broad interests of the public.
1863	(3)  Within 30 days after issuance of the certification,
1864	the department shall issue and forward to the United States
1865	Environmental Protection Agency a proposed operation permit for
1866	a major source of air pollution and must issue or deny any other
1867	license required pursuant to any federally delegated or approved
1868	permit program. The department's action on the license and its
1869	action on the proposed operation permit for a major source of
1870	air pollution shall be based upon the record and recommended
1871	order of the certification hearing. The department's actions on
1872	a federally required new source review or prevention of
1873	significant deterioration permit shall be based on the record
1874	and recommended order of the certification hearing and of any
1875	other proceeding held in connection with the application for a
1876	new source review or prevention of significant deterioration
1877	permit, on timely public comments received with respect to the
1878	application or preliminary determination for such permit, and on
1879	the provisions of the state implementation plan.
1880	(4)  The department's action on a federally required new
1881	source review or prevention of significant deterioration permit
1882	shall differ from the actions taken by the siting board
1883	regarding the certification if the federally approved state
1884	implementation plan requires such a different action to be taken
1885	by the department. Nothing in this part shall be construed to
1886	displace the department's authority as the final permitting
1887	entity under the federally approved permit program. Nothing in
1888	this part shall be construed to authorize the issuance of a new
1889	source review or prevention of significant deterioration permit
1890	which does not conform to the requirements of the federally
1891	approved state implementation plan. Any final operation permit
1892	for a major source of air pollution must be issued in accordance
1893	with the provisions of s. 403.0872. Unless the federally
1894	delegated or approved permit program provides otherwise,
1895	licenses issued by the department under this subsection shall be
1896	effective for the term of the certification issued by the board.
1897	If renewal of any license issued by the department pursuant to a
1898	federally delegated or approved permit program is required, such
1899	renewal shall not affect the certification issued by the board,
1900	except as necessary to resolve inconsistencies pursuant to s.
1901	403.516(1)(a).
1902	(5)(4)  In regard to the properties and works of any agency
1903	which is a party to the certification hearing, the board shall
1904	have the authority to decide issues relating to the use, the
1905	connection thereto, or the crossing thereof, for the electrical
1906	power plant and directly associated facilities site and to
1907	direct any such agency to execute, within 30 days after the
1908	entry of certification, the necessary license or easement for
1909	such use, connection, or crossing, subject only to the
1910	conditions set forth in such certification.
1911	(6)(5)  Except for the issuance of any operation permit for
1912	a major source of air pollution pursuant to s. 403.0872, The
1913	issuance or denial of the certification by the board or
1914	secretary of the department and the issuance or denial of any
1915	related department license required pursuant to any federally
1916	delegated or approved permit program shall be the final
1917	administrative action required as to that application.
1918	(6)  All certified electrical power plants must apply for
1919	and obtain a major source air-operation permit pursuant to s.
1920	403.0872. Major source air-operation permit applications for
1921	certified electrical power plants must be submitted pursuant to
1922	a schedule developed by the department. To the extent that any
1923	conflicting provision, limitation, or restriction under any
1924	rule, regulation, or ordinance imposed by any political
1925	subdivision of the state, or by any local pollution control
1926	program, was superseded during the certification process
1927	pursuant to s. 403.510(1), such rule, regulation, or ordinance
1928	shall continue to be superseded for purposes of the major source
1929	air-operation permit program under s. 403.0872.
1930	Section 33.  Section 403.511, Florida Statutes, is amended
1931	to read:
1932	403.511  Effect of certification.--
1933	(1)  Subject to the conditions set forth therein, any
1934	certification signed by the Governor shall constitute the sole
1935	license of the state and any agency as to the approval of the
1936	site and the construction and operation of the proposed
1937	electrical power plant, except for the issuance of department
1938	licenses required under any federally delegated or approved
1939	permit program and except as otherwise provided in subsection
1940	(4).
1941	(2)(a)  The certification shall authorize the licensee
1942	applicant named therein to construct and operate the proposed
1943	electrical power plant, subject only to the conditions of
1944	certification set forth in such certification, and except for
1945	the issuance of department licenses or permits required under
1946	any federally delegated or approved permit program.
1947	(b)1.  Except as provided in subsection (4), the
1948	certification may include conditions which constitute variances,
1949	exemptions, or exceptions from nonprocedural requirements of the
1950	department or any agency which were expressly considered during
1951	the proceeding, including, but not limited to, any site specific
1952	criteria, standards, or limitations under local land use and
1953	zoning approvals which affect the proposed electrical power
1954	plant or its site, unless waived by the agency as provided below
1955	and which otherwise would be applicable to the construction and
1956	operation of the proposed electrical power plant.
1957	2.  No variance, exemption, exception, or other relief
1958	shall be granted from a state statute or rule for the protection
1959	of endangered or threatened species, aquatic preserves,
1960	Outstanding National Resource Waters, or Outstanding Florida
1961	Waters or for the disposal of hazardous waste, except to the
1962	extent authorized by the applicable statute or rule or except
1963	upon a finding in the certification order by the siting board
1964	that the public interests set forth in s. 403.509(3) 403.502 in
1965	certifying the electrical power plant at the site proposed by
1966	the applicant overrides the public interest protected by the
1967	statute or rule from which relief is sought. Each party shall
1968	notify the applicant and other parties at least 60 days prior to
1969	the certification hearing of any nonprocedural requirements not
1970	specifically listed in the application from which a variance,
1971	exemption, exception, or other relief is necessary in order for
1972	the board to certify any electrical power plant proposed for
1973	certification. Failure of such notification by an agency shall
1974	be treated as a waiver from nonprocedural requirements of the
1975	department or any other agency. However, no variance shall be
1976	granted from standards or regulations of the department
1977	applicable under any federally delegated or approved permit
1978	program, except as expressly allowed in such program.
1979	(3)  The certification and any order on land use and zoning
1980	issued under this act shall be in lieu of any license, permit,
1981	certificate, or similar document required by any state,
1982	regional, or local agency pursuant to, but not limited to,
1983	chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
1984	chapter 253, chapter 298, chapter 370, chapter 373, chapter 376,
1985	chapter 380, chapter 381, chapter 387, chapter 403, except for
1986	permits issued pursuant to any federally delegated or approved
1987	permit program s. 403.0885 and except as provided in s.
1988	403.509(3) and (6), chapter 404, or the Florida Transportation
1989	Code, or 33 U.S.C. s. 1341.
1990	(4)  This act shall not affect in any way the ratemaking
1991	powers of the Public Service Commission under chapter 366; nor
1992	shall this act in any way affect the right of any local
1993	government to charge appropriate fees or require that
1994	construction be in compliance with applicable building
1995	construction codes.
1996	(5)(a)  An electrical power plant certified pursuant to
1997	this act shall comply with rules adopted by the department
1998	subsequent to the issuance of the certification which prescribe
1999	new or stricter criteria, to the extent that the rules are
2000	applicable to electrical power plants. Except when express
2001	variances, exceptions, exemptions, or other relief have been
2002	granted, subsequently adopted rules which prescribe new or
2003	stricter criteria shall operate as automatic modifications to
2004	certifications.
2005	(b)  Upon written notification to the department, any
2006	holder of a certification issued pursuant to this act may choose
2007	to operate the certified electrical power plant in compliance
2008	with any rule subsequently adopted by the department which
2009	prescribes criteria more lenient than the criteria required by
2010	the terms and conditions in the certification which are not
2011	site-specific.
2012	(c)  No term or condition of certification shall be
2013	interpreted to preclude the postcertification exercise by any
2014	party of whatever procedural rights it may have under chapter
2015	120, including those related to rulemaking proceedings. This
2016	subsection shall apply to previously issued certifications.
2017	(6)  No term or condition of a site certification shall be
2018	interpreted to supersede or control the provisions of a final
2019	operation permit for a major source of air pollution issued by
2020	the department pursuant to s. 403.0872 to a such facility
2021	certified under this part.
2022	(7)  Pursuant to s. 380.23, electrical power plants are
2023	subject to the federal coastal consistency review program.
2024	Issuance of certification shall constitute the state's
2025	certification of coastal zone consistency.
2026	Section 34.  Section 403.5112, Florida Statutes, is created
2027	to read:
2028	403.5112  Filing of notice of certified corridor route.--
2029	(1)  Within 60 days after certification of a directly
2030	associated linear facility pursuant to this act, the applicant
2031	shall file, in accordance with s. 28.222, with the department
2032	and the clerk of the circuit court for each county through which
2033	the corridor will pass, a notice of the certified route.
2034	(2)  The notice shall consist of maps or aerial photographs
2035	in the scale of 1:24,000 which clearly show the location of the
2036	certified route and shall state that the certification of the
2037	corridor will result in the acquisition of rights-of-way within
2038	the corridor. Each clerk shall record the filing in the official
2039	record of the county for the duration of the certification or
2040	until such time as the applicant certifies to the department and
2041	the clerk that all lands required for the transmission line
2042	rights-of-way within the corridor have been acquired within such
2043	county, whichever is sooner.
2044	Section 35.  Section 403.5113, Florida Statutes, is created
2045	to read:
2046	403.5113  Postcertification amendments.--
2047	(1)  If, subsequent to certification by the board, a
2048	licensee proposes any material change to the application and
2049	revisions or amendments thereto, as certified, the licensee
2050	shall submit a written request for amendment and a description
2051	of the proposed change to the application to the department.
2052	Within 30 days after the receipt of the request for the
2053	amendment, the department shall determine whether the proposed
2054	change to the application requires a modification of the
2055	conditions of certification.
2056	(2)  If the department concludes that the change would not
2057	require a modification of the conditions of certification, the
2058	department shall provide written notification of the approval of
2059	the proposed amendment to the licensee, all agencies, and all
2060	other parties.
2061	(3)  If the department concludes that the change would
2062	require a modification of the conditions of certification, the
2063	department shall provide written notification to the licensee
2064	that the proposed change to the application requires a request
2065	for modification pursuant to s. 403.516.
2066	(4)  Postcertification submittals filed by the licensee
2067	with one or more agencies are for the purpose of monitoring for
2068	compliance with the issued certification and must be reviewed by
2069	the agencies on an expedited and priority basis because each
2070	facility certified under this act is a critical infrastructure
2071	facility. In no event shall a postcertification review be
2072	completed in more than 90 days after complete information is
2073	submitted to the reviewing agencies.
2074	Section 36.  Section 403.5115, Florida Statutes, is amended
2075	to read:
2076	403.5115  Public notice; costs of proceeding.--
2077	(1)  The following notices are to be published by the
2078	applicant:
2079	(a)  Notice A notice of the filing of a notice of intent
2080	under s. 403.5063, which shall be published within 21 days after
2081	the filing of the notice. The notice shall be published as
2082	specified by subsection (2), except that the newspaper notice
2083	shall be one-fourth page in size in a standard size newspaper or
2084	one-half page in size in a tabloid size newspaper.
2085	(b)  Notice A notice of filing of the application, which
2086	shall include a description of the proceedings required by this
2087	act, within 21 days after the date of the application filing be
2088	published as specified in subsection (2), within 15 days after
2089	the application has been determined complete. Such notice shall
2090	give notice of the provisions of s. 403.511(1) and (2) and that
2091	the application constitutes a request for a federally required
2092	new source review or prevention of significant deterioration
2093	permit.
2094	(c)  Notice of the land use determination made pursuant to
2095	s. 403.50665(1) within 21 days after the determination is filed.
2096	(d)  Notice of the land use hearing, which shall be
2097	published as specified in subsection (2), no later than 15 45
2098	days before the hearing.
2099	(e)(d)  Notice of the certification hearing and notice of
2100	the deadline for filing notice of intent to be a party, which
2101	shall be published as specified in subsection (2), at least 65
2102	days before the date set for the certification no later than 45
2103	days before the hearing.
2104	(f)  Notice of the cancellation of the certification
2105	hearing, if applicable, no later than 3 days before the date of
2106	the originally scheduled certification hearing.
2107	(g)(e)  Notice of modification when required by the
2108	department, based on whether the requested modification of
2109	certification will significantly increase impacts to the
2110	environment or the public. Such notice shall be published as
2111	specified under subsection (2):
2112	1.  Within 21 days after receipt of a request for
2113	modification., except that The newspaper notice shall be of a
2114	size as directed by the department commensurate with the scope
2115	of the modification.
2116	2.  If a hearing is to be conducted in response to the
2117	request for modification, then notice shall be published no
2118	later than 30 days before the hearing provided as specified in
2119	paragraph (d).
2120	(h)(f)  Notice of a supplemental application, which shall
2121	be published as specified in paragraph (b) and subsection
2122	(2).follows:
2123	1.  Notice of receipt of the supplemental application shall
2124	be published as specified in paragraph (b).
2125	2.  Notice of the certification hearing shall be published
2126	as specified in paragraph (d).
2127	(i)  Notice of existing site certification pursuant to s.
2128	403.5175. Notices shall be published as specified in paragraph
2129	(b) and subsection (2).
2130	(2)  Notices provided by the applicant shall be published
2131	in newspapers of general circulation within the county or
2132	counties in which the proposed electrical power plant will be
2133	located. The newspaper notices shall be at least one-half page
2134	in size in a standard size newspaper or a full page in a tabloid
2135	size newspaper and published in a section of the newspaper other
2136	than the legal notices section. These notices shall include a
2137	map generally depicting the project and all associated
2138	facilities corridors. A newspaper of general circulation shall
2139	be the newspaper which has the largest daily circulation in that
2140	county and has its principal office in that county. If the
2141	newspaper with the largest daily circulation has its principal
2142	office outside the county, the notices shall appear in both the
2143	newspaper having the largest circulation in that county and in a
2144	newspaper authorized to publish legal notices in that county.
2145	(3)  All notices published by the applicant shall be paid
2146	for by the applicant and shall be in addition to the application
2147	fee.
2148	(4)  The department shall arrange for publication of the
2149	following notices in the manner specified by chapter 120 and
2150	provide copies of those notices to any persons who have
2151	requested to be placed on the departmental mailing list for this
2152	purpose:
2153	(a)  Notice Publish in the Florida Administrative Weekly
2154	notices of the filing of the notice of intent within 15 days
2155	after receipt of the notice.;
2156	(b)  Notice of the filing of the application, no later than
2157	21 days after the application filing.;
2158	(c)  Notice of the land use determination made pursuant to
2159	s. 403.50665(1) within 21 days after the determination is filed.
2160	(d)  Notice of the land use hearing before the
2161	administrative law judge, if applicable, no later than 15 days
2162	before the hearing.;
2163	(e)  Notice of the land use hearing before the board, if
2164	applicable.
2165	(f)  Notice of the certification hearing at least 45 days
2166	before the date set for the certification hearing.;
2167	(g)  Notice of the cancellation of the certification
2168	hearing, if applicable, no later than 3 days prior to the date
2169	of the originally scheduled certification hearing.
2170	(h)  Notice of the hearing before the board, if
2171	applicable.;
2172	(i)  Notice and of stipulations, proposed agency action, or
2173	petitions for modification.; and
2174	(b)  Provide copies of those notices to any persons who
2175	have requested to be placed on the departmental mailing list for
2176	this purpose.
2177	(5)  The applicant shall pay those expenses and costs
2178	associated with the conduct of the hearings and the recording
2179	and transcription of the proceedings.
2180	Section 37.  Section 403.513, Florida Statutes, is amended
2181	to read:
2182	403.513  Review.--Proceedings under this act shall be
2183	subject to judicial review as provided in chapter 120. When
2184	possible, separate appeals of the certification order issued by
2185	the board and of any department permit issued pursuant to a
2186	federally delegated or approved permit program may shall be
2187	consolidated for purposes of judicial review.
2188	Section 38.  Section 403.516, Florida Statutes, is amended
2189	to read:
2190	403.516  Modification of certification.--
2191	(1)  A certification may be modified after issuance in any
2192	one of the following ways:
2193	(a)  The board may delegate to the department the authority
2194	to modify specific conditions in the certification.
2195	(b)1.  The department may modify specific conditions of a
2196	site certification which are inconsistent with the terms of any
2197	federally delegated or approved final air pollution operation
2198	permit for the certified electrical power plant issued by the
2199	United States Environmental Protection Agency under the terms of
2200	42 U.S.C. s. 7661d.
2201	2.  Such modification may be made without further notice if
2202	the matter has been previously noticed under the requirements
2203	for any federally delegated or approved permit program.
2204	(c)  The licensee may file a petition for modification with
2205	the department, or the department may initiate the modification
2206	upon its own initiative.
2207	1.  A petition for modification must set forth:
2208	a.  The proposed modification.
2209	b.  The factual reasons asserted for the modification.
2210	c.  The anticipated environmental effects of the proposed
2211	modification.
2212	2.(b)  The department may modify the terms and conditions
2213	of the certification if no party to the certification hearing
2214	objects in writing to such modification within 45 days after
2215	notice by mail to such party's last address of record, and if no
2216	other person whose substantial interests will be affected by the
2217	modification objects in writing within 30 days after issuance of
2218	public notice.
2219	3.  If objections are raised or the department denies the
2220	request, the applicant or department may file a request petition
2221	for a hearing on the modification with the department. Such
2222	request shall be handled pursuant to chapter 120 paragraph (c).
2223	(c)  A petition for modification may be filed by the
2224	applicant or the department setting forth:
2225	1.  The proposed modification,
2226	2.  The factual reasons asserted for the modification, and
2227	3.  The anticipated effects of the proposed modification on
2228	the applicant, the public, and the environment.
2229
2230	The petition for modification shall be filed with the department
2231	and the Division of Administrative Hearings.
2232	4.  Requests referred to the Division of Administrative
2233	Hearings shall be disposed of in the same manner as an
2234	application, but with time periods established by the
2235	administrative law judge commensurate with the significance of
2236	the modification requested.
2237	(d)  As required by s. 403.511(5).
2238	(2)  Petitions filed pursuant to paragraph (1)(c) shall be
2239	disposed of in the same manner as an application, but with time
2240	periods established by the administrative law judge commensurate
2241	with the significance of the modification requested.
2242	(2)(3)  Any agreement or modification under this section
2243	must be in accordance with the terms of this act. No
2244	modification to a certification shall be granted that
2245	constitutes a variance from standards or regulations of the
2246	department applicable under any federally delegated or approved
2247	permit program, except as expressly allowed in such program.
2248	Section 39.  Section 403.517, Florida Statutes, is amended
2249	to read:
2250	403.517  Supplemental applications for sites certified for
2251	ultimate site capacity.--
2252	(1)(a)  Supplemental The department shall adopt rules
2253	governing the processing of supplemental applications may be
2254	submitted for certification of the construction and operation of
2255	electrical power plants to be located at sites which have been
2256	previously certified for an ultimate site capacity pursuant to
2257	this act. Supplemental applications shall be limited to
2258	electrical power plants using the fuel type previously certified
2259	for that site. Such applications shall include all new directly
2260	associated facilities that support the construction and
2261	operation of the electrical power plant. The rules adopted
2262	pursuant to this section shall include provisions for:
2263	1.  Prompt appointment of a designated administrative law
2264	judge.
2265	2.  The contents of the supplemental application.
2266	3.  Resolution of disputes as to the completeness and
2267	sufficiency of supplemental applications by the designated
2268	administrative law judge.
2269	4.  Public notice of the filing of the supplemental
2270	applications.
2271	5.  Time limits for prompt processing of supplemental
2272	applications.
2273	6.  Final disposition by the board within 215 days of the
2274	filing of a complete supplemental application.
2275	(b)  The review shall use the same procedural steps and
2276	notices as for an initial application.
2277	(c)  The time limits for the processing of a complete
2278	supplemental application shall be designated by the department
2279	commensurate with the scope of the supplemental application, but
2280	shall not exceed any time limitation governing the review of
2281	initial applications for site certification pursuant to this
2282	act, it being the legislative intent to provide shorter time
2283	limitations for the processing of supplemental applications for
2284	electrical power plants to be constructed and operated at sites
2285	which have been previously certified for an ultimate site
2286	capacity.
2287	(d)(c)  Any time limitation in this section or in rules
2288	adopted pursuant to this section may be altered pursuant to s.
2289	403.5095 by the designated administrative law judge upon
2290	stipulation between the department and the applicant, unless
2291	objected to by any party within 5 days after notice, or for good
2292	cause shown by any party. The parties to the proceeding shall
2293	adhere to the provisions of chapter 120 and this act in
2294	considering and processing such supplemental applications.
2295	(2)  Supplemental applications shall be reviewed as
2296	provided in ss. 403.507-403.511, except that the time limits
2297	provided in this section shall apply to such supplemental
2298	applications.
2299	(3)  The land use and zoning consistency determination of
2300	s. 403.50665 hearing requirements of s. 403.508(1) and (2) shall
2301	not be applicable to the processing of supplemental applications
2302	pursuant to this section so long as:
2303	(a)  The previously certified ultimate site capacity is not
2304	exceeded; and
2305	(b)  The lands required for the construction or operation
2306	of the electrical power plant which is the subject of the
2307	supplemental application are within the boundaries of the
2308	previously certified site.
2309	(4)  For the purposes of this act, the term "ultimate site
2310	capacity" means the maximum generating capacity for a site as
2311	certified by the board.
2312	Section 40.  Section 403.5175, Florida Statutes, is amended
2313	to read:
2314	403.5175  Existing electrical power plant site
2315	certification.--
2316	(1)  An electric utility that owns or operates an existing
2317	electrical power plant as defined in s. 403.503(12) may apply
2318	for certification of an existing power plant and its site in
2319	order to obtain all agency licenses necessary to ensure assure
2320	compliance with federal or state environmental laws and
2321	regulation using the centrally coordinated, one-stop licensing
2322	process established by this part. An application for site
2323	certification under this section must be in the form prescribed
2324	by department rule. Applications must be reviewed and processed
2325	using the same procedural steps and notices as for an
2326	application for a new facility in accordance with ss. 403.5064-
2327	403.5115, except that a determination of need by the Public
2328	Service Commission is not required.
2329	(2)  An application for certification under this section
2330	must include:
2331	(a)  A description of the site and existing power plant
2332	installations;
2333	(b)  A description of all proposed changes or alterations
2334	to the site or electrical power plant, including all new
2335	associated facilities that are the subject of the application;
2336	(c)  A description of the environmental and other impacts
2337	caused by the existing utilization of the site and directly
2338	associated facilities, and the operation of the electrical power
2339	plant that is the subject of the application, and of the
2340	environmental and other benefits, if any, to be realized as a
2341	result of the proposed changes or alterations if certification
2342	is approved and such other information as is necessary for the
2343	reviewing agencies to evaluate the proposed changes and the
2344	expected impacts;
2345	(d)  The justification for the proposed changes or
2346	alterations;
2347	(e)  Copies of all existing permits, licenses, and
2348	compliance plans authorizing utilization of the site and
2349	directly associated facilities or operation of the electrical
2350	power plant that is the subject of the application.
2351	(3)  The land use and zoning determination hearing
2352	requirements of s. 403.50665 s. 403.508(1) and (2) do not apply
2353	to an application under this section if the applicant does not
2354	propose to expand the boundaries of the existing site. If the
2355	applicant proposes to expand the boundaries of the existing site
2356	to accommodate portions of the plant or associated facilities, a
2357	land use and zoning determination shall be made hearing must be
2358	held as specified in s. 403.50665 s. 403.508(1) and (2);
2359	provided, however, that the sole issue for determination through
2360	the land use hearing is whether the proposed site expansion is
2361	consistent and in compliance with the existing land use plans
2362	and zoning ordinances.
2363	(4)  In considering whether an application submitted under
2364	this section should be approved in whole, approved with
2365	appropriate conditions, or denied, the board shall consider
2366	whether, and to the extent to which the proposed changes to the
2367	electrical power plant and its continued operation under
2368	certification will:
2369	(a)  Comply with the provisions of s. 403.509(3).
2370	applicable nonprocedural requirements of agencies;
2371	(b)  Result in environmental or other benefits compared to
2372	current utilization of the site and operations of the electrical
2373	power plant if the proposed changes or alterations are
2374	undertaken.;
2375	(c)  Minimize, through the use of reasonable and available
2376	methods, the adverse effects on human health, the environment,
2377	and the ecology of the land and its wildlife and the ecology of
2378	state waters and their aquatic life; and
2379	(d)  Serve and protect the broad interests of the public.
2380	(5)  An applicant's failure to receive approval for
2381	certification of an existing site or an electrical power plant
2382	under this section is without prejudice to continued operation
2383	of the electrical power plant or site under existing agency
2384	licenses.
2385	Section 41.  Section 403.518, Florida Statutes, is amended
2386	to read:
2387	403.518  Fees; disposition.--
2388	(1)  The department shall charge the applicant the
2389	following fees, as appropriate, which, unless otherwise
2390	specified, shall be paid into the Florida Permit Fee Trust Fund:
2391	(1)(a)  A fee for a notice of intent pursuant to s.
2392	403.5063, in the amount of $2,500, to be submitted to the
2393	department at the time of filing of a notice of intent. The
2394	notice-of-intent fee shall be used and disbursed in the same
2395	manner as the application fee.
2396	(2)(b)  An application fee, which shall not exceed
2397	$200,000. The fee shall be fixed by rule on a sliding scale
2398	related to the size, type, ultimate site capacity, or increase
2399	in electrical generating capacity proposed by the application,
2400	or the number and size of local governments in whose
2401	jurisdiction the electrical power plant is located.
2402	(a)1.  Sixty percent of the fee shall go to the department
2403	to cover any costs associated with coordinating the review
2404	reviewing and acting upon the application, to cover any field
2405	services associated with monitoring construction and operation
2406	of the facility, and to cover the costs of the public notices
2407	published by the department.
2408	(b)2.  The following percentages Twenty percent of the fee
2409	or $25,000, whichever is greater, shall be transferred to the
2410	Administrative Trust Fund of the Division of Administrative
2411	Hearings of the Department of Management Services:.
2412	1.  Five percent to compensate expenses from the initial
2413	exercise of duties associated with the filing of an application.
2414	2.  An additional 5 percent if a land use hearing is held
2415	pursuant to s. 403.508.
2416	3.  An additional 10 percent if a certification hearing is
2417	held pursuant to s. 403.508.
2418	(c)1.3.  Upon written request with proper itemized
2419	accounting within 90 days after final agency action by the board
2420	or withdrawal of the application, the agencies that prepared
2421	reports pursuant to s. 403.507 or participated in a hearing
2422	pursuant to s. 403.508 may submit a written request to the
2423	department for reimbursement of expenses incurred during the
2424	certification proceedings. The request shall contain an
2425	accounting of expenses incurred which may include time spent
2426	reviewing the application, the department shall reimburse the
2427	Department of Community Affairs, the Fish and Wildlife
2428	Conservation Commission, and any water management district
2429	created pursuant to chapter 373, regional planning council, and
2430	local government in the jurisdiction of which the proposed
2431	electrical power plant is to be located, and any other agency
2432	from which the department requests special studies pursuant to
2433	s. 403.507(2)(a)7. Such reimbursement shall be authorized for
2434	the preparation of any studies required of the agencies by this
2435	act, and for agency travel and per diem to attend any hearing
2436	held pursuant to this act, and for any agency or local
2437	government's provision of notice of public meetings or hearings
2438	required as a result of the application for certification
2439	governments to participate in the proceedings. The department
2440	shall review the request and verify that the expenses are valid.
2441	Valid expenses shall be reimbursed; however, in the event the
2442	amount of funds available for reimbursement allocation is
2443	insufficient to provide for full compensation complete
2444	reimbursement to the agencies requesting reimbursement,
2445	reimbursement shall be on a prorated basis.
2446	2.  If the application review is held in abeyance for more
2447	than 1 year, the agencies may submit a request for
2448	reimbursement.
2449	(d)4.  If any sums are remaining, the department shall
2450	retain them for its use in the same manner as is otherwise
2451	authorized by this act; provided, however, that if the
2452	certification application is withdrawn, the remaining sums shall
2453	be refunded to the applicant within 90 days after withdrawal.
2454	(3)(a)(c)  A certification modification fee, which shall
2455	not exceed $30,000. The department shall establish rules for
2456	determining such a fee based on the equipment redesign, change
2457	in site size, type, increase in generating capacity proposed, or
2458	change in an associated linear facility location.
2459	(b)  The fee shall be submitted to the department with a
2460	formal petition for modification to the department pursuant to
2461	s. 403.516. This fee shall be established, disbursed, and
2462	processed in the same manner as the application fee in
2463	subsection (2) paragraph (b), except that the Division of
2464	Administrative Hearings shall not receive a portion of the fee
2465	unless the petition for certification modification is referred
2466	to the Division of Administrative Hearings for hearing. If the
2467	petition is so referred, only $10,000 of the fee shall be
2468	transferred to the Administrative Trust Fund of the Division of
2469	Administrative Hearings of the Department of Management
2470	Services. The fee for a modification by agreement filed pursuant
2471	to s. 403.516(1)(b) shall be $10,000 to be paid upon the filing
2472	of the request for modification. Any sums remaining after
2473	payment of authorized costs shall be refunded to the applicant
2474	within 90 days of issuance or denial of the modification or
2475	withdrawal of the request for modification.
2476	(4)(d)  A supplemental application fee, not to exceed
2477	$75,000, to cover all reasonable expenses and costs of the
2478	review, processing, and proceedings of a supplemental
2479	application. This fee shall be established, disbursed, and
2480	processed in the same manner as the certification application
2481	fee in subsection (2) paragraph (b), except that only $20,000 of
2482	the fee shall be transferred to the Administrative Trust Fund of
2483	the Division of Administrative Hearings of the Department of
2484	Management Services.
2485	(5)(e)  An existing site certification application fee, not
2486	to exceed $200,000, to cover all reasonable costs and expenses
2487	of the review processing and proceedings for certification of an
2488	existing power plant site under s. 403.5175. This fee must be
2489	established, disbursed, and processed in the same manner as the
2490	certification application fee in subsection (2) paragraph (b).
2491	(2)  Effective upon the date commercial operation begins,
2492	the operator of an electrical power plant certified under this
2493	part is required to pay to the department an annual operation
2494	license fee as specified in s. 403.0872(11) to be deposited in
2495	the Air Pollution Control Trust Fund.
2496	Section 42.  Any application for electrical power plant
2497	certification filed pursuant to ss. 403.501-403.518, Florida
2498	Statutes, shall be processed under the provisions of the law
2499	applicable at the time the application was filed, except that
2500	the provisions relating to cancellation of the certification
2501	hearing under s. 403.508(6), Florida Statutes, the provisions
2502	relating to the final disposition of the application and
2503	issuance of the written order by the secretary under s.
2504	403.509(1)(a), Florida Statutes, and notice of the cancellation
2505	of the certification hearing under s. 403.5115, Florida
2506	Statutes, may apply to any application for electrical power
2507	plant certification.
2508	Section 43.  Section 403.519, Florida Statutes, is amended
2509	to read:
2510	403.519  Exclusive forum for determination of need.--
2511	(1)  On request by an applicant or on its own motion, the
2512	commission shall begin a proceeding to determine the need for an
2513	electrical power plant subject to the Florida Electrical Power
2514	Plant Siting Act.
2515	(2)  The applicant commission shall publish a notice of the
2516	proceeding in a newspaper of general circulation in each county
2517	in which the proposed electrical power plant will be located.
2518	The notice shall be at least one-quarter of a page and published
2519	at least 21 45 days prior to the scheduled date for the
2520	proceeding. The commission shall publish notice of the
2521	proceeding in the manner specified by chapter 120 at least 21
2522	days prior to the scheduled date for the proceeding.
2523	(3)  The commission shall be the sole forum for the
2524	determination of this matter, which accordingly shall not be
2525	raised in any other forum or in the review of proceedings in
2526	such other forum. In making its determination, the commission
2527	shall take into account the need for electric system reliability
2528	and integrity, the need for adequate electricity at a reasonable
2529	cost, the need for fuel diversity and supply reliability, and
2530	whether the proposed plant is the most cost-effective
2531	alternative available. The commission shall also expressly
2532	consider the conservation measures taken by or reasonably
2533	available to the applicant or its members which might mitigate
2534	the need for the proposed plant and other matters within its
2535	jurisdiction which it deems relevant. The commission's
2536	determination of need for an electrical power plant shall create
2537	a presumption of public need and necessity and shall serve as
2538	the commission's report required by s. 403.507(4)
2539	403.507(2)(a)2. An order entered pursuant to this section
2540	constitutes final agency action.
2541	(4)  In making its determination on a proposed electrical
2542	power plant using nuclear materials as fuel, the commission
2543	shall hold a hearing within 90 days after the filing of the
2544	petition to determine need and shall issue an order granting or
2545	denying the petition within 135 days after the date of the
2546	filing of the petition. The commission shall be the sole forum
2547	for the determination of this matter and the issues addressed in
2548	the petition, which accordingly shall not be reviewed in any
2549	other forum, or in the review of proceedings in such other
2550	forum. In making its determination to either grant or deny the
2551	petition, the commission shall consider the need for electric
2552	system reliability and integrity, including fuel diversity, the
2553	need for base-load generating capacity, and the need for
2554	adequate electricity at a reasonable cost.
2555	(a)  The applicant's petition shall include:
2556	1.  A description of the need for the generation capacity.
2557	2.  A description of how the proposed nuclear power plant
2558	will enhance the reliability of electric power production within
2559	the state by improving the balance of power plant fuel diversity
2560	and reducing Florida's dependence on fuel oil and natural gas.
2561	3.  A description of and a nonbinding estimate of the cost
2562	of the nuclear power plant.
2563	4.  The annualized base revenue requirement for the first
2564	12 months of operation of the nuclear power plant.
2565	5.  Information on whether there were any discussions with
2566	any electric utilities regarding ownership of a portion of the
2567	plant by such electric utilities.
2568	(b)  In making its determination, the commission shall take
2569	into account matters within its jurisdiction, which it deems
2570	relevant, including whether the nuclear power plant will:
2571	1.  Provide needed base-load capacity.
2572	2.  Enhance the reliability of electric power production
2573	within the state by improving the balance of power plant fuel
2574	diversity and reducing Florida's dependence on fuel oil and
2575	natural gas.
2576	3.  Provide the most cost-effective source of power, taking
2577	into account the need to improve the balance of fuel diversity,
2578	reduce Florida's dependence on fuel oil and natural gas, reduce
2579	air emission compliance costs, and contribute to the long-term
2580	stability and reliability of the electric grid.
2581	(c)  No provision of rule 25-22.082, Florida Administrative
2582	Code, shall be applicable to a nuclear power plant sited under
2583	this act, including provisions for cost recovery, and an
2584	applicant shall not otherwise be required to secure competitive
2585	proposals for power supply prior to making application under
2586	this act or receiving a determination of need from the
2587	commission.
2588	(d)  The commission's determination of need for a nuclear
2589	power plant shall create a presumption of public need and
2590	necessity and shall serve as the commission's report required by
2591	s. 403.507(4)(a). An order entered pursuant to this section
2592	constitutes final agency action. Any petition for
2593	reconsideration of a final order on a petition for need
2594	determination shall be filed within 5 days after the date of
2595	such order. The commission's final order, including any order on
2596	reconsideration, shall be reviewable on appeal in the Florida
2597	Supreme Court. Inasmuch as delay in the determination of need
2598	will delay siting of a nuclear power plant or diminish the
2599	opportunity for savings to customers under the federal Energy
2600	Policy Act of 2005, the Supreme Court shall proceed to hear and
2601	determine the action as expeditiously as practicable and give
2602	the action precedence over matters not accorded similar
2603	precedence by law.
2604	(e)  After a petition for determination of need for a
2605	nuclear power plant has been granted, the right of a utility to
2606	recover any costs incurred prior to commercial operation,
2607	including, but not limited to, costs associated with the siting,
2608	design, licensing, or construction of the plant, shall not be
2609	subject to challenge unless and only to the extent the
2610	commission finds, based on a preponderance of the evidence
2611	adduced at a hearing before the commission under s. 120.57, that
2612	certain costs were imprudently incurred. Proceeding with the
2613	construction of the nuclear power plant following an order by
2614	the commission approving the need for the nuclear power plant
2615	under this act shall not constitute or be evidence of
2616	imprudence. Imprudence shall not include any cost increases due
2617	to events beyond the utility's control. Further, a utility's
2618	right to recover costs associated with a nuclear power plant may
2619	not be raised in any other forum or in the review of proceedings
2620	in such other forum. Costs incurred prior to commercial
2621	operation shall be recovered pursuant to chapter 366.
2622	Section 44.  Section 366.93, Florida Statutes, is created
2623	to read:
2624	366.93  Cost recovery for the siting, design, licensing,
2625	and construction of nuclear power plants.--
2626	(1)  As used in this section, the term:
2627	(a)  "Cost" includes, but is not limited to, all capital
2628	investments, including rate of return, any applicable taxes, and
2629	all expenses, including operation and maintenance expenses,
2630	related to or resulting from the siting, licensing, design,
2631	construction, or operation of the nuclear power plant.
2632	(b)  "Electric utility" or "utility" has the same meaning
2633	as that provided in s. 366.8255(1)(a).
2634	(c)  "Nuclear power plant" or "plant" is an electrical
2635	power plant as defined in s. 403.503(12) that uses nuclear
2636	materials for fuel.
2637	(d)  "Preconstruction" is that period of time after a site
2638	has been selected through and including the date the utility
2639	completes site clearing work. Preconstruction costs shall be
2640	afforded deferred accounting treatment and shall accrue a
2641	carrying charge equal to the utility's allowance for funds
2642	during construction (AFUDC) rate until recovered in rates.
2643	(2)  Within 6 months after the enactment of this act, the
2644	commission shall establish, by rule, alternative cost recovery
2645	mechanisms for the recovery of costs incurred in the siting,
2646	design, licensing, and construction of a nuclear power plant.
2647	Such mechanisms shall be designed to promote utility investment
2648	in nuclear power plants and allow for the recovery in rates all
2649	prudently incurred costs, and shall include, but are not limited
2650	to:
2651	(a)  Recovery through the capacity cost recovery clause of
2652	any preconstruction costs.
2653	(b)  Recovery through an incremental increase in the
2654	utility's capacity cost recovery clause rates of the carrying
2655	costs on the utility's projected construction cost balance
2656	associated with the nuclear power plant. To encourage investment
2657	and provide certainty, for nuclear power plant need petitions
2658	submitted on or before December 31, 2010, associated carrying
2659	costs shall be equal to the pretax AFUDC in effect upon this act
2660	becoming law. For nuclear power plants for which need petitions
2661	are submitted after December 31, 2010, the utility's existing
2662	pretax AFUDC rate is presumed to be appropriate unless
2663	determined otherwise by the commission in the determination of
2664	need for the nuclear power plant.
2665	(3)  After a petition for determination of need is granted,
2666	a utility may petition the commission for cost recovery as
2667	permitted by this section and commission rules.
2668	(4)  When the nuclear power plant is placed in commercial
2669	service, the utility shall be allowed to increase its base rate
2670	charges by the projected annual revenue requirements of the
2671	nuclear power plant based on the jurisdictional annual revenue
2672	requirements of the plant for the first 12 months of operation.
2673	The rate of return on capital investments shall be calculated
2674	using the utility's rate of return last approved by the
2675	commission prior to the commercial inservice date of the nuclear
2676	power plant. If any existing generating plant is retired as a
2677	result of operation of the nuclear power plant, the commission
2678	shall allow for the recovery, through an increase in base rate
2679	charges, of the net book value of the retired plant over a
2680	period not to exceed 5 years.
2681	(5)  The utility shall report to the commission annually
2682	the budgeted and actual costs as compared to the estimated
2683	inservice cost of the nuclear power plant provided by the
2684	utility pursuant to s. 403.519(4), until the commercial
2685	operation of the nuclear power plant. The utility shall provide
2686	such information on an annual basis following the final order by
2687	the commission approving the determination of need for the
2688	nuclear power plant, with the understanding that some costs may
2689	be higher than estimated and other costs may be lower.
2690	(6)  In the event the utility elects not to complete or is
2691	precluded from completing construction of the nuclear power
2692	plant, the utility shall be allowed to recover all prudent
2693	preconstruction and construction costs incurred following the
2694	commission's issuance of a final order granting a determination
2695	of need for the nuclear power plant. The utility shall recover
2696	such costs through the capacity cost recovery clause over a
2697	period equal to the period during which the costs were incurred
2698	or 5 years, whichever is greater. The unrecovered balance during
2699	the recovery period will accrue interest at the utility's
2700	weighted average cost of capital as reported in the commission's
2701	earnings surveillance reporting requirement for the prior year.
2702	Section 45.  Section 403.52, Florida Statutes, is amended
2703	to read:
2704	403.52  Short title.--Sections 403.52-403.5365 may be cited
2705	as the "Florida Electric Transmission Line Siting Act."
2706	Section 46.  Section 403.521, Florida Statutes, is amended
2707	to read:
2708	403.521  Legislative intent.--The legislative intent of
2709	this act is to establish a centralized and coordinated licensing
2710	permitting process for the location of electric transmission
2711	line corridors and the construction, operation, and maintenance
2712	of electric transmission lines, which are critical
2713	infrastructure facilities. This necessarily involves several
2714	broad interests of the public addressed through the subject
2715	matter jurisdiction of several agencies. The Legislature
2716	recognizes that electric transmission lines will have an effect
2717	upon the reliability of the electric power system, the
2718	environment, land use, and the welfare of the population.
2719	Recognizing the need to ensure electric power system reliability
2720	and integrity, and in order to meet electric electrical energy
2721	needs in an orderly and timely fashion, the centralized and
2722	coordinated licensing permitting process established by this act
2723	is intended to further the legislative goal of ensuring through
2724	available and reasonable methods that the location of
2725	transmission line corridors and the construction, operation, and
2726	maintenance of electric transmission lines produce minimal
2727	adverse effects on the environment and public health, safety,
2728	and welfare while not unduly conflicting with the goals
2729	established by the applicable local comprehensive plan. It is
2730	the intent of this act to fully balance the need for
2731	transmission lines with the broad interests of the public in
2732	order to effect a reasonable balance between the need for the
2733	facility as a means of providing reliable, economical, and
2734	efficient electric abundant low-cost electrical energy and the
2735	impact on the public and the environment resulting from the
2736	location of the transmission line corridor and the construction,
2737	operation, and maintenance of the transmission lines. The
2738	Legislature intends that the provisions of chapter 120 apply to
2739	this act and to proceedings under pursuant to it except as
2740	otherwise expressly exempted by other provisions of this act.
2741	Section 47.  Section 403.522, Florida Statutes, is amended
2742	to read:
2743	403.522  Definitions relating to the Florida Electric
2744	Transmission Line Siting Act.--As used in this act:
2745	(1)  "Act" means the Florida Electric Transmission Line
2746	Siting Act.
2747	(2)  "Agency," as the context requires, means an official,
2748	officer, commission, authority, council, committee, department,
2749	division, bureau, board, section, or other unit or entity of
2750	government, including a county, municipality, or other regional
2751	or local governmental entity.
2752	(3)  "Amendment" means a material change in information
2753	provided by the applicant to the application for certification
2754	made after the initial application filing.
2755	(4)  "Applicant" means any electric utility that which
2756	applies for certification under pursuant to the provisions of
2757	this act.
2758	(5)  "Application" means the documents required by the
2759	department to be filed to initiate and support a certification
2760	review and evaluation, including the initial document filing,
2761	amendments, and responses to requests from the department for
2762	additional data and information proceeding. An electric utility
2763	may file a comprehensive application encompassing all or a part
2764	of one or more proposed transmission lines.
2765	(6)  "Board" means the Governor and Cabinet sitting as the
2766	siting board.
2767	(7)  "Certification" means the approval by the board of the
2768	license for a corridor proper for certification pursuant to
2769	subsection (10) and the construction, operation, and maintenance
2770	of transmission lines within the such corridor with the such
2771	changes or conditions as the siting board deems appropriate.
2772	Certification shall be evidenced by a written order of the
2773	board.
2774	(8)  "Commission" means the Florida Public Service
2775	Commission.
2776	(9)  "Completeness" means that the application has
2777	addressed all applicable sections of the prescribed application
2778	format and, but does not mean that those sections are sufficient
2779	in comprehensiveness of data or in quality of information
2780	provided to allow the department to determine whether the
2781	application provides the reviewing agencies adequate information
2782	to prepare the reports required by s. 403.526.
2783	(10)  "Corridor" means the proposed area within which a
2784	transmission line right-of-way, including maintenance and access
2785	roads, is to be located. The width of the corridor proposed for
2786	certification by an applicant or other party, at the option of
2787	the applicant, may be the width of the transmission line right-
2788	of-way, or a wider boundary, not to exceed a width of 1 mile.
2789	The area within the corridor in which a right-of-way may be
2790	located may be further restricted by a condition of
2791	certification. After all property interests required for the
2792	transmission line right-of-way and maintenance and access roads
2793	have been acquired by the applicant, the boundaries of the area
2794	certified shall narrow to only that land within the boundaries
2795	of the transmission line right-of-way. The corridors proper for
2796	certification shall be those addressed in the application, in
2797	amendments to the application filed under pursuant to s.
2798	403.5275, and in notices of acceptance of proposed alternate
2799	corridors filed by an applicant and the department pursuant to
2800	s. 403.5271 for which the required sufficient information for
2801	the preparation of agency supplemental reports was filed.
2802	(11)  "Department" means the Department of Environmental
2803	Protection.
2804	(12)  "Electric utility" means cities and towns, counties,
2805	public utility districts, regulated electric companies, electric
2806	cooperatives, regional transmission organizations, operators of
2807	independent transmission systems, or other transmission
2808	organizations approved by the Federal Energy Regulatory
2809	Commission or the commission for the operation of transmission
2810	facilities, and joint operating agencies, or combinations
2811	thereof, engaged in, or authorized to engage in, the business of
2812	generating, transmitting, or distributing electric energy.
2813	(13)  "License" means a franchise, permit, certification,
2814	registration, charter, comprehensive plan amendment, development
2815	order, or permit as defined in chapters 163 and 380, or similar
2816	form of authorization required by law, but it does not include a
2817	license required primarily for revenue purposes when issuance of
2818	the license is merely a ministerial act.
2819	(14)  "Licensee" means an applicant that has obtained a
2820	certification order for the subject project.
2821	(15)(14)  "Local government" means a municipality or county
2822	in the jurisdiction of which the project is proposed to be
2823	located.
2824	(16)  "Maintenance and access roads" mean roads constructed
2825	within the transmission line right-of-way. Nothing in this act
2826	prohibits an applicant from constructing a road to support
2827	construction, operation, or maintenance of the transmission line
2828	that lies outside the transmission line right-of-way.
2829	(17)(15)  "Modification" means any change in the
2830	certification order after issuance, including a change in the
2831	conditions of certification.
2832	(18)(16)  "Nonprocedural requirements of agencies" means
2833	any agency's regulatory requirements established by statute,
2834	rule, ordinance, or comprehensive plan, excluding any provisions
2835	prescribing forms, fees, procedures, or time limits for the
2836	review or processing of information submitted to demonstrate
2837	compliance with such regulatory requirements.
2838	(19)(17)  "Person" means an individual, partnership, joint
2839	venture, private or public corporation, association, firm,
2840	public service company, political subdivision, municipal
2841	corporation, government agency, public utility district, or any
2842	other entity, public or private, however organized.
2843	(20)(18)  "Preliminary statement of issues" means a listing
2844	and explanation of those issues within the agency's jurisdiction
2845	which are of major concern to the agency in relation to the
2846	proposed electric electrical transmission line corridor.
2847	(21)(19)  "Regional planning council" means a regional
2848	planning council as defined in s. 186.503(4) in the jurisdiction
2849	of which the project is proposed to be located.
2850	(20)  "Sufficiency" means that the application is not only
2851	complete but that all sections are adequate in the
2852	comprehensiveness of data and in the quality of information
2853	provided to allow the department to determine whether the
2854	application provides the reviewing agencies adequate information
2855	to prepare the reports authorized by s. 403.526.
2856	(22)(21)  "Transmission line" or "electric transmission
2857	line" means structures, maintenance and access roads, and all
2858	other facilities that need to be constructed, operated, or
2859	maintained for the purpose of conveying electric power any
2860	electrical transmission line extending from, but not including,
2861	an existing or proposed substation or power plant to, but not
2862	including, an existing or proposed transmission network or
2863	rights-of-way or substation to which the applicant intends to
2864	connect which defines the end of the proposed project and which
2865	is designed to operate at 230 kilovolts or more. The starting
2866	point and ending point of a transmission line must be
2867	specifically defined by the applicant and must be verified by
2868	the commission in its determination of need. A transmission line
2869	includes structures and maintenance and access roads that need
2870	to be constructed for the project to become operational. The
2871	transmission line may include, at the applicant's option, any
2872	proposed terminal or intermediate substations or substation
2873	expansions necessary to serve the transmission line.
2874	(23)(22)  "Transmission line right-of-way" means land
2875	necessary for the construction, operation, and maintenance of a
2876	transmission line. The typical width of the right-of-way shall
2877	be identified in the application. The right-of-way shall be
2878	located within the certified corridor and shall be identified by
2879	the applicant subsequent to certification in documents filed
2880	with the department before prior to construction.
2881	(24)(23)  "Water management district" means a water
2882	management district created pursuant to chapter 373 in the
2883	jurisdiction of which the project is proposed to be located.
2884	Section 48.  Section 403.523, Florida Statutes, is amended
2885	to read:
2886	403.523  Department of Environmental Protection; powers and
2887	duties.--The department has shall have the following powers and
2888	duties:
2889	(1)  To adopt procedural rules pursuant to ss. 120.536(1)
2890	and 120.54 to administer implement the provisions of this act
2891	and to adopt or amend rules to implement the provisions of
2892	subsection (10).
2893	(2)  To prescribe the form and content of the public
2894	notices and the form, content, and necessary supporting
2895	documentation, and any required studies, for certification
2896	applications. All such data and studies shall be related to the
2897	jurisdiction of the agencies relevant to the application.
2898	(3)  To receive applications for transmission line and
2899	corridor certifications and initially determine the completeness
2900	and sufficiency thereof.
2901	(4)  To make or contract for studies of certification
2902	applications. All such studies shall be related to the
2903	jurisdiction of the agencies relevant to the application. For
2904	studies in areas outside the jurisdiction of the department and
2905	in the jurisdiction of another agency, the department may
2906	initiate such studies, but only with the consent of the such
2907	agency.
2908	(5)  To administer the processing of applications for
2909	certification and ensure that the applications, including
2910	postcertification reviews, are processed on an expeditious and
2911	priority basis as expeditiously as possible.
2912	(6)  To collect and process require such fees as allowed by
2913	this act.
2914	(7)  To prepare a report and project written analysis as
2915	required by s. 403.526.
2916	(8)  To prescribe the means for monitoring the effects
2917	arising from the location of the transmission line corridor and
2918	the construction, operation, and maintenance of the transmission
2919	lines to assure continued compliance with the terms of the
2920	certification.
2921	(9)  To make a determination of acceptability of any
2922	alternate corridor proposed for consideration under pursuant to
2923	s. 403.5271.
2924	(10)  To set requirements that reasonably protect the
2925	public health and welfare from the electric and magnetic fields
2926	of transmission lines for which an application is filed under
2927	after the effective date of this act.
2928	(11)  To present rebuttal evidence on any issue properly
2929	raised at the certification hearing.
2930	(12)  To issue final orders after receipt of the
2931	administrative law judge's order relinquishing jurisdiction
2932	pursuant to s. 403.527(6).
2933	(13)  To act as clerk for the siting board.
2934	(14)  To administer and manage the terms and conditions of
2935	the certification order and supporting documents and records for
2936	the life of the facility.
2937	(15)  To issue emergency orders on behalf of the board for
2938	facilities licensed under this act.
2939	Section 49.  Section 403.524, Florida Statutes, is amended
2940	to read:
2941	403.524  Applicability; and certification; exemptions.--
2942	(1)  The provisions of This act applies apply to each
2943	transmission line, except a transmission line certified under
2944	pursuant to the Florida Electrical Power Plant Siting Act.
2945	(2)  Except as provided in subsection (1), no construction
2946	of a any transmission line may not be undertaken without first
2947	obtaining certification under this act, but the provisions of
2948	this act does do not apply to:
2949	(a)  Transmission lines for which development approval has
2950	been obtained under pursuant to chapter 380.
2951	(b)  Transmission lines that which have been exempted by a
2952	binding letter of interpretation issued under s. 380.06(4), or
2953	in which the Department of Community Affairs or its predecessor
2954	agency has determined the utility to have vested development
2955	rights within the meaning of s. 380.05(18) or s. 380.06(20).
2956	(c)  Transmission line development in which all
2957	construction is limited to established rights-of-way.
2958	Established rights-of-way include such rights-of-way established
2959	at any time for roads, highways, railroads, gas, water, oil,
2960	electricity, or sewage and any other public purpose rights-of-
2961	way. If an established transmission line right-of-way is used to
2962	qualify for this exemption, the transmission line right-of-way
2963	must have been established at least 5 years before notice of the
2964	start of construction under subsection (4) of the proposed
2965	transmission line. If an established transmission line right-of-
2966	way is relocated to accommodate a public project, the date the
2967	original transmission line right-of-way was established applies
2968	to the relocated transmission line right-of-way for purposes of
2969	this exemption. Except for transmission line rights-of-way,
2970	established rights-of-way include rights-of-way created before
2971	or after October 1, 1983. For transmission line rights-of-way,
2972	established rights-of-way include rights-of-way created before
2973	October 1, 1983.
2974	(d)  Unless the applicant has applied for certification
2975	under this act, transmission lines that which are less than 15
2976	miles in length or are located in a single which do not cross a
2977	county within the state line, unless the applicant has elected
2978	to apply for certification under the act.
2979	(3)  The exemption of a transmission line under this act
2980	does not constitute an exemption for the transmission line from
2981	other applicable permitting processes under other provisions of
2982	law or local government ordinances.
2983	(4)  An electric A utility shall notify the department in
2984	writing, before prior to the start of construction, of its
2985	intent to construct a transmission line exempted under pursuant
2986	to this section. The Such notice is shall be only for
2987	information purposes, and no action by the department is not
2988	shall be required pursuant to the such notice. This notice may
2989	be included in any submittal filed with the department before
2990	the start of construction demonstrating that a new transmission
2991	line complies with the applicable electric and magnetic field
2992	standards.
2993	Section 50.  Section 403.525, Florida Statutes, is amended
2994	to read:
2995	403.525  Appointment of Administrative law judge;
2996	appointment; powers and duties.--
2997	(1)(a)  Within 7 days after receipt of an application,
2998	whether complete or not, the department shall request the
2999	Division of Administrative Hearings to designate an
3000	administrative law judge to conduct the hearings required by
3001	this act.
3002	(b)  The division director shall designate an
3003	administrative law judge to conduct the hearings required by
3004	this act within 7 days after receipt of the request from the
3005	department. Whenever practicable, the division director shall
3006	assign an administrative law judge who has had prior experience
3007	or training in this type of certification proceeding.
3008	(c)  Upon being advised that an administrative law judge
3009	has been designated, the department shall immediately file a
3010	copy of the application and all supporting documents with the
3011	administrative law judge, who shall docket the application.
3012	(2)  The administrative law judge has all powers and duties
3013	granted to administrative law judges under chapter 120 and by
3014	the laws and rules of the department.
3015	Section 51.  Section 403.5251, Florida Statutes, is amended
3016	to read:
3017	403.5251  Distribution of Application; schedules.--
3018	(1)(a)  The formal date of the filing of the application
3019	for certification and commencement of the review process for
3020	certification is the date on which the applicant submits:
3021	1.  Copies of the application for certification in a
3022	quantity and format, electronic or otherwise as prescribed by
3023	rule, to the department and other agencies identified in s.
3024	403.526(2).
3025	2.  The application fee as specified under s. 403.5365 to
3026	the department.
3027
3028	The department shall provide to the applicant and the Division
3029	of Administrative Hearings the names and addresses of any
3030	additional agencies or persons entitled to notice and copies of
3031	the application and amendments, if any, within 7 days after
3032	receiving the application for certification and the application
3033	fees.
3034	(b)  In the application, the starting point and ending
3035	point of a transmission line must be specifically defined by the
3036	applicant. Within 7 days after the filing of an application, the
3037	department shall provide the applicant and the Division of
3038	Administrative Hearings the names and addresses of those
3039	affected or other agencies entitled to notice and copies of the
3040	application and any amendments.
3041	(2)  Within 15 7 days after the formal date of the
3042	application filing completeness has been determined, the
3043	department shall prepare a proposed schedule of dates for
3044	determination of completeness, submission of statements of
3045	issues, determination of sufficiency, and submittal of final
3046	reports, from affected and other agencies and other significant
3047	dates to be followed during the certification process, including
3048	dates for filing notices of appearances to be a party under s.
3049	403.527(2) pursuant to s. 403.527(4). This schedule shall be
3050	provided by the department to the applicant, the administrative
3051	law judge, and the agencies identified under pursuant to
3052	subsection (1). Within 7 days after the filing of this proposed
3053	schedule, the administrative law judge shall issue an order
3054	establishing a schedule for the matters addressed in the
3055	department's proposed schedule and other appropriate matters, if
3056	any.
3057	(3)  Within 7 days after completeness has been determined,
3058	the applicant shall distribute copies of the application to all
3059	agencies identified by the department pursuant to subsection
3060	(1). Copies of changes and amendments to the application shall
3061	be timely distributed by the applicant to all agencies and
3062	parties who have received a copy of the application.
3063	(4)  Notice of the filing of the application shall be made
3064	in accordance with the requirements of s. 403.5363.
3065	Section 52.  Section 403.5252, Florida Statutes, is amended
3066	to read:
3067	403.5252  Determination of completeness.--
3068	(1)(a)  Within 30 days after distribution of an
3069	application, the affected agencies shall file a statement with
3070	the department containing the recommendations of each agency
3071	concerning the completeness of the application for
3072	certification.
3073	(b)  Within 7 15 days after receipt of the completeness
3074	statements of each agency an application, the department shall
3075	file a statement with the Division of Administrative Hearings,
3076	and with the applicant, and with all parties declaring its
3077	position with regard to the completeness, not the sufficiency,
3078	of the application. The statement of the department shall be
3079	based upon its consultation with the affected agencies.
3080	(2)(1)  If the department declares the application to be
3081	incomplete, the applicant, within 14 15 days after the filing of
3082	the statement by the department, shall file with the Division of
3083	Administrative Hearings, with all parties, and with the
3084	department a statement:
3085	(a)  A withdrawal of Agreeing with the statement of the
3086	department and withdrawing the application;
3087	(b)  Additional information necessary to make the
3088	application complete. After the department first determines the
3089	application to be incomplete, the time schedules under this act
3090	are not tolled if the applicant makes the application complete
3091	within the 14-day period. A subsequent finding by the department
3092	that the application remains incomplete tolls the time schedules
3093	under this act until the application is determined complete;
3094	Agreeing with the statement of the department and agreeing to
3095	amend the application without withdrawing it. The time schedules
3096	referencing a complete application under this act shall not
3097	commence until the application is determined complete; or
3098	(c)  A statement contesting the department's determination
3099	of incompleteness; or statement of the department.
3100	(d)  A statement agreeing with the department and
3101	requesting additional time to provide the information necessary
3102	to make the application complete. If the applicant exercises
3103	this option, the time schedules under this act are tolled until
3104	the application is determined complete.
3105	(3)(a)(2)  If the applicant contests the determination by
3106	the department that an application is incomplete, the
3107	administrative law judge shall schedule a hearing on the
3108	statement of completeness. The hearing shall be held as
3109	expeditiously as possible, but not later than 21 30 days after
3110	the filing of the statement by the department. The
3111	administrative law judge shall render a decision within 7 10
3112	days after the hearing.
3113	(b)  Parties to a hearing on the issue of completeness
3114	shall include the applicant, the department, and any agency that
3115	has jurisdiction over the matter in dispute. Any substantially
3116	affected person who wishes to become a party to the hearing on
3117	the issue of completeness must file a motion no later than 10
3118	days before the date of the hearing.
3119	(c)(a)  If the administrative law judge determines that the
3120	application was not complete as filed, the applicant shall
3121	withdraw the application or make such additional submittals as
3122	necessary to complete it. The time schedules referencing a
3123	complete application under this act do shall not commence until
3124	the application is determined complete.
3125	(d)(b)  If the administrative law judge determines that the
3126	application was complete at the time it was declared incomplete
3127	filed, the time schedules referencing a complete application
3128	under this act shall commence upon such determination.
3129	(4)  If the applicant provides additional information to
3130	address the issues identified in the determination of
3131	incompleteness, each affected agency may submit to the
3132	department, no later than 14 days after the applicant files the
3133	additional information, a recommendation on whether the agency
3134	believes the application is complete. Within 21 days after
3135	receipt of the additional information from the applicant
3136	submitted under paragraphs (2)(b), (2)(d), or (3)(c) and
3137	considering the recommendations of the affected agencies, the
3138	department shall determine whether the additional information
3139	supplied by an applicant makes the application complete. If the
3140	department finds that the application is still incomplete, the
3141	applicant may exercise any of the options specified in
3142	subsection (2) as often as is necessary to resolve the dispute.
3143	Section 53.  Section 403.526, Florida Statutes, is amended
3144	to read:
3145	403.526  Preliminary statements of issues, reports, and
3146	project analyses; and studies.--
3147	(1)  Each affected agency that is required to file a report
3148	which received an application in accordance with this section s.
3149	403.5251(3) shall submit a preliminary statement of issues to
3150	the department and all parties the applicant no later than 50 60
3151	days after the filing distribution of the complete application.
3152	Such statements of issues shall be made available to each local
3153	government for use as information for public meetings held under
3154	pursuant to s. 403.5272. The failure to raise an issue in this
3155	preliminary statement of issues does shall not preclude the
3156	issue from being raised in the agency's report.
3157	(2)(a)  The following affected agencies shall prepare
3158	reports as provided below and shall submit them to the
3159	department and the applicant no later than within 90 days after
3160	the filing distribution of the complete application:
3161	1.  The department shall prepare a report as to the impact
3162	of each proposed transmission line or corridor as it relates to
3163	matters within its jurisdiction.
3164	2.  Each water management district in the jurisdiction of
3165	which a proposed transmission line or corridor is to be located
3166	shall prepare a report as to the impact on water resources and
3167	other matters within its jurisdiction.
3168	3.  The Department of Community Affairs shall prepare a
3169	report containing recommendations which address the impact upon
3170	the public of the proposed transmission line or corridor, based
3171	on the degree to which the proposed transmission line or
3172	corridor is consistent with the applicable portions of the state
3173	comprehensive plan, emergency management, and other matters
3174	within its jurisdiction. The Department of Community Affairs may
3175	also comment on the consistency of the proposed transmission
3176	line or corridor with applicable strategic regional policy plans
3177	or local comprehensive plans and land development regulations.
3178	4.  The Fish and Wildlife Conservation Commission shall
3179	prepare a report as to the impact of each proposed transmission
3180	line or corridor on fish and wildlife resources and other
3181	matters within its jurisdiction.
3182	5.  Each local government shall prepare a report as to the
3183	impact of each proposed transmission line or corridor on matters
3184	within its jurisdiction, including the consistency of the
3185	proposed transmission line or corridor with all applicable local
3186	ordinances, regulations, standards, or criteria that apply to
3187	the proposed transmission line or corridor, including local
3188	comprehensive plans, zoning regulations, land development
3189	regulations, and any applicable local environmental regulations
3190	adopted pursuant to s. 403.182 or by other means. A No change by
3191	the responsible local government or local agency in local
3192	comprehensive plans, zoning ordinances, or other regulations
3193	made after the date required for the filing of the local
3194	government's report required by this section is not shall be
3195	applicable to the certification of the proposed transmission
3196	line or corridor unless the certification is denied or the
3197	application is withdrawn.
3198	6.  Each regional planning council shall present a report
3199	containing recommendations that address the impact upon the
3200	public of the proposed transmission line or corridor based on
3201	the degree to which the transmission line or corridor is
3202	consistent with the applicable provisions of the strategic
3203	regional policy plan adopted under pursuant to chapter 186 and
3204	other impacts of each proposed transmission line or corridor on
3205	matters within its jurisdiction.
3206	7.  The Department of Transportation shall prepare a report
3207	as to the impact of the proposed transmission line or corridor
3208	on state roads, railroads, airports, aeronautics, seaports, and
3209	other matters within its jurisdiction.
3210	8.  The commission shall prepare a report containing its
3211	determination under s. 403.537 and the report may include the
3212	comments from the commission with respect to any other subject
3213	within its jurisdiction.
3214	9.  Any other agency, if requested by the department, shall
3215	also perform studies or prepare reports as to subjects within
3216	the jurisdiction of the agency which may potentially be affected
3217	by the proposed transmission line.
3218	(b)  Each report must shall contain:
3219	1.  A notice of any nonprocedural requirements not
3220	specifically listed in the application from which a variance,
3221	exemption, exception, or other relief is necessary in order for
3222	the proposed corridor to be certified. Failure to include the
3223	notice shall be treated as a waiver from the nonprocedural
3224	requirements of that agency.
3225	2.  A recommendation for approval or denial of the
3226	application.
3227	3.  The information on variances required by s. 403.531(2)
3228	and proposed conditions of certification on matters within the
3229	jurisdiction of each agency. For each condition proposed by an
3230	agency, the agency shall list the specific statute, rule, or
3231	ordinance, as applicable, which authorizes the proposed
3232	condition.
3233	(c)  Each reviewing agency shall initiate the activities
3234	required by this section no later than 15 days after the
3235	complete application is filed distributed. Each agency shall
3236	keep the applicant and the department informed as to the
3237	progress of its studies and any issues raised thereby.
3238	(d)  When an agency whose agency head is a collegial body,
3239	such as a commission, board, or council, is required to submit a
3240	report pursuant to this section and is required by its own
3241	internal procedures to have the report reviewed by its agency
3242	head prior to finalization, the agency may submit to the
3243	Department a draft version of the report by the deadline
3244	indicated in subsection (a), and shall submit a final version of
3245	the report after review by the agency head, and no later than 15
3246	days after the deadline indicated in subsection (a).
3247	(e)  Receipt of an affirmative determination of need from
3248	the commission by the submittal deadline for agency reports
3249	under paragraph (a) is a condition precedent to further
3250	processing of the application.
3251	(3)  The department shall prepare a project written
3252	analysis containing which contains a compilation of agency
3253	reports and summaries of the material contained therein which
3254	shall be filed with the administrative law judge and served on
3255	all parties no later than 115 135 days after the application is
3256	filed complete application has been distributed to the affected
3257	agencies, and which shall include:
3258	(a)  A statement indicating whether the proposed electric
3259	transmission line will be in compliance with the rules of the
3260	department and affected agencies.
3261	(b)(a)  The studies and reports required by this section
3262	and s. 403.537.
3263	(c)(b)  Comments received from any other agency or person.
3264	(d)(c)  The recommendation of the department as to the
3265	disposition of the application, of variances, exemptions,
3266	exceptions, or other relief identified by any party, and of any
3267	proposed conditions of certification which the department
3268	believes should be imposed.
3269	(4)  The failure of any agency to submit a preliminary
3270	statement of issues or a report, or to submit its preliminary
3271	statement of issues or report within the allowed time, is shall
3272	not be grounds for the alteration of any time limitation in this
3273	act under pursuant to s. 403.528. Neither The failure to submit
3274	a preliminary statement of issues or a report, or nor the
3275	inadequacy of the preliminary statement of issues or report, are
3276	not shall be grounds to deny or condition certification.
3277	Section 54.  Section 403.527, Florida Statutes, is amended
3278	to read:
3279	(Substantial rewording of section. See
3280	s. 403.527, F.S., for present text.)
3281	403.527  Certification hearing, parties, participants.--
3282	(1)(a)  No later than 145 days after the application is
3283	filed, the administrative law judge shall conduct a
3284	certification hearing pursuant to ss. 120.569 and 120.57 at a
3285	central location in proximity to the proposed transmission line
3286	or corridor.
3287	(b)  Notice of the certification hearing and other public
3288	hearings provided for in this section and notice of the deadline
3289	for filing of notice of intent to be a party shall be made in
3290	accordance with the requirements of s. 403.5363.
3291	(2)(a)  Parties to the proceeding shall be:
3292	1.  The applicant.
3293	2.  The department.
3294	3.  The commission.
3295	4.  The Department of Community Affairs.
3296	5.  The Fish and Wildlife Conservation Commission.
3297	6.  The Department of Transportation.
3298	7.  Each water management district in the jurisdiction of
3299	which the proposed transmission line or corridor is to be
3300	located.
3301	8.  The local government.
3302	9.  The regional planning council.
3303	(b)  Any party listed in paragraph (a), other than the
3304	department or the applicant, may waive its right to participate
3305	in these proceedings. If any listed party fails to file a notice
3306	of its intent to be a party on or before the 30th day before the
3307	certification hearing, the party is deemed to have waived its
3308	right to be a party unless its participation would not prejudice
3309	the rights of any party to the proceeding.
3310	(c)  Notwithstanding the provisions of chapter 120 to the
3311	contrary, upon the filing with the administrative law judge of a
3312	notice of intent to be a party by an agency, corporation, or
3313	association described in subparagraphs 1. and 2. or a petition
3314	for intervention by a person described in subparagraph 3. no
3315	later than 30 days before the date set for the certification
3316	hearing, the following shall also be parties to the proceeding:
3317	1.  Any agency not listed in paragraph (a) as to matters
3318	within its jurisdiction.
3319	2.  Any domestic nonprofit corporation or association
3320	formed, in whole or in part, to promote conservation of natural
3321	beauty; to protect the environment, personal health, or other
3322	biological values; to preserve historical sites; to promote
3323	consumer interests; to represent labor, commercial, or
3324	industrial groups; or to promote comprehensive planning or
3325	orderly development of the area in which the proposed
3326	transmission line or corridor is to be located.
3327	3.  Any person whose substantial interests are affected and
3328	being determined by the proceeding.
3329	(d)  Any agency whose properties or works may be affected
3330	shall be made a party upon the request of the agency or any
3331	party to this proceeding.
3332	(3)(a)  The order of presentation at the certification
3333	hearing, unless otherwise changed by the administrative law
3334	judge to ensure the orderly presentation of witnesses and
3335	evidence, shall be:
3336	1.  The applicant.
3337	2.  The department.
3338	3.  State agencies.
3339	4.  Regional agencies, including regional planning councils
3340	and water management districts.
3341	5.  Local governments.
3342	6.  Other parties.
3343	(b)  When appropriate, any person may be given an
3344	opportunity to present oral or written communications to the
3345	administrative law judge. If the administrative law judge
3346	proposes to consider such communications, all parties shall be
3347	given an opportunity to cross-examine, challenge, or rebut the
3348	communications.
3349	(4)  One public hearing where members of the public who are
3350	not parties to the certification hearing may testify shall be
3351	held within the boundaries of each county, at the option of any
3352	local government.
3353	(a)  A local government shall notify the administrative law
3354	judge and all parties not later than 21 days after the
3355	application has been determined complete as to whether the local
3356	government wishes to have a public hearing. If a filing for an
3357	alternate corridor is accepted for consideration under s.
3358	403.5271(1) by the department and the applicant, any newly
3359	affected local government must notify the administrative law
3360	judge and all parties not later than 10 days after the data
3361	concerning the alternate corridor has been determined complete
3362	as to whether the local government wishes to have such a public
3363	hearing. The local government is responsible for providing the
3364	location of the public hearing if held separately from the
3365	certification hearing.
3366	(b)  Within 5 days after notification, the administrative
3367	law judge shall determine the date of the public hearing, which
3368	shall be held before or during the certification hearing. If two
3369	or more local governments within one county request a public
3370	hearing, the hearing shall be consolidated so that only one
3371	public hearing is held in any county. The location of a
3372	consolidated hearing shall be determined by the administrative
3373	law judge.
3374	(c)  If a local government does not request a public
3375	hearing within 21 days after the application has been determined
3376	complete, persons residing within the jurisdiction of the local
3377	government may testify during that portion of the certification
3378	hearing at which public testimony is heard.
3379	(5)  At the conclusion of the certification hearing, the
3380	administrative law judge shall, after consideration of all
3381	evidence of record, issue a recommended order disposing of the
3382	application no later than 45 days after the transcript of the
3383	certification hearing and the public hearings is filed with the
3384	Division of Administrative Hearings.
3385	(6)(a)  No later than 25 days before the certification
3386	hearing, the department or the applicant may request that the
3387	administrative law judge cancel the certification hearing and
3388	relinquish jurisdiction to the department if all parties to the
3389	proceeding stipulate that there are no disputed issues of
3390	material fact to be raised at the certification hearing.
3391	(b)  The administrative law judge shall issue an order
3392	granting or denying the request within 5 days.
3393	(c)  If the administrative law judge grants the request,
3394	the department and the applicant shall publish notices of the
3395	cancellation of the certification hearing in accordance with s.
3396	403.5363.
3397	(d)1.  If the administrative law judge grants the request,
3398	the department shall prepare and issue a final order in
3399	accordance with s. 403.529(1)(a).
3400	2.  Parties may submit proposed final orders to the
3401	department no later than 10 days after the administrative law
3402	judge issues an order relinquishing jurisdiction.
3403	(7)  The applicant shall pay those expenses and costs
3404	associated with the conduct of the hearing and the recording and
3405	transcription of the proceedings.
3406	Section 55.  Section 403.5271, Florida Statutes, is amended
3407	to read:
3408	403.5271  Alternate corridors.--
3409	(1)  No later than 45 50 days before prior to the
3410	originally scheduled certification hearing, any party may
3411	propose alternate transmission line corridor routes for
3412	consideration under pursuant to the provisions of this act.
3413	(a)  A notice of a any such proposed alternate corridor
3414	must shall be filed with the administrative law judge, all
3415	parties, and any local governments in whose jurisdiction the
3416	alternate corridor is proposed. The Such filing must shall
3417	include the most recent United States Geological Survey 1:24,000
3418	quadrangle maps specifically delineating the corridor
3419	boundaries, a description of the proposed corridor, and a
3420	statement of the reasons the proposed alternate corridor should
3421	be certified.
3422	(b)1.  Within 7 days after receipt of the such notice, the
3423	applicant and the department shall file with the administrative
3424	law judge and all parties a notice of acceptance or rejection of
3425	a proposed alternate corridor for consideration. If the
3426	alternate corridor is rejected either by the applicant or the
3427	department, the certification hearing and the public hearings
3428	shall be held as scheduled. If both the applicant and the
3429	department accept a proposed alternate corridor for
3430	consideration, the certification hearing and the public hearings
3431	shall be rescheduled, if necessary.
3432	2.  If rescheduled, the certification hearing shall be held
3433	no more than 90 days after the previously scheduled
3434	certification hearing, unless the data submitted under paragraph
3435	(d) is determined to be incomplete, in which case the
3436	rescheduled certification hearing shall be held no more than 105
3437	days after the previously scheduled certification hearing. If
3438	additional time is needed due to the alternate corridor crossing
3439	a local government jurisdiction that was not previously
3440	affected, in which case the remainder of the schedule listed
3441	below shall be appropriately adjusted by the administrative law
3442	judge to allow that local government to prepare a report
3443	pursuant to s. 403.526(2)(a)5.
3444	(c)  Notice of the filing of the alternate corridor, of the
3445	revised time schedules, of the deadline for newly affected
3446	persons and agencies to file notice of intent to become a party,
3447	of the rescheduled hearing date, and of the proceedings pursuant
3448	to s. 403.527(1)(b) and (c) shall be published in accordance
3449	with s. 403.5363.
3450	(d)  Within 21 25 days after acceptance of an alternate
3451	corridor by the department and the applicant, the party
3452	proposing an alternate corridor shall have the burden of
3453	providing all additional data to the agencies listed in s.
3454	403.526(2) and newly affected agencies s. 403.526 necessary for
3455	the preparation of a supplementary report on the proposed
3456	alternate corridor.
3457	(e)1.  Reviewing agencies shall advise the department of
3458	any issues concerning completeness no later than 15 days after
3459	the submittal of the data required by paragraph (d). Within 22
3460	days after receipt of the data, the department shall issue a
3461	determination of completeness.
3462	2.  If the department determines that the data required by
3463	paragraph (d) is not complete, the party proposing the alternate
3464	corridor must file such additional data to correct the
3465	incompleteness. This additional data must be submitted within 14
3466	days after the determination by the department.
3467	3.  If the department, within 14 days after receiving the
3468	additional data, determines that the data remains incomplete,
3469	the incompleteness of the data is deemed a withdrawal of the
3470	proposed alternate corridor. The department may make its
3471	determination based on recommendations made by other affected
3472	agencies. If the department determines within 15 days that this
3473	additional data is insufficient, the party proposing the
3474	alternate corridor shall file such additional data that corrects
3475	the insufficiency within 15 days after the filing of the
3476	department's determination. If such additional data is
3477	determined insufficient, such insufficiency of data shall be
3478	deemed a withdrawal of the proposed alternate corridor. The
3479	party proposing an alternate corridor shall have the burden of
3480	proof on the certifiability of the alternate corridor at the
3481	certification hearing pursuant to s. 403.529(4). Nothing in this
3482	act shall be construed as requiring the applicant or agencies
3483	not proposing the alternate corridor to submit data in support
3484	of such alternate corridor.
3485	(f)  The agencies listed in s. 403.526(2) and any newly
3486	affected agencies s. 403.526 shall file supplementary reports
3487	with the applicant and the department which address addressing
3488	the proposed alternate corridors no later than 24 60 days after
3489	the additional data is submitted pursuant to paragraph (d) or
3490	paragraph (e) is determined to be complete.
3491	(g)  The agency reports on alternate corridors must include
3492	all information required by s. 403.526(2) agencies shall submit
3493	supplementary notice pursuant to s. 403.531(2) at the time of
3494	filing of their supplemental report.
3495	(h)  When an agency whose agency head is a collegial body,
3496	such as a commission, board, or council, is required to submit a
3497	report pursuant to this section and is required by its own
3498	internal procedures to have the report reviewed by its agency
3499	head prior to finalization, the agency may submit to the
3500	Department a draft version of the report by the deadline
3501	indicated in subsection (f), and shall submit a final version of
3502	the report after review by the agency head, and no later than 7
3503	days after the deadline indicated in subsection (f).
3504	(i)(h)  The department shall file with the administrative
3505	law judge, the applicant, and all parties a project prepare a
3506	written analysis consistent with s. 403.526(3) no more than 16
3507	at least 29 days after submittal of agency reports on prior to
3508	the rescheduled certification hearing addressing the proposed
3509	alternate corridor.
3510	(2)  If the original certification hearing date is
3511	rescheduled, the rescheduling shall not provide the opportunity
3512	for parties to file additional alternate corridors to the
3513	applicant's proposed corridor or any accepted alternate
3514	corridor. However, an amendment to the application which changes
3515	the alignment of the applicant's proposed corridor shall require
3516	rescheduling of the certification hearing, if necessary, so as
3517	to allow time for a party to file alternate corridors to the
3518	realigned proposed corridor for which the application has been
3519	amended. Any such alternate corridor proposal shall have the
3520	same starting and ending points as the realigned portion of the
3521	corridor proposed by the applicant's amendment, provided that
3522	the administrative law judge for good cause shown may authorize
3523	another starting or ending point in the area of the applicant's
3524	amended corridor.
3525	(3)(a)  Notwithstanding the rejection of a proposed
3526	alternate corridor by the applicant or the department, any party
3527	may present evidence at the certification hearing to show that a
3528	corridor proper for certification does not satisfy the criteria
3529	listed in s. 403.529 or that a rejected alternate corridor would
3530	meet the criteria set forth in s. 403.529. No Evidence may not
3531	shall be admitted at the certification hearing on any alternate
3532	corridor, unless the alternate corridor was proposed by the
3533	filing of a notice at least 45 50 days before prior to the
3534	originally scheduled certification hearing pursuant to this
3535	section. Rejected alternate corridors shall be considered by the
3536	board as provided in s. 403.529(4) and (5).
3537	(b)  The party proposing an alternate corridor has the
3538	burden to prove that the alternate corridor can be certified at
3539	the certification hearing. This act does not require an
3540	applicant or agency that is not proposing the alternate corridor
3541	to submit data in support of the alternate corridor.
3542	(4)  If an alternate corridor is accepted by the applicant
3543	and the department pursuant to a notice of acceptance as
3544	provided in this subsection and the such corridor is ultimately
3545	determined to be the corridor that would meet the criteria set
3546	forth in s. 403.529(4) and (5), the board shall certify that
3547	corridor.
3548	Section 56.  Section 403.5272, Florida Statutes, is amended
3549	to read:
3550	403.5272  Local governments; Informational public
3551	meetings.--
3552	(1)  A local government whose jurisdiction is to be crossed
3553	by a proposed corridor governments may hold one informational
3554	public meeting meetings in addition to the hearings specifically
3555	authorized by this act on any matter associated with the
3556	transmission line proceeding. The Such informational public
3557	meeting may be conducted by the local government or the regional
3558	planning council and shall meetings should be held no later than
3559	55 80 days after the application is filed. The purpose of an
3560	informational public meeting is for the local government or
3561	regional planning council to further inform the general public
3562	about the transmission line proposed, obtain comments from the
3563	public, and formulate its recommendation with respect to the
3564	proposed transmission line.
3565	(2)  Informational public meetings shall be held solely at
3566	the option of each local government or regional planning
3567	council. It is the legislative intent that local governments or
3568	regional planning councils attempt to hold such public meetings.
3569	Parties to the proceedings under this act shall be encouraged to
3570	attend; however, a no party other than the applicant and the
3571	department is not shall be required to attend the such
3572	informational public meetings hearings.
3573	(3)  A local government or regional planning council that
3574	intends to conduct an informational public meeting must provide
3575	notice of the meeting, with notice sent to all parties listed in
3576	s. 403.527(2)(a), not less than 5 days before the meeting.
3577	(4)(3)  The failure to hold an informational public meeting
3578	or the procedure used for the informational public meeting are
3579	shall not be grounds for the alteration of any time limitation
3580	in this act under pursuant to s. 403.528 or grounds to deny or
3581	condition certification.
3582	Section 57.  Section 403.5275, Florida Statutes, is amended
3583	to read:
3584	403.5275  Amendment to the application.--
3585	(1)  Any amendment made to the application before
3586	certification shall be sent by the applicant to the
3587	administrative law judge and to all parties to the proceeding.
3588	(2)  Any amendment to the application made before prior to
3589	certification shall be disposed of as part of the original
3590	certification proceeding. Amendment of the application may be
3591	considered "good cause" for alteration of time limits pursuant
3592	to s. 403.528.
3593	Section 58.  Section 403.528, Florida Statutes, is amended
3594	to read:
3595	403.528  Alteration of time limits.--
3596	(1)  Any time limitation in this act may be altered by the
3597	administrative law judge upon stipulation between the department
3598	and the applicant unless objected to by any party within 5 days
3599	after notice or for good cause shown by any party.
3600	(2)  A comprehensive application encompassing more than one
3601	proposed transmission line may be good cause for alternation of
3602	time limits.
3603	Section 59.  Section 403.529, Florida Statutes, is amended
3604	to read:
3605	403.529  Final disposition of application.--
3606	(1)(a)  If the administrative law judge has granted a
3607	request to cancel the certification hearing and has relinquished
3608	jurisdiction to the department under s. 403.527(6), within 40
3609	days thereafter, the secretary of the department shall act upon
3610	the application by written order in accordance with the terms of
3611	this act and state the reasons for issuance or denial.
3612	(b)  If the administrative law judge does not grant a
3613	request to cancel the certification hearing under the provisions
3614	of s. 403.527(6) within 60 30 days after receipt of the
3615	administrative law judge's recommended order, the board shall
3616	act upon the application by written order, approving in whole,
3617	approving with such conditions as the board deems appropriate,
3618	or denying the certification and stating the reasons for
3619	issuance or denial.
3620	(2)  The issues that may be raised in any hearing before
3621	the board shall be limited to matters raised in the
3622	certification proceeding before the administrative law judge or
3623	raised in the recommended order of the administrative law judge.
3624	All parties, or their representatives, or persons who appear
3625	before the board shall be subject to the provisions of s.
3626	120.66.
3627	(3)  If certification is denied, the board, or secretary if
3628	applicable, shall set forth in writing the action the applicant
3629	would have to take to secure the approval of the application by
3630	the board.
3631	(4)  In determining whether an application should be
3632	approved in whole, approved with modifications or conditions, or
3633	denied, the board, or secretary when applicable, shall consider
3634	whether, and the extent to which, the location of the
3635	transmission line corridor and the construction, operation, and
3636	maintenance of the transmission line will:
3637	(a)  Ensure electric power system reliability and
3638	integrity;
3639	(b)  Meet the electrical energy needs of the state in an
3640	orderly, economical, and timely fashion;
3641	(c)  Comply with applicable nonprocedural requirements of
3642	agencies;
3643	(d)  Be consistent with applicable provisions of local
3644	government comprehensive plans, if any; and
3645	(e)  Effect a reasonable balance between the need for the
3646	transmission line as a means of providing reliable, economically
3647	efficient electric energy, as determined by the commission,
3648	under s. 403.537, abundant low-cost electrical energy and the
3649	impact upon the public and the environment resulting from the
3650	location of the transmission line corridor and the construction,
3651	operation, and maintenance of the transmission lines.
3652	(5)(a)  Any transmission line corridor certified by the
3653	board, or secretary if applicable, shall meet the criteria of
3654	this section. When more than one transmission line corridor is
3655	proper for certification under pursuant to s. 403.522(10) and
3656	meets the criteria of this section, the board, or secretary if
3657	applicable, shall certify the transmission line corridor that
3658	has the least adverse impact regarding the criteria in
3659	subsection (4), including costs.
3660	(b)  If the board, or secretary if applicable, finds that
3661	an alternate corridor rejected pursuant to s. 403.5271 meets the
3662	criteria of subsection (4) and has the least adverse impact
3663	regarding the criteria in subsection (4), including cost, of all
3664	corridors that meet the criteria of subsection (4), then the
3665	board, or secretary if applicable, shall deny certification or
3666	shall allow the applicant to submit an amended application to
3667	include the such corridor.
3668	(c)  If the board, or secretary if applicable, finds that
3669	two or more of the corridors that comply with the provisions of
3670	subsection (4) have the least adverse impacts regarding the
3671	criteria in subsection (4), including costs, and that the such
3672	corridors are substantially equal in adverse impacts regarding
3673	the criteria in subsection (4), including costs, then the board,
3674	or secretary if applicable, shall certify the corridor preferred
3675	by the applicant if the corridor is one proper for certification
3676	under pursuant to s. 403.522(10).
3677	(6)  The issuance or denial of the certification is by the
3678	board shall be the final administrative action required as to
3679	that application.
3680	Section 60.  Section 403.531, Florida Statutes, is amended
3681	to read:
3682	403.531  Effect of certification.--
3683	(1)  Subject to the conditions set forth therein,
3684	certification shall constitute the sole license of the state and
3685	any agency as to the approval of the location of transmission
3686	line corridors and the construction, operation, and maintenance
3687	of transmission lines. The certification is shall be valid for
3688	the life of the transmission line, if provided that construction
3689	on, or condemnation or acquisition of, the right-of-way is
3690	commenced within 5 years after of the date of certification or
3691	such later date as may be authorized by the board.
3692	(2)(a)  The certification authorizes shall authorize the
3693	licensee applicant to locate the transmission line corridor and
3694	to construct and maintain the transmission lines subject only to
3695	the conditions of certification set forth in the such
3696	certification.
3697	(b)  The certification may include conditions that which
3698	constitute variances and exemptions from nonprocedural standards
3699	or rules regulations of the department or any other agency,
3700	which were expressly considered during the certification review
3701	proceeding unless waived by the agency as provided in s. 403.526
3702	below and which otherwise would be applicable to the location of
3703	the proposed transmission line corridor or the construction,
3704	operation, and maintenance of the transmission lines. Each party
3705	shall notify the applicant and other parties at the time
3706	scheduled for the filing of the agency reports of any
3707	nonprocedural requirements not specifically listed in the
3708	application from which a variance, exemption, exception, or
3709	other relief is necessary in order for the board to certify any
3710	corridor proposed for certification. Failure of such
3711	notification shall be treated as a waiver from the nonprocedural
3712	requirements of that agency.
3713	(3)(a)  The certification shall be in lieu of any license,
3714	permit, certificate, or similar document required by any state,
3715	regional, or local agency under pursuant to, but not limited to,
3716	chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
3717	chapter 253, chapter 258, chapter 298, chapter 370, chapter 372,
3718	chapter 373, chapter 376, chapter 380, chapter 381, chapter 387,
3719	chapter 403, chapter 404, the Florida Transportation Code, or 33
3720	U.S.C. s. 1341.
3721	(b)  On certification, any license, easement, or other
3722	interest in state lands, except those the title of which is
3723	vested in the Board of Trustees of the Internal Improvement
3724	Trust Fund, shall be issued by the appropriate agency as a
3725	ministerial act. The applicant shall be required to seek any
3726	necessary interest in state lands the title to which is vested
3727	in the Board of Trustees of the Internal Improvement Trust Fund
3728	from the board of trustees before, during, or after the
3729	certification proceeding, and certification may be made
3730	contingent upon issuance of the appropriate interest in realty.
3731	However, neither the applicant and nor any party to the
3732	certification proceeding may not directly or indirectly raise or
3733	relitigate any matter that which was or could have been an issue
3734	in the certification proceeding in any proceeding before the
3735	Board of Trustees of the Internal Improvement Trust Fund wherein
3736	the applicant is seeking a necessary interest in state lands,
3737	but the information presented in the certification proceeding
3738	shall be available for review by the board of trustees and its
3739	staff.
3740	(4)  This act does shall not in any way affect the
3741	ratemaking powers of the commission under chapter 366. This act
3742	does shall also not in any way affect the right of any local
3743	government to charge appropriate fees or require that
3744	construction be in compliance with the National Electrical
3745	Safety Code, as prescribed by the commission.
3746	(5)  A No term or condition of certification may not shall
3747	be interpreted to preclude the postcertification exercise by any
3748	party of whatever procedural rights it may have under chapter
3749	120, including those related to rulemaking proceedings.
3750	Section 61.  Section 403.5312, Florida Statutes, is amended
3751	to read:
3752	403.5312  Filing Recording of notice of certified corridor
3753	route.--
3754	(1)  Within 60 days after certification of a directly
3755	associated transmission line under pursuant to ss. 403.501-
3756	403.518 or a transmission line corridor under pursuant to ss.
3757	403.52-403.5365, the applicant shall file with the department
3758	and, in accordance with s. 28.222, with the clerk of the circuit
3759	court for each county through which the corridor will pass, a
3760	notice of the certified route.
3761	(2)  The notice must shall consist of maps or aerial
3762	photographs in the scale of 1:24,000 which clearly show the
3763	location of the certified route and must shall state that the
3764	certification of the corridor will result in the acquisition of
3765	rights-of-way within the corridor. Each clerk shall record the
3766	filing in the official record of the county for the duration of
3767	the certification or until such time as the applicant certifies
3768	to the department and the clerk that all lands required for the
3769	transmission line rights-of-way within the corridor have been
3770	acquired within the such county, whichever is sooner.
3771	(3)  The recording of this notice does shall not constitute
3772	a lien, cloud, or encumbrance on real property.
3773	Section 62.  Section 403.5315, Florida Statutes, is amended
3774	to read:
3775	403.5315  Modification of certification.--A certification
3776	may be modified after issuance in any one of the following ways:
3777	(1)  The board may delegate to the department the authority
3778	to modify specific conditions in the certification.
3779	(2)  The licensee may file a petition for modification with
3780	the department or the department may initiate the modification
3781	upon its own initiative.
3782	(a)  A petition for modification must set forth:
3783	1.  The proposed modification;
3784	2.  The factual reasons asserted for the modification; and
3785	3.  The anticipated additional environmental effects of the
3786	proposed modification.
3787	(b)(2)  The department may modify the terms and conditions
3788	of the certification if no party objects in writing to the such
3789	modification within 45 days after notice by mail to the last
3790	address of record in the certification proceeding, and if no
3791	other person whose substantial interests will be affected by the
3792	modification objects in writing within 30 days after issuance of
3793	public notice.
3794	(c)  If objections are raised or the department denies the
3795	proposed modification, the licensee may file a request for
3796	hearing on the modification with the department. Such a request
3797	shall be handled pursuant to chapter 120.
3798	(d)  A request for hearing referred to the Division of
3799	Administrative Hearings shall be disposed of in the same manner
3800	as an application but with time periods established by the
3801	administrative law judge commensurate with the significance of
3802	the modification requested. If objections are raised, the
3803	applicant may file a petition for modification pursuant to
3804	subsection (3).
3805	(3)  The applicant or the department may file a petition
3806	for modification with the department and the Division of
3807	Administrative Hearings setting forth:
3808	(a)  The proposed modification;
3809	(b)  The factual reasons asserted for the modification; and
3810	(c)  The anticipated additional environmental effects of
3811	the proposed modification.
3812	(4)  Petitions filed pursuant to subsection (3) shall be
3813	disposed of in the same manner as an application but with time
3814	periods established by the administrative law judge commensurate
3815	with the significance of the modification requested.
3816	Section 63.  Section 403.5317, Florida Statutes, is created
3817	to read:
3818	403.5317  Postcertification activities.--
3819	(1)(a)  If, subsequent to certification, a licensee
3820	proposes any material change to the application or prior
3821	amendments, the licensee shall submit to the department a
3822	written request for amendment and description of the proposed
3823	change to the application. The department shall, within 30 days
3824	after the receipt of the request for the amendment, determine
3825	whether the proposed change to the application requires a
3826	modification of the conditions of certification.
3827	(b)  If the department concludes that the change would not
3828	require a modification of the conditions of certification, the
3829	department shall notify, in writing, the licensee, all agencies,
3830	and all parties of the approval of the amendment.
3831	(c)  If the department concludes that the change would
3832	require a modification of the conditions of certification, the
3833	department shall notify the licensee that the proposed change to
3834	the application requires a request for modification under s.
3835	403.5315.
3836	(2)  Postcertification submittals filed by a licensee with
3837	one or more agencies are for the purpose of monitoring for
3838	compliance with the issued certification. Each submittal must be
3839	reviewed by each agency on an expedited and priority basis
3840	because each facility certified under this act is a critical
3841	infrastructure facility. Postcertification review may not be
3842	completed more than 90 days after complete information for a
3843	segment of the certified transmission line is submitted to the
3844	reviewing agencies.
3845	Section 64.  Section 403.5363, Florida Statutes, is created
3846	to read:
3847	403.5363  Public notices; requirements.--
3848	(1)(a)  The applicant shall arrange for the publication of
3849	the notices specified in paragraph (b).
3850	1.  The notices shall be published in newspapers of general
3851	circulation within counties crossed by the transmission line
3852	corridors proper for certification. The required newspaper
3853	notices for filing of an application and for the certification
3854	hearing shall be one-half page in size in a standard-size
3855	newspaper or a full page in a tabloid-size newspaper and
3856	published in a section of the newspaper other than the section
3857	for legal notices. These two notices must include a map
3858	generally depicting all transmission corridors proper for
3859	certification. A newspaper of general circulation shall be the
3860	newspaper within a county crossed by a transmission line
3861	corridor proper for certification which newspaper has the
3862	largest daily circulation in that county and has its principal
3863	office in that county. If the newspaper having the largest daily
3864	circulation has its principal office outside the county, the
3865	notices must appear in both the newspaper having the largest
3866	circulation in that county and in a newspaper authorized to
3867	publish legal notices in that county.
3868	2.  The department shall adopt rules specifying the content
3869	of the newspaper notices.
3870	3.  All notices published by the applicant shall be paid
3871	for by the applicant and shall be in addition to the application
3872	fee.
3873	(b)  Public notices that must be published under this
3874	section include:
3875	1.  The notice of the filing of an application, which must
3876	include a description of the proceedings required by this act.
3877	The notice must describe the provisions of s. 403.531(1) and (2)
3878	and give the date by which notice of intent to be a party or a
3879	petition to intervene in accordance with s. 403.527(2) must be
3880	filed. This notice must be published no more than 21 days after
3881	the application is filed.
3882	2.  The notice of the certification hearing and any other
3883	public hearing permitted under s. 403.527. The notice must
3884	include the date by which a person wishing to appear as a party
3885	must file the notice to do so. The notice of the certification
3886	hearing must be published at least 65 days before the date set
3887	for the certification hearing.
3888	3.  The notice of the cancellation of the certification
3889	hearing, if applicable. The notice must be published at least 3
3890	days before the date of the originally scheduled certification
3891	hearing.
3892	4.  The notice of the filing of a proposal to modify the
3893	certification submitted under s. 403.5315, if the department
3894	determines that the modification would require relocation or
3895	expansion of the transmission line right-of-way or a certified
3896	substation.
3897	(2)  The proponent of an alternate corridor shall arrange
3898	for the publication of the filing of the proposal for an
3899	alternate corridor, the revised time schedules, the date by
3900	which newly affected persons or agencies may file the notice of
3901	intent to become a party, and the date of the rescheduled
3902	hearing. A notice listed in this subsection must be published in
3903	a newspaper of general circulation within the county or counties
3904	crossed by the proposed alternate corridor and comply with the
3905	content requirements set forth in paragraph (1)(a). The notice
3906	must be published not less than 50 days before the rescheduled
3907	certification hearing.
3908	(3)  The department shall arrange for the publication of
3909	the following notices in the manner specified by chapter 120:
3910	(a)  The notice of the filing of an application and the
3911	date by which a person intending to become a party must file a
3912	petition to intervene or a notice of intent to be a party. The
3913	notice must be published no later than 21 days after the
3914	application has been filed.
3915	(b)  The notice of any administrative hearing for
3916	certification, if applicable. The notice must be published not
3917	less than 65 days before the date set for a hearing, except that
3918	notice for a rescheduled certification hearing after acceptance
3919	of an alternative corridor must be published not less than 50
3920	days before the date set for the hearing.
3921	(c)  The notice of the cancellation of a certification
3922	hearing, if applicable. The notice must be published not later
3923	than 7 days before the date of the originally scheduled
3924	certification hearing.
3925	(d)  The notice of the hearing before the siting board, if
3926	applicable.
3927	(e)  The notice of stipulations, proposed agency action, or
3928	a petition for modification.
3929	Section 65.  Section 403.5365, Florida Statutes, is amended
3930	to read:
3931	403.5365  Fees; disposition.--The department shall charge
3932	the applicant the following fees, as appropriate, which, unless
3933	otherwise specified, shall be paid into the Florida Permit Fee
3934	Trust Fund:
3935	(1)  An application fee.
3936	(a)  The application fee shall be of $100,000, plus $750
3937	per mile for each mile of corridor in which the transmission
3938	line right-of-way is proposed to be located within an existing
3939	electric electrical transmission line right-of-way or within any
3940	existing right-of-way for any road, highway, railroad, or other
3941	aboveground linear facility, or $1,000 per mile for each mile of
3942	electric transmission line corridor proposed to be located
3943	outside the such existing right-of-way.
3944	(b)(a)  Sixty percent of the fee shall go to the department
3945	to cover any costs associated with coordinating the review of
3946	reviewing and acting upon the application and any costs for
3947	field services associated with monitoring construction and
3948	operation of the electric transmission line facility.
3949	(c)(b)  The following percentage Twenty percent of the fees
3950	specified under this section, except postcertification fees,
3951	shall be transferred to the Administrative Trust Fund of the
3952	Division of Administrative Hearings of the Department of
3953	Management Services:.
3954	1.  Five percent to compensate for expenses from the
3955	initial exercise of duties associated with the filing of an
3956	application.
3957	2.  An additional 10 percent if an administrative hearing
3958	under s. 403.527 is held.
3959	(d)1.(c)  Upon written request with proper itemized
3960	accounting within 90 days after final agency action by the
3961	siting board or the department or the withdrawal of the
3962	application, the agencies that prepared reports under s. 403.526
3963	or s. 403.5271 or participated in a hearing under s. 403.527 or
3964	s. 403.5271 may submit a written request to the department for
3965	reimbursement of expenses incurred during the certification
3966	proceedings. The request must contain an accounting of expenses
3967	incurred, which may include time spent reviewing the
3968	application, department shall reimburse the expenses and costs
3969	of the Department of Community Affairs, the Fish and Wildlife
3970	Conservation Commission, the water management district, regional
3971	planning council, and local government in the jurisdiction of
3972	which the transmission line is to be located. Such reimbursement
3973	shall be authorized for the preparation of any studies required
3974	of the agencies by this act, and for agency travel and per diem
3975	to attend any hearing held under pursuant to this act, and for
3976	the local government or regional planning council providing
3977	additional notice of the informational public meeting. The
3978	department shall review the request and verify whether a claimed
3979	expense is valid. Valid expenses shall be reimbursed; however,
3980	if to participate in the proceedings. In the event the amount of
3981	funds available for reimbursement allocation is insufficient to
3982	provide for full compensation complete reimbursement to the
3983	agencies, reimbursement shall be on a prorated basis.
3984	2.  If the application review is held in abeyance for more
3985	than 1 year, the agencies may submit a request for reimbursement
3986	under subparagraph 1.
3987	(e)(d)  If any sums are remaining, the department shall
3988	retain them for its use in the same manner as is otherwise
3989	authorized by this section; provided, however, that if the
3990	certification application is withdrawn, the remaining sums shall
3991	be refunded to the applicant within 90 days after withdrawal.
3992	(2)  An amendment fee.
3993	(a)  If no corridor alignment change is proposed by the
3994	amendment, no amendment fee shall be charged.
3995	(b)  If a corridor alignment change under s. 403.5275 is
3996	proposed by the applicant, an additional fee of a minimum of
3997	$2,000 and $750 per mile shall be submitted to the department
3998	for use in accordance with this act.
3999	(c)  If an amendment is required to address issues,
4000	including alternate corridors under pursuant to s. 403.5271,
4001	raised by the department or other parties, no fee for the such
4002	amendment shall be charged.
4003	(3)  A certification modification fee.
4004	(a)  If no corridor alignment change is proposed by the
4005	licensee applicant, the modification fee shall be $4,000.
4006	(b)  If a corridor alignment change is proposed by the
4007	licensee applicant, the fee shall be $1,000 for each mile of
4008	realignment plus an amount not to exceed $10,000 to be fixed by
4009	rule on a sliding scale based on the load-carrying capability
4010	and configuration of the transmission line for use in accordance
4011	with subsection (1) (2).
4012	Section 66.  Subsection (1) of section 403.537, Florida
4013	Statutes, is amended to read:
4014	403.537  Determination of need for transmission line;
4015	powers and duties.--
4016	(1)(a)  Upon request by an applicant or upon its own
4017	motion, the Florida Public Service Commission shall schedule a
4018	public hearing, after notice, to determine the need for a
4019	transmission line regulated by the Florida Electric Transmission
4020	Line Siting Act, ss. 403.52-403.5365. The Such notice shall be
4021	published at least 21 45 days before the date set for the
4022	hearing and shall be published by the applicant in at least one-
4023	quarter page size notice in newspapers of general circulation,
4024	and by the commission in the manner specified in chapter 120 in
4025	the Florida Administrative Weekly, by giving notice to counties
4026	and regional planning councils in whose jurisdiction the
4027	transmission line could be placed, and by giving notice to any
4028	persons who have requested to be placed on the mailing list of
4029	the commission for this purpose. Within 21 days after receipt of
4030	a request for determination by an applicant, the commission
4031	shall set a date for the hearing. The hearing shall be held
4032	pursuant to s. 350.01 within 45 days after the filing of the
4033	request, and a decision shall be rendered within 60 days after
4034	such filing.
4035	(b)  The commission shall be the sole forum in which to
4036	determine the need for a transmission line. The need for a
4037	transmission line may not be raised or be the subject of review
4038	in another proceeding.
4039	(c)(b)  In the determination of need, the commission shall
4040	take into account the need for electric system reliability and
4041	integrity, the need for abundant, low-cost electrical energy to
4042	assure the economic well-being of the residents citizens of this
4043	state, the appropriate starting and ending point of the line,
4044	and other matters within its jurisdiction deemed relevant to the
4045	determination of need. The appropriate starting and ending
4046	points of the electric transmission line must be verified by the
4047	commission in its determination of need.
4048	(d)(c)  The determination by the commission of the need for
4049	the transmission line, as defined in s. 403.522(22) s.
4050	403.522(21), is binding on all parties to any certification
4051	proceeding under pursuant to the Florida Electric Transmission
4052	Line Siting Act and is a condition precedent to the conduct of
4053	the certification hearing prescribed therein. An order entered
4054	pursuant to this section constitutes final agency action.
4055	Section 67.  Subsection (3) of section 373.441, Florida
4056	Statutes, is amended to read:
4057	373.441  Role of counties, municipalities, and local
4058	pollution control programs in permit processing.--
4059	(3)  The department shall review environmental resource
4060	permit applications for electrical distribution and transmission
4061	lines and other facilities related to the production,
4062	transmission, and distribution of electricity which are not
4063	certified under ss. 403.52-403.5365, the Florida Electric
4064	Transmission Line Siting Act, regulated under this part.
4065	Section 68.  Subsection (30) of section 403.061, Florida
4066	Statutes, is amended to read:
4067	403.061  Department; powers and duties.--The department
4068	shall have the power and the duty to control and prohibit
4069	pollution of air and water in accordance with the law and rules
4070	adopted and promulgated by it and, for this purpose, to:
4071	(30)  Establish requirements by rule that reasonably
4072	protect the public health and welfare from electric and magnetic
4073	fields associated with existing 230 kV or greater electrical
4074	transmission lines, new 230 kV and greater electrical
4075	transmission lines for which an application for certification
4076	under the Florida Electric Transmission Line Siting Act, ss.
4077	403.52-403.5365, is not filed, new or existing electrical
4078	transmission or distribution lines with voltage less than 230
4079	kV, and substation facilities. Notwithstanding any other
4080	provision in this chapter or any other law of this state or
4081	political subdivision thereof, the department shall have
4082	exclusive jurisdiction in the regulation of electric and
4083	magnetic fields associated with all electrical transmission and
4084	distribution lines and substation facilities. However, nothing
4085	herein shall be construed as superseding or repealing the
4086	provisions of s. 403.523(1) and (10).
4087
4088	The department shall implement such programs in conjunction with
4089	its other powers and duties and shall place special emphasis on
4090	reducing and eliminating contamination that presents a threat to
4091	humans, animals or plants, or to the environment.
4092	Section 69.  Paragraph (a) of subsection (3) of section
4093	403.0876, Florida Statutes, is amended to read:
4094	403.0876  Permits; processing.--
4095	(3)(a)  The department shall establish a special unit for
4096	permit coordination and processing to provide expeditious
4097	processing of department permits which the district offices are
4098	unable to process expeditiously and to provide accelerated
4099	processing of certain permits or renewals for economic and
4100	operating stability. The ability of the department to process
4101	applications under pursuant to this subsection in a more timely
4102	manner than allowed by subsections (1) and (2) is dependent upon
4103	the timely exchange of information between the applicant and the
4104	department and the intervention of outside parties as allowed by
4105	law. An applicant may request the processing of its permit
4106	application by the special unit if the application is from an
4107	area of high unemployment or low per capita income, is from a
4108	business or industry that is the primary employer within an
4109	area's labor market, or is in an industry with respect to which
4110	the complexities involved in the review of the application
4111	require special skills uniquely available in the headquarters
4112	office. The department may require the applicant to waive the
4113	90-day time limitation for department issuance or denial of the
4114	permit once for a period not to exceed 90 days. The department
4115	may require a special fee to cover the direct cost of processing
4116	special applications in addition to normal permit fees and
4117	costs. The special fee may not exceed $10,000 per permit
4118	required. Applications for renewal permits, but not applications
4119	for initial permits, required for facilities pursuant to the
4120	Electrical Power Plant Siting Act or the Florida Electric
4121	Transmission Line Siting Act may be processed under this
4122	subsection. Personnel staffing the special unit shall have
4123	lengthy experience in permit processing.
4124	Section 70.  Paragraph (b) of subsection (3) of section
4125	403.809, Florida Statutes, is amended to read:
4126	403.809  Environmental districts; establishment; managers;
4127	functions.--
4128	(3)
4129	(b)  The processing of all applications for permits,
4130	licenses, certificates, and exemptions shall be accomplished at
4131	the district center or the branch office, except for those
4132	applications specifically assigned elsewhere in the department
4133	under s. 403.805 or to the water management districts under s.
4134	403.812 and those applications assigned by interagency agreement
4135	as provided in this act. However, the secretary, as head of the
4136	department, may not delegate to district or subdistrict
4137	managers, water management districts, or any unit of local
4138	government the authority to act on the following types of permit
4139	applications:
4140	1.  Permits issued under s. 403.0885, except such permit
4141	issuance may be delegated to district managers.
4142	2.  Construction of major air pollution sources.
4143	3.  Certifications under the Florida Electrical Power Plant
4144	Siting Act or the Florida Electric Transmission Line Siting Act
4145	and the associated permit issued under s. 403.0885, if
4146	applicable.
4147	4.  Permits issued under s. 403.0885 to steam electric
4148	generating facilities regulated pursuant to 40 C.F.R. part 423.
4149	5.  Permits issued under s. 378.901.
4150	Section 71.  Sections 403.5253 and 403.5369, Florida
4151	Statutes, are repealed.
4152	Section 72.  By November 1, 2006, the Department of
4153	Environmental Protection shall provide to the Governor, the
4154	President of the Senate, and the Speaker of the House of
4155	Representatives a report detailing the state's leadership by
4156	example in energy conservation and energy efficiency. The report
4157	must include a description of state programs designed to achieve
4158	energy conservation and energy efficiency at state-owned
4159	facilities, such as the guaranteed energy performance savings
4160	contracting pursuant to s. 489.145, Florida Statutes, and the
4161	inclusion of alternative fuel vehicles in state fleets. The
4162	report must describe the costs of implementation, details of the
4163	programs, and current and projected energy and cost savings.
4164	Section 73.  Section 403.885, Florida Statutes, is amended
4165	to read:
4166	403.885  Water Projects Stormwater management; wastewater
4167	management; and Water Restoration Grant Program.--
4168	(1)  The Department of Environmental Protection shall
4169	administer a grant program to use funds transferred pursuant to
4170	s. 212.20 to the Ecosystem Management and Restoration Trust Fund
4171	or other moneys as appropriated by the Legislature for water
4172	quality improvement, stormwater management, wastewater
4173	management, and water restoration and other water projects as
4174	specifically appropriated by the Legislature project grants.
4175	Eligible recipients of such grants include counties,
4176	municipalities, water management districts, and special
4177	districts that have legal responsibilities for water quality
4178	improvement, water management, stormwater management, wastewater
4179	management, lake and river water restoration projects, and.
4180	drinking water projects are not eligible for funding pursuant to
4181	this section.
4182	(2)  The grant program shall provide for the evaluation of
4183	annual grant proposals. The department shall evaluate such
4184	proposals to determine if they:
4185	(a)  Protect public health or and the environment.
4186	(b)  Implement plans developed pursuant to the Surface
4187	Water Improvement and Management Act created in part IV of
4188	chapter 373, other water restoration plans required by law,
4189	management plans prepared pursuant to s. 403.067, or other plans
4190	adopted by local government for water quality improvement and
4191	water restoration.
4192	(3)  In addition to meeting the criteria in subsection (2),
4193	annual grant proposals must also meet the following
4194	requirements:
4195	(a)  An application for a stormwater management project may
4196	be funded only if the application is approved by the water
4197	management district with jurisdiction in the project area.
4198	District approval must be based on a determination that the
4199	project provides a benefit to a priority water body.
4200	(b)  Except as provided in paragraph (c), an application
4201	for a wastewater management project may be funded only if:
4202	1.  The project has been funded previously through a line
4203	item in the General Appropriations Act; and
4204	2.  The project is under construction.
4205	(c)  An application for a wastewater management project
4206	that would qualify as a water pollution control project and
4207	activity in s. 403.1838 may be funded only if the project
4208	sponsor has submitted an application to the department for
4209	funding pursuant to that section.
4210	(4)  All project applicants must provide local matching
4211	funds as follows:
4212	(a)  An applicant for state funding of a stormwater
4213	management project shall provide local matching funds equal to
4214	at least 50 percent of the total cost of the project; and
4215	(b)  An applicant for state funding of a wastewater
4216	management project shall provide matching funds equal to at
4217	least 25 percent of the total cost of the project.
4218
4219	The requirement for matching funds may be waived if the
4220	applicant is a financially disadvantaged small local government
4221	as defined in subsection (5).
4222	(5)  Each fiscal year, at least 20 percent of the funds
4223	available pursuant to this section shall be used for projects to
4224	assist financially disadvantaged small local governments. For
4225	purposes of this section, the term "financially disadvantaged
4226	small local government" means a municipality having a population
4227	of 7,500 or less, a county having a population of 35,000 or
4228	less, according to the latest decennial census and a per capita
4229	annual income less than the state per capita annual income as
4230	determined by the United States Department of Commerce, or a
4231	county in an area designated by the Governor as a rural area of
4232	critical economic concern pursuant to s. 288.0656. Grants made
4233	to these eligible local governments shall not require matching
4234	local funds.
4235	(6)  Each year, stormwater management and wastewater
4236	management projects submitted for funding through the
4237	legislative process shall be submitted to the department by the
4238	appropriate fiscal committees of the House of Representatives
4239	and the Senate. The department shall review the projects and
4240	must provide each fiscal committee with a list of projects that
4241	appear to meet the eligibility requirements under this grant
4242	program.
4243	Section 74.  For the 2006-2007 fiscal year, the sum of
4244	$61,379 is appropriated from the General Revenue Fund to the
4245	Department of Revenue for the purpose of administering the
4246	energy-efficient products sales tax holiday.
4247	Section 75.  For the 2006-2007 fiscal year, the sum of
4248	$8,587,000 in nonrecurring funds is appropriated from the
4249	General Revenue Fund and $6,413,000 in nonrecurring funds is
4250	appropriated from the Grants and Donations Trust Fund in the
4251	Department of Environmental Protection for the purpose of
4252	funding the Renewable Energy Technologies Grants program
4253	authorized in s. 377.804, Florida Statutes. From the General
4254	Revenue Funds, $5,000,000 are contingent upon the coordination
4255	between the Department of Environmental Protection and the
4256	Department of Agriculture and Consumer Services pursuant to s.
4257	377.804(6), Florida Statutes.
4258	Section 76.  For the 2006-2007 fiscal year, the sum of $2.5
4259	million in nonrecurring funds is appropriated from the General
4260	Revenue Fund to the Department of Environmental Protection for
4261	the purpose of funding commercial and consumer solar incentives
4262	authorized in s. 377.806, Florida Statutes.
4263	Section 77.  Except as otherwise expressly provided in this
4264	act, this act shall take effect upon becoming a law.
4265
4266	======= T I T L E  A M E N D M E N T ==========
4267	Remove the entire title and insert:
4268	A bill to be entitled
4269	An act relating to energy; providing legislative findings
4270	and intent; creating s. 377.801, F.S.; creating the
4271	"Florida Renewable Energy Technologies and Energy
4272	Efficiency Act"; creating s. 377.802, F.S.; stating the
4273	purpose of the act; creating s. 377.803, F.S.; providing
4274	definitions; creating s. 377.804, F.S.; creating the
4275	Renewable Energy Technologies Grants Program; providing
4276	program requirements and procedures, including matching
4277	funds; requiring the Department of Environmental
4278	Protection to adopt rules and coordinate with the
4279	Department of Agriculture and Consumer Services; requiring
4280	joint departmental approval for the funding of any
4281	project; specifying a period during which the sale of
4282	energy-efficient products is exempt from certain tax;
4283	providing a limitation; providing a definition;
4284	prohibiting purchase of products by certain payment
4285	methods; providing that certain purchases or attempts to
4286	purchase are unfair methods of competition and punishable
4287	as such; authorizing the Department of Revenue to adopt
4288	rules; creating s. 377.806, F.S.; creating the Solar
4289	Energy System Incentives Program; providing program
4290	requirements, procedures, and limitations; requiring the
4291	Department of Environmental Protection to adopt rules;
4292	creating s. 377.901, F.S.; creating the Florida Energy
4293	Council within the Department of Environmental Protection;
4294	providing purpose and composition; providing for
4295	appointment of members and terms; providing for
4296	reimbursement for travel expenses and per diem; requiring
4297	the department to provide certain services to the council;
4298	providing rulemaking authority; amending s. 212.08, F.S.;
4299	providing definitions for the terms "biodiesel,"
4300	"ethanol," and "hydrogen fuel cells"; providing tax
4301	exemptions in the form of a rebate for the sale or use of
4302	certain equipment, machinery, and other materials for
4303	renewable energy technologies; providing eligibility
4304	requirements and tax credit limits; authorizing the
4305	Department of Revenue to adopt rules; directing the
4306	Department of Environmental Protection to determine and
4307	publish certain information relating to such exemptions;
4308	providing for expiration of the exemption; amending s.
4309	213.053, F.S.; authorizing the Department of Revenue to
4310	share certain information with the Department of
4311	Environmental Protection for specified purposes; amending
4312	s. 220.02, F.S.; providing the order of application of the
4313	renewable energy technologies investment tax credit;
4314	creating s. 220.192, F.S.; providing definitions;
4315	establishing a corporate tax credit for certain costs
4316	related to renewable energy technologies; providing
4317	eligibility requirements and credit limits; providing
4318	certain authority to the Department of Environmental
4319	Protection and the Department of Revenue; directing the
4320	Department of Environmental Protection to determine and
4321	publish certain information; providing for expiration of
4322	the tax credit; creating s. 220.193, F.S.; creating the
4323	Florida renewable energy production credit; providing
4324	definitions; providing a tax credit for the production and
4325	sale of renewable Florida energy; providing for the use
4326	and transfer of the tax credit; authorizing the Department
4327	of Revenue to adopt rules concerning the tax credit;
4328	amending s. 220.13, F.S.; providing an addition to the
4329	definition of "adjusted federal income"; amending s.
4330	186.801, F.S.; revising the provisions of electric utility
4331	10-year site plans to include the effect on fuel
4332	diversity; amending s. 366.04, F.S.; revising the safety
4333	standards for public utilities; amending s. 366.05, F.S.;
4334	authorizing the Public Service Commission to adopt certain
4335	construction standards and make certain determinations;
4336	directing the commission to conduct a study and provide a
4337	report by a certain date; creating s. 366.92, F.S.;
4338	relating to the Florida renewable energy policy; providing
4339	intent; providing definitions; directing the Florida
4340	Public Service Commission to adopt goals for increasing
4341	the use of Florida renewable energy resources; authorizing
4342	the commission to adopt rules; requiring the commission to
4343	conduct a study and review; providing criteria for such
4344	study and a review; requiring the commission to provide a
4345	review and recommendations to the Governor and Legislature
4346	by a certain date; amending s. 403.503, F.S.; revising and
4347	providing definitions applicable to the Florida Electrical
4348	Power Plant Siting Act; amending s. 403.504, F.S.;
4349	providing the Department of Environmental Protection with
4350	additional powers and duties relating to the Florida
4351	Electrical Power Plant Siting Act; amending s. 403.5055,
4352	F.S.; revising provisions for certain permits associated
4353	with applications for electrical power plant
4354	certification; amending s. 403.506, F.S.; revising
4355	provisions relating to applicability and certification of
4356	certain power plants; amending s. 403.5064, F.S.; revising
4357	provisions for distribution of applications and schedules
4358	relating to certification; amending s. 403.5065, F.S.;
4359	revising provisions relating to the appointment of
4360	administrative law judges and specifying their powers and
4361	duties; amending s. 403.5066, F.S.; revising provisions
4362	relating to the determination of completeness for certain
4363	applications; creating s. 403.50663, F.S.; authorizing
4364	certain local governments and regional planning councils
4365	to hold an informational public meeting about a proposed
4366	electrical power plant or associated facilities; providing
4367	requirements and procedures therefor; creating s.
4368	403.50665, F.S.; requiring local governments to file
4369	certain land use determinations; providing requirements
4370	and procedures therefor; repealing s. 403.5067, F.S.,
4371	relating to the determination of sufficiency for certain
4372	applications; amending s. 403.507, F.S.; revising required
4373	preliminary statement provisions for affected agencies;
4374	requiring a report as a condition precedent to the project
4375	analysis and certification hearing; amending s. 403.508,
4376	F.S.; revising provisions relating to land use and
4377	certification hearings, including cancellation and
4378	responsibility for payment of expenses and costs;
4379	requiring certain notice; amending s. 403.509, F.S.;
4380	revising provisions relating to the final disposition of
4381	certain applications; providing requirements and
4382	provisions with respect thereto; amending s. 403.511,
4383	F.S.; revising provisions relating to the effect of
4384	certification for the construction and operation of
4385	proposed electrical power plants; providing that issuance
4386	of certification meets certain coastal zone consistency
4387	requirements; creating s. 403.5112, F.S.; requiring filing
4388	of notice for certified corridor routes; providing
4389	requirements and procedures with respect thereto; creating
4390	s. 403.5113, F.S.; authorizing postcertification
4391	amendments for power plant site certification
4392	applications; providing requirements and procedures with
4393	respect thereto; amending s. 403.5115, F.S.; requiring
4394	certain public notice for activities relating to
4395	electrical power plant site application, certification,
4396	and land use determination; providing requirements and
4397	procedures with respect thereto; directing the Department
4398	of Environmental Protection to maintain certain lists and
4399	provide copies of certain publications; amending s.
4400	403.513, F.S.; revising provisions for judicial review of
4401	appeals relating to electrical power plant site
4402	certification; amending s. 403.516, F.S.; revising
4403	provisions relating to modification of certification for
4404	electrical power plant sites; amending s. 403.517, F.S.;
4405	revising provisions relating to supplemental applications
4406	for sites certified for ultimate site capacity; amending
4407	s. 403.5175, F.S.; revising provisions relating to
4408	existing electrical power plant site certification;
4409	revising the procedure for reviewing and processing
4410	applications; requiring additional information to be
4411	included in certain applications; amending s. 403.518,
4412	F.S.; revising the allocation of proceeds from certain
4413	fees collected; providing for reimbursement of certain
4414	expenses; directing the Department of Environmental
4415	Protection to establish rules for determination of certain
4416	fees; eliminating certain operational license fees;
4417	providing for the application, processing, approval, and
4418	cancellation of electrical power plant certification;
4419	amending s. 403.519, F.S.; directing the Public Service
4420	Commission to consider fuel diversity and reliability in
4421	certain determinations; providing requirements and
4422	procedures for determination of need for certain power
4423	plants; providing an exemption from purchased power supply
4424	bid rules under certain circumstances; creating s. 366.93,
4425	F.S.; providing definitions; requiring the Public Service
4426	Commission to implement rules related to nuclear power
4427	plant cost recovery; requiring a report; amending s.
4428	403.52, F.S.; changing the short title to the "Florida
4429	Electric Transmission Line Siting Act"; amending s.
4430	403.521, F.S.; revising legislative intent; amending s.
4431	403.522, F.S.; revising definitions; defining the terms
4432	"licensee" and "maintenance and access roads"; amending s.
4433	403.523, F.S.; revising powers and duties of the
4434	Department of Environmental Protection; requiring the
4435	department to collect and process fees, to prepare a
4436	project analysis, to act as clerk for the siting board,
4437	and to administer and manage the terms and conditions of
4438	the certification order and supporting documents and
4439	records; amending s. 403.524, F.S.; revising provisions
4440	for applicability, certification, and exemptions under the
4441	act; revising provisions for notice by an electric utility
4442	of its intent to construct an exempt transmission line;
4443	amending s. 403.525, F.S.; providing for powers and duties
4444	of the administrative law judge designated by the Division
4445	of Administrative Hearings to conduct the required
4446	hearings; amending s. 403.5251, F.S.; revising application
4447	procedures and schedules; providing for the formal date of
4448	filing an application for certification and commencement
4449	of the certification review process; requiring the
4450	department to prepare a proposed schedule of dates for
4451	determination of completeness and other significant dates
4452	to be followed during the certification process; providing
4453	for the formal date of application distribution; requiring
4454	the applicant to provide notice of filing the application;
4455	amending s. 403.5252, F.S.; revising timeframes and
4456	procedures for determination of completeness of the
4457	application; requiring the department to consult with
4458	affected agencies; revising requirements for the
4459	department to file a statement of its determination of
4460	completeness with the Division of Administrative Hearings,
4461	the applicant, and all parties within a certain time after
4462	distribution of the application; revising requirements for
4463	the applicant to file a statement with the department, the
4464	division, and all parties, if the department determines
4465	the application is not complete; providing for the
4466	statement to notify the department whether the information
4467	will be provided; revising timeframes and procedures for
4468	contests of the determination by the department; providing
4469	for parties to a hearing on the issue of completeness;
4470	amending s. 403.526, F.S.; revising criteria and
4471	procedures for preliminary statements of issues, reports,
4472	and studies; revising timeframes; requiring that the
4473	preliminary statement of issues from each affected agency
4474	be submitted to the department and the applicant; revising
4475	criteria for the Department of Community Affairs' report;
4476	requiring the Department of Transportation, the Public
4477	Service Commission, and any other affected agency to
4478	prepare a project report; revising required content of the
4479	report; providing for notice of any nonprocedural
4480	requirements not listed in the application; providing for
4481	failure to provide such notification; providing for a
4482	recommendation for approval or denial of the application;
4483	providing that receipt of an affirmative determination of
4484	need is a condition precedent to further processing of the
4485	application; requiring that the department prepare a
4486	project analysis to be filed with the administrative law
4487	judge and served on all parties within a certain time;
4488	amending s. 403.527, F.S.; revising procedures and
4489	timeframes for the certification hearing conducted by the
4490	administrative law judge; revising provisions for notices
4491	and publication of notices, public hearings held by local
4492	governments, testimony at the public-hearing portion of
4493	the certification hearing, the order of presentations at
4494	the hearing, and consideration of certain communications
4495	by the administrative law judge; requiring the applicant
4496	to pay certain expenses and costs; requiring the
4497	administrative law judge to issue a recommended order
4498	disposing of the application; requiring that certain
4499	notices be made in accordance with specified requirements
4500	and within a certain time; requiring the Department of
4501	Transportation to be a party to the proceedings; providing
4502	for the administrative law judge to cancel the
4503	certification hearing and relinquish jurisdiction to the
4504	Department of Environmental Protection upon request by the
4505	applicant or the department; requiring the department and
4506	the applicant to publish notice of such cancellation;
4507	providing for parties to submit proposed recommended
4508	orders to the department when the certification hearing
4509	has been canceled; providing that the department prepare a
4510	recommended order for final action by the siting board
4511	when the hearing has been canceled; amending s. 403.5271,
4512	F.S.; revising procedures and timeframes for consideration
4513	of proposed alternate corridors; revising notice
4514	requirements; providing for notice of the filing of the
4515	alternate corridor and revised time schedules; providing
4516	for notice to agencies newly affected by the proposed
4517	alternate corridor; requiring the person proposing the
4518	alternate corridor to provide all data to the agencies
4519	within a certain time; providing for a determination by
4520	the department that the data is not complete; providing
4521	for withdrawal of the proposed alternate corridor upon
4522	such determination; requiring that agencies file reports
4523	with the applicant and the department which address the
4524	proposed alternate corridor; requiring that the department
4525	file with the administrative law judge, the applicant, and
4526	all parties a project analysis of the proposed alternate
4527	corridor; providing that the party proposing an alternate
4528	corridor has the burden of proof concerning the
4529	certifiability of the alternate corridor; amending s.
4530	403.5272, F.S.; revising procedures for informational
4531	public meetings; providing for informational public
4532	meetings held by regional planning councils; revising
4533	timeframes; amending s. 403.5275, F.S.; revising
4534	provisions for amendment to the application prior to
4535	certification; amending s. 403.528, F.S.; providing that a
4536	comprehensive application encompassing more than one
4537	proposed transmission line may be good cause for altering
4538	established time limits; amending s. 403.529, F.S.;
4539	revising provisions for final disposition of the
4540	application by the siting board; providing for the
4541	administrative law judge's or department's recommended
4542	order; amending s. 403.531, F.S.; revising provisions for
4543	conditions of certification; amending s. 403.5312, F.S.;
4544	requiring the applicant to file notice of a certified
4545	corridor route with the department; amending s. 403.5315,
4546	F.S.; revising the circumstances under which a
4547	certification may be modified after the certification has
4548	been issued; providing for procedures if objections are
4549	raised to the proposed modification; creating s. 403.5317,
4550	F.S.; providing procedures for changes proposed by the
4551	licensee after certification; requiring the department to
4552	determine within a certain time if the proposed change
4553	requires modification of the conditions of certification;
4554	requiring notice to the licensee, all agencies, and all
4555	parties of changes that are approved as not requiring
4556	modification of the conditions of certification; creating
4557	s. 403.5363, F.S.; requiring publication of certain
4558	notices by the applicant, the proponent of an alternate
4559	corridor, and the department; requiring the department to
4560	adopt rules specifying the content of such notices;
4561	amending s. 403.5365, F.S.; revising application fees and
4562	the distribution of fees collected; revising procedures
4563	for reimbursement of local governments and regional
4564	planning organizations; amending s. 403.537, F.S.;
4565	revising the schedule for notice of a public hearing by
4566	the Public Service Commission in order to determine the
4567	need for a transmission line; providing that the
4568	commission is the sole forum in which to determine the
4569	need for a transmission line; amending ss. 373.441,
4570	403.061, 403.0876, and 403.809, F.S.; conforming
4571	terminology to changes made by the act; repealing ss.
4572	403.5253 and 403.5369, F.S., relating to determination of
4573	sufficiency of application or amendment to the application
4574	and the application of the act to applications filed
4575	before a certain date; requiring the Department of
4576	Environmental Protection to provide a report to the
4577	Governor and Legislature by a certain date; providing
4578	requirements for such report; amending 403.885, F.S.;
4579	revising provisions and requirements relating to the
4580	stormwater management, wastewater management, and water
4581	restoration grants program; providing for appropriations;
4582	providing effective dates.

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