HB 1473

1	A bill to be entitled
2	An act relating to energy; providing legislative findings
3	and intent; creating s. 377.801, F.S.; creating the
4	"Florida Renewable Energy Technologies and Energy
5	Efficiency Act"; creating s. 377.802, F.S.; stating the
6	purpose of the act; creating s. 377.803, F.S.; providing
7	definitions; creating s. 377.804, F.S.; creating the
8	Renewable Energy Technologies Grants Program; providing
9	program requirements and procedures, including matching
10	funds; creating s. 377.805, F.S.; creating the Energy
11	Efficient Appliance Rebate Program; providing program
12	requirements, procedures, and limitations; creating s.
13	377.806, F.S.; creating the Solar Energy System Rebate
14	Program; providing program requirements, procedures, and
15	limitations; creating s. 377.901, F.S.; creating the
16	Florida Energy Council within the Department of
17	Environmental Protection; providing purpose and
18	composition; providing for appointment of members and
19	their terms; providing for reimbursement for travel and
20	per diem; requiring the department to provide certain
21	services to the council; providing rulemaking authority;
22	amending s. 212.08, F.S.; providing definitions for the
23	terms "biodiesel" and "ethanol"; providing tax exemptions
24	for the sale or use of certain energy efficient products;
25	providing eligibility requirements and tax credit limits;
26	directing the department to adopt rules; directing the
27	department to determine and publish certain information
28	relating to such exemptions; amending s. 213.053, F.S.;
29	authorizing the Department of Revenue to share certain
30	information with the Department of Environmental
31	Protection for specified purposes; amending s. 220.02,
32	F.S.; providing the order of application of the renewable
33	energy technologies investment tax credit; creating s.
34	220.192, F.S.; establishing a corporate tax credit for
35	certain costs related to renewable energy technologies;
36	providing eligibility requirements and credit limits;
37	providing certain authority to the Department of
38	Environmental Protection and the Department of Revenue;
39	directing the Department of Environmental Protection to
40	determine and publish certain information; providing for
41	repeal of the tax credit; amending s. 220.13, F.S.;
42	providing an addition to the definition of "adjusted
43	federal income"; amending s. 186.801, F.S.; revising the
44	provisions of electric utility 10-year site plans to
45	include the effect on fuel diversity; amending s. 366.04,
46	F.S.; revising the safety standards for public utilities;
47	amending s. 366.05, F.S.; authorizing the Public Service
48	Commission to adopt certain construction standards and
49	make certain determinations; directing the commission to
50	conduct a study and provide a report by a certain date;
51	amending s. 403.503, F.S.; revising and providing
52	definitions applicable to the Florida Electrical Power
53	Plant Siting Act; amending s. 403.504, F.S.; providing the
54	Department of Environmental Protection with additional
55	powers and duties relating to the Florida Electrical Power
56	Plant Siting Act; amending s. 403.5055, F.S.; revising
57	provisions for certain permits associated with
58	applications for electrical power plant certification;
59	amending s. 403.506, F.S.; revising provisions relating to
60	applicability and certification of certain power plants;
61	amending s. 403.5064, F.S.; revising provisions for
62	distribution of applications and schedules relating to
63	certification; amending s. 403.5065, F.S.; revising
64	provisions relating to the appointment of administrative
65	law judges; amending s. 403.5066, F.S.; revising
66	provisions relating to the determination of completeness
67	for certain applications; creating s. 403.50663, F.S.;
68	authorizing certain local governments and regional
69	planning councils to hold an informational public meeting;
70	providing requirements and procedures therefor; creating
71	s. 403.50665, F.S.; requiring local governments to file
72	certain land use determinations; providing requirements
73	and procedures therefor; repealing s. 403.5067, F.S.;
74	relating to the determination of sufficiency for certain
75	applications; amending s. 403.507, F.S.; revising required
76	statement provisions for affected agencies; amending s.
77	403.508, F.S.; revising provisions related to land use and
78	certification proceedings; requiring certain notice;
79	amending s. 403.509, F.S.; revising provisions related to
80	the final disposition of certain applications; providing
81	requirements and provisions with respect thereto; amending
82	s. 403.511, F.S.; revising provisions related to the
83	effect of certification for the construction and operation
84	of proposed power plants; providing that issuance of
85	certification meets certain consistency requirements;
86	creating s. 403.5112, F.S.; requiring filing of notice for
87	certified corridor routes; providing requirements and
88	procedures with respect thereto; creating s. 403.5113,
89	F.S.; authorizing postcertification amendments for power
90	plant site certification applications; providing
91	requirements and procedures with respect thereto; amending
92	s. 403.5115, F.S.; requiring certain public notice for
93	activities related to power plant site application,
94	certification, and land use determination; providing
95	requirements and procedures with respect thereto;
96	directing the Department of Environmental Protection to
97	maintain certain lists and provide copies to of certain
98	publications; amending s. 403.513, F.S.; revising
99	provisions for judicial review of appeals related to power
100	plant site certification; amending s. 403.516, F.S.;
101	revising provisions relating to modification of
102	certification for power plant sites; amending s. 403.517,
103	F.S.; revising the provisions relating to supplemental
104	applications for certain power plant sites; amending s.
105	403.5175, F.S.; revising provisions relating to existing
106	power plant site certification; revising the procedure for
107	reviewing and processing applications; requiring
108	additional information to be included in certain
109	applications; amending s. 403.518, F.S.; revising the
110	allocation of proceeds from certain fees collected;
111	providing for reimbursement of certain expenses; directing
112	the Department of Environmental Protection to establish
113	rules for determination of certain fees; eliminating
114	certain operational license fees; amending s. 403.519,
115	F.S.; directing the Public Service Commission to consider
116	fuel diversity and reliability in certain determinations;
117	providing an effective date.
118
119	Be It Enacted by the Legislature of the State of Florida:
120
121	Section 1.  Legislative findings and intent.--The
122	Legislature finds that advancing the development of renewable
123	energy technologies and energy efficiency is important for the
124	state's future, its energy stability, and the protection of its
125	citizens' public health and its environment. The Legislature
126	finds that the development of renewable energy technologies and
127	energy efficiency in the state will help to reduce demand for
128	foreign fuels, promote energy diversity, enhance system
129	reliability, reduce pollution, educate the public on the promise
130	of renewable energy technologies, and promote economic growth.
131	The Legislature finds that there is a need to assist in the
132	development of market demand that will advance the
133	commercialization and widespread application of renewable energy
134	technologies. The Legislature further finds that the state is
135	ideally positioned to stimulate economic development through
136	such renewable energy technologies due to its ongoing and
137	successful research and development track record in these areas,
138	an abundance of natural and renewable energy sources, an ability
139	to attract significant federal research and development funds,
140	and the need to find and secure renewable energy technologies
141	for the benefit of its citizens, visitors, and environment.
142	Section 2.  Section 377.801, Florida Statutes, is created
143	to read:
144	377.801  Short title.--Sections 377.801-377.806 may be
145	cited as the "Florida Renewable Energy Technologies and Energy
146	Efficiency Act."
147	Section 3.  Section 377.802, Florida Statutes, is created
148	to read:
149	377.802  Purpose.--This act is intended to provide matching
150	grants to stimulate capital investment in the state and to
151	enhance the market for and promote the statewide utilization of
152	renewable energy technologies. The targeted grants program is
153	designed to advance the already growing establishment of
154	renewable energy technologies in the state and encourage the use
155	of other incentives such as tax exemptions and regulatory
156	certainty to attract additional renewable energy technology
157	producers, developers, and users to the state. This act is also
158	intended to provide rebates for energy efficient appliances and
159	for solar energy equipment installations for residential and
160	commercial buildings.
161	Section 4.  Section 377.803, Florida Statutes, is created
162	to read:
163	377.803  Definitions.--As used in this act, the term:
164	(1)  "Act" means the Florida Renewable Energy Technologies
165	and Energy Efficiency Act.
166	(2)  "Department" means the Department of Environmental
167	Protection.
168	(3)  "Energy Star qualified appliance" means a
169	refrigerator, residential model clothes washer including a
170	residential style coin operated clothes washer, or dishwasher
171	that has been designated by the United States Environmental
172	Protection Agency and the United States Department of Energy as
173	meeting or exceeding the energy saving efficiency requirements
174	under each agency's Energy Star program.
175	(4)  "Person" means an individual, partnership, joint
176	venture, private or public corporation, association, firm,
177	public service company, or any other public or private entity.
178	(5)  "Renewable energy" means renewable energy as defined
179	in s. 366.91.
180	(6)  "Renewable energy technology" means any technology
181	that generates or utilizes a renewable energy resource.
182	(7)  "Solar energy system" means equipment that provides
183	for the collection and use of incident solar energy for water
184	heating, space heating or cooling, or other applications that
185	require a conventional source of energy such as petroleum
186	products, natural gas, or electricity and equipment that
187	performs primarily with solar energy. In other systems in which
188	solar energy is used in a supplemental way, only those
189	components which collect and transfer solar energy shall be
190	included in this definition. The term "solar energy system" does
191	not include a swimming pool heater.
192	(8)  "Solar photovoltaic system" means a device that
193	converts incident sunlight into electrical current.
194	(9)  "Solar thermal system" means a device that traps heat
195	from incident sunlight in order to heat water.
196	Section 5.  Section 377.804, Florida Statutes, is created
197	to read:
198	377.804  Renewable Energy Technologies Grants Program.--
199	(1)  The Renewable Energy Technologies Grants Program is
200	established within the department to provide renewable energy
201	matching grants for demonstration, commercialization, research,
202	and development projects relating to renewable energy
203	technologies.
204	(2)  Matching grants for renewable energy technology
205	demonstration, commercialization, research, and development
206	projects may be made to any of the following:
207	(a)  Municipalities and county governments.
208	(b)  Established for-profit companies licensed to do
209	business in the state.
210	(c)  Universities and colleges.
211	(d)  Utilities located and operating within the state.
212	(e)  Not-for-profit organizations.
213	(f)  Other qualified persons, as determined by the
214	department.
215	(3)  The department may adopt rules pursuant to ss.
216	120.536(1) and 120.54 to administer the awarding of grants under
217	this program.
218	(4)  Factors the department shall consider in awarding
219	grants include, but are not limited to:
220	(a)  The degree to which the project stimulates in-state
221	capital investment and economic development in metropolitan and
222	rural areas, including the creation of jobs and the future
223	development of a commercial market for renewable energy
224	technologies.
225	(b)  The extent to which the proposed project has been
226	demonstrated to be technically feasible based on pilot project
227	demonstrations, laboratory testing, scientific modeling, or
228	engineering or chemical theory which supports the proposal.
229	(c)  The degree to which the project incorporates an
230	innovative new technology or an innovative application of an
231	existing technology.
232	(d)  The degree to which a project generates thermal,
233	mechanical, or electrical energy by means of a renewable energy
234	resource that has substantial long-term production potential.
235	(e)  The degree to which a project demonstrates efficient
236	use of energy and material resources.
237	(f)  The degree to which the project fosters overall
238	understanding and appreciation of renewable energy technologies.
239	(g)  The availability of matching funds from an applicant.
240	(h)  Other in-kind contributions applied to the total
241	project.
242	(i)  The ability to administer a complete project.
243	(j)  Project duration and timeline for expenditures.
244	(k)  The geographic area in which the project is to be
245	conducted in relation to other projects.
246	(l)  The degree of public visibility and interaction.
247	Section 6.  Section 377.805, Florida Statutes, is created
248	to read:
249	377.805  Energy Efficient Appliance Rebate Program.--
250	(1)  The Energy Efficient Appliances Rebate Program is
251	established within the department to provide for financial
252	incentives for the purchase of Energy Star qualified appliances
253	as specified in this section.
254	(2)  Any resident of the state who purchases a new Energy
255	Star qualified appliance from July 1, 2006, through June 30,
256	2010, from a retail store in the state is eligible for a rebate.
257	(3)  The department shall adopt rules pursuant to ss.
258	120.536(1) and 120.54 to designate rebate amounts and administer
259	the issuance of rebates. The department's rules may include
260	separate incentives for low-income families to purchase Energy
261	Star qualified appliances.
262	(4)  Application for a rebate must be made within 90 days
263	after the purchase of the Energy Star qualified appliance.
264	(5)  Rebates are limited to one per type of appliance per
265	year.
266	(6)  The total dollar amount of all rebates issued by the
267	department is subject to the total amount of appropriations in
268	any fiscal year for this program. If funds are insufficient
269	during the current fiscal year, any requests for rebates
270	received during that fiscal year may be processed during the
271	following fiscal year.
272	(7)  The department shall determine and publish on a
273	regular basis the amount of rebate funds remaining in each
274	fiscal year.
275	Section 7.  Section 377.806, Florida Statutes, is created
276	to read:
277	377.806  Solar Energy System Rebate Program.--
278	(1)  The Solar Energy System Rebate Program is established
279	within the department to provide for financial incentives for
280	the purchase of solar energy systems.
281	(2)  Any person who purchases a new solar energy system
282	from July 1, 2006, through June 30, 2010, of 2 kilowatts or
283	larger for a solar photovoltaic system, or a solar energy system
284	that provides at least 50 percent of a building's hot water
285	consumption for a solar thermal system and has the system
286	installed by a certified solar contractor, is eligible for a
287	rebate.
288	(3)  The department shall adopt rules pursuant to ss.
289	120.536(1) and 120.54 to designate rebate amounts and administer
290	the issuance of rebates.
291	(4)  Application for a rebate must be made within 90 days
292	after the purchase of the solar energy equipment.
293	(5)  Rebates are limited to two per person.
294	(6)  The total dollar amount of all rebates issued by the
295	department is subject to the total amount of appropriations in
296	any fiscal year for this program. If funds are insufficient
297	during the current fiscal year, any requests for rebates
298	received during that fiscal year may be processed during the
299	following fiscal year.
300	(7)  The department shall determine and publish on a
301	regular basis the amount of rebate funds remaining in each
302	fiscal year.
303	Section 8.  Section 377.901, Florida Statutes, is created
304	to read:
305	377.901  Florida Energy Council.--
306	(1)  The Florida Energy Council is created within the
307	Department of Environmental Protection to provide advice and
308	counsel to the Governor, the President of the Senate, and the
309	Speaker of the House of Representatives on the energy policy of
310	the state. The council should advise the state on current and
311	projected energy issues including, but not limited to,
312	generation, transmission, and fuel supply issues.
313	(2)(a)  The council shall be comprised of utility
314	providers, researchers, fuel suppliers, technology
315	manufacturers, environmental interests, and others.
316	(b)  The council shall consist of eight voting members as
317	follows:
318	1.  The Secretary of the Department of Environmental
319	Protection shall serve as chair of the council.
320	2.  The Chair of the Public Service Commission shall serve
321	as vice chair of the council.
322	3.  Two members shall be appointed by the Governor.
323	4.  Two members shall be appointed by the President of the
324	Senate.
325	5.  Two members shall be appointed by the Speaker of the
326	House of Representatives.
327	(c)  All initial members shall be appointed prior to
328	September 1, 2006. Appointments made by the Governor, the
329	President of the Senate, and the Speaker of the House of
330	Representatives shall be for terms of 2 years each. Members
331	shall serve until their successors are appointed. Vacancies
332	shall be filled in the manner of the original appointment for
333	the remainder of the term that is vacated.
334	(d)  Members shall serve without compensation, but shall be
335	entitled to travel reimbursement and per diem expenses related
336	to council duties and responsibilities pursuant to s. 112.061.
337	(3)  The Department of Environmental Protection shall
338	provide primary staff support to the council and shall ensure
339	that council meetings are electronically recorded. Such
340	recording shall be preserved pursuant to chapters 119 and 257.
341	(4)  The Department of Environmental Protection may adopt
342	rules pursuant to ss. 120.536 and 120.54 to implement the
343	provisions of this section.
344	Section 9.  Paragraph (ccc) is added to subsection (7) of
345	section 212.08, Florida Statutes, to read:
346	212.08  Sales, rental, use, consumption, distribution, and
347	storage tax; specified exemptions.--The sale at retail, the
348	rental, the use, the consumption, the distribution, and the
349	storage to be used or consumed in this state of the following
350	are hereby specifically exempt from the tax imposed by this
351	chapter.
352	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
353	entity by this chapter do not inure to any transaction that is
354	otherwise taxable under this chapter when payment is made by a
355	representative or employee of the entity by any means,
356	including, but not limited to, cash, check, or credit card, even
357	when that representative or employee is subsequently reimbursed
358	by the entity. In addition, exemptions provided to any entity by
359	this subsection do not inure to any transaction that is
360	otherwise taxable under this chapter unless the entity has
361	obtained a sales tax exemption certificate from the department
362	or the entity obtains or provides other documentation as
363	required by the department. Eligible purchases or leases made
364	with such a certificate must be in strict compliance with this
365	subsection and departmental rules, and any person who makes an
366	exempt purchase with a certificate that is not in strict
367	compliance with this subsection and the rules is liable for and
368	shall pay the tax. The department may adopt rules to administer
369	this subsection.
370	(ccc)  Equipment, machinery, and other materials for
371	renewable energy technologies.--
372	1.  Definitions.--As used in this paragraph, the term:
373	a.  "Biodiesel" means a fuel comprised of mono-alkyl esters
374	of long-chain fatty acids derived from vegetable oils or animal
375	fats meeting the requirements of American Society for Testing
376	and Materials (ASTM) standard D6751. Biodiesel may refer to a
377	blend of biodiesel fuel meeting the ASTM standard D6751 with
378	petroleum-based diesel fuel, designated BXX, where XX represents
379	the volume percentage of biodiesel fuel in the blend.
380	b.  "Ethanol" means a high octane, liquid fuel produced by
381	the fermentation of plant sugars meeting the requirements of
382	ASTM standard D5798-99. Ethanol refers to a blend of ethanol
383	fuel meeting ASTM standard D5798-99 with petroleum-based
384	gasoline fuel, designated EXX, where XX represents the volume
385	percentage of ethanol fuel in the blend.
386	c.  "Hydrogen fuel cells" means equipment using hydrogen or
387	a hydrogen rich fuel in an electrochemical process to generate
388	energy, electricity, or the transfer of heat.
389	2.  The sale or use of the following is exempt from the tax
390	imposed by this chapter:
391	a.  Hydrogen-powered vehicles, materials incorporated into
392	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
393	$2 million each fiscal year.
394	b.  Commercial stationary hydrogen fuel cells, up to $1
395	million each fiscal year.
396	c.  Materials used in the distribution of biodiesel (B10-
397	B100) and ethanol (E10-E85), including fueling infrastructure,
398	transportation, and storage, up to $1 million each fiscal year.
399	3.  The Department of Environmental Protection shall
400	provide to the department a list of items eligible for the
401	exemption.
402	4.a.  The exemption shall be available to a purchaser
403	through a refund of previously paid taxes.
404	b.  To be eligible to receive the exemption, a purchaser
405	shall file an application with the Department of Environmental
406	Protection. The application shall be developed by the Department
407	of Environmental Protection, in consultation with the
408	department, and shall require:
409	(I)  The name and address of the person claiming the
410	refund.
411	(II)  A specific description of the purchase for which a
412	refund is sought, including, when applicable, a serial number or
413	other permanent identification number.
414	(III)  The sales invoice or other proof of purchase showing
415	the amount of sales tax paid, the date of purchase, and the name
416	and address of the sales tax dealer from whom the property was
417	purchased.
418	(IV)  A sworn statement that the information provided is
419	accurate.
420	c.  Within 30 days after receipt of an application, the
421	Department of Environmental Protection shall review the
422	application and shall notify the applicant of any deficiencies.
423	Upon receipt of a completed application, the Department of
424	Environmental Protection shall evaluate the application for
425	exemption and issue a written certification that the applicant
426	is eligible for a refund or issue a written denial of such
427	certification within 60 days. The Department of Environmental
428	Protection shall provide the department with a copy of each
429	certification issued upon approval of an application.
430	d.  Each certified applicant shall be responsible for
431	forwarding a certified copy of the application and copies of all
432	required documentation to the department within 6 months after
433	certification by the Department of Environmental Protection.
434	e.  The provisions of s. 212.095 do not apply to any refund
435	application made pursuant to this paragraph. A refund approved
436	pursuant to this paragraph shall be made within 30 days after
437	formal approval by the department.
438	f.  The department shall adopt rules governing the manner
439	and form of refund applications and may establish guidelines as
440	to the requisites for an affirmative showing of qualification
441	for exemption under this paragraph.
442	g.  The Department of Environmental Protection shall be
443	responsible for ensuring that the exemptions do not exceed the
444	limits provided in subparagraph 2.
445	5.  The Department of Environmental Protection shall
446	determine and publish on a regular basis the amount of sales tax
447	funds remaining in each fiscal year.
448	6.  This exemption is repealed July 1, 2010.
449	Section 10.  Paragraph (y) is added to subsection (7) of
450	section 213.053, Florida Statutes, to read:
451	213.053  Confidentiality and information sharing.--
452	(7)  Notwithstanding any other provision of this section,
453	the department may provide:
454	(y)  Information relative to ss. 212.08(7)(ccc) and 220.192
455	to the Department of Environmental Protection for use in the
456	conduct of its official business.
457
458	Disclosure of information under this subsection shall be
459	pursuant to a written agreement between the executive director
460	and the agency. Such agencies, governmental or nongovernmental,
461	shall be bound by the same requirements of confidentiality as
462	the Department of Revenue. Breach of confidentiality is a
463	misdemeanor of the first degree, punishable as provided by s.
464	775.082 or s. 775.083.
465	Section 11.  Subsection (8) of section 220.02, Florida
466	Statutes, is amended to read:
467	220.02  Legislative intent.--
468	(8)  It is the intent of the Legislature that credits
469	against either the corporate income tax or the franchise tax be
470	applied in the following order: those enumerated in s. 631.828,
471	those enumerated in s. 220.191, those enumerated in s. 220.181,
472	those enumerated in s. 220.183, those enumerated in s. 220.182,
473	those enumerated in s. 220.1895, those enumerated in s. 221.02,
474	those enumerated in s. 220.184, those enumerated in s. 220.186,
475	those enumerated in s. 220.1845, those enumerated in s. 220.19,
476	those enumerated in s. 220.185, and those enumerated in s.
477	220.187, and those enumerated in s. 220.192.
478	Section 12.  Section 220.192, Florida Statutes, is created
479	to read:
480	220.192  Renewable energy technologies investment tax
481	credit.--
482	(1)  DEFINITIONS.--For purposes of this section, the term:
483	(a)  "Biodiesel" means biodiesel as defined in s.
484	212.08(7)(ccc).
485	(b)  "Eligible costs" means:
486	1.  Seventy-five percent of all capital costs, operational
487	and maintenance costs, and research and development costs
488	incurred between July 1, 2006, and June 30, 2010, up to $3
489	million per fiscal year, in connection with an investment in
490	hydrogen powered vehicles and hydrogen vehicle fueling stations
491	including, but not limited to, the costs of constructing,
492	installing, and equipping such technologies in the state.
493	2.  Seventy-five percent of all capital costs, operational
494	and maintenance costs, and research and development costs
495	incurred between July 1, 2006, and June 30, 2010, up to a limit
496	of $1.5 million in connection with an investment in commercial
497	stationary hydrogen fuel cells including, but not limited to,
498	the costs of constructing, installing, and equipping such
499	technologies in the state.
500	3.  Seventy-five  percent of all capital costs, operational
501	and maintenance costs, and research and development costs
502	incurred between July 1, 2006, and June 30, 2010, up to a limit
503	of $6.5 million per fiscal year, in connection with an
504	investment in the production and distribution of biodiesel (B10-
505	B100) and ethanol (E10-E85) including, the costs of
506	constructing, installing, and equipping such technologies in the
507	state.
508	(c)  "Ethanol" means ethanol as defined in s.
509	212.08(7)(ccc).
510	(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
511	defined in s. 212.08(7)(ccc).
512	(2)  TAX CREDIT.--For tax years beginning on or after
513	January 1, 2007, a credit against the tax imposed by this
514	chapter shall be granted in an amount equal to the eligible
515	costs. Credits may be used beginning January 1, 2007, through
516	December 31, 2013, after which the credit shall expire. If the
517	credit is not fully used in any one tax year because of
518	insufficient tax liability on the part of the corporation, the
519	unused amount may be carried forward through December 31, 2012,
520	after which the credit carryover expires and may not be used. A
521	taxpayer that files a consolidated return in this state as a
522	member of an affiliated group under s. 220.131(1) may be allowed
523	the credit on a consolidated return basis up to the amount of
524	tax imposed upon the consolidated group. Any eligible cost for
525	which a credit is claimed and which is deducted or otherwise
526	reduces federal taxable income shall be added back in computing
527	adjusted federal income under s. 220.13.
528	(3)  APPLICATION PROCESS.--Any corporation wishing to
529	obtain tax credits available under this section must submit to
530	the Department of Environmental Protection an application for
531	tax credit that includes a complete description of all eligible
532	costs for which the corporation is seeking a credit and a
533	description of the total amount of credits sought. The
534	Department of Environmental Protection shall make a
535	determination on the eligibility of the applicant for the
536	credits sought and certify the determination to the applicant
537	and the Department of Revenue. The corporation must attach the
538	Department of Environmental Protection's certification to the
539	tax return on which the credit is claimed. The Department of
540	Environmental Protection is authorized to adopt the necessary
541	rules, guidelines, and application materials for the application
542	process.
543	(4)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF
544	CREDITS.--
545	(a)  In addition to its existing audit and investigation
546	authority, the Department of Revenue may perform any additional
547	financial and technical audits and investigations, including
548	examining the accounts, books, and records of the tax credit
549	applicant, that are necessary to verify the eligible costs
550	included in the tax credit return and to ensure compliance with
551	this section. The Department of Environmental Protection shall
552	provide technical assistance when requested by the Department of
553	Revenue on any technical audits or examinations performed
554	pursuant to this section.
555	(b)  It is grounds for forfeiture of previously claimed and
556	received tax credits if the Department of Revenue determines, as
557	a result of either an audit or examination or from information
558	received from the Department of Environmental Protection, that a
559	taxpayer received tax credits pursuant to this section to which
560	the taxpayer was not entitled. The taxpayer is responsible for
561	returning forfeited tax credits to the Department of Revenue,
562	and such funds shall be paid into the General Revenue Fund of
563	the state.
564	(c)  The Department of Environmental Protection may revoke
565	or modify any written decision granting eligibility for tax
566	credits under this section if it is discovered that the tax
567	credit applicant submitted any false statement, representation,
568	or certification in any application, record, report, plan, or
569	other document filed in an attempt to receive tax credits under
570	this section. The Department of Environmental Protection shall
571	immediately notify the Department of Revenue of any revoked or
572	modified orders affecting previously granted tax credits.
573	Additionally, the taxpayer must notify the Department of Revenue
574	of any change in its tax credit claimed.
575	(d)  The taxpayer shall file with the Department of Revenue
576	an amended return or such other report as the Department of
577	Revenue prescribes by rule and shall pay any required tax and
578	interest within 60 days after the taxpayer receives notification
579	from the Department of Environmental Protection that previously
580	approved tax credits have been revoked or modified. If the
581	revocation or modification order is contested, the taxpayer
582	shall file as provided in this paragraph within 60 days after a
583	final order is issued following proceedings.
584	(e)  A notice of deficiency may be issued by the Department
585	of Revenue at any time within 3 years after the taxpayer
586	receives formal notification from the Department of
587	Environmental Protection that previously approved tax credits
588	have been revoked or modified. If a taxpayer fails to notify the
589	Department of Revenue of any changes to its tax credit claimed,
590	a notice of deficiency may be issued at any time.
591	(5)  RULES.--The Department of Revenue shall have the
592	authority to adopt rules relating to the forms required to claim
593	a tax credit under this section, the requirements and basis for
594	establishing an entitlement to a credit, and the examination and
595	audit procedures required to administer this section.
596	(6)  PUBLICATION.--The Department of Environmental
597	Protection shall determine and publish on a regular basis the
598	amount of available tax credits remaining in each fiscal year.
599	(7)  REPEAL.--The provisions of this section, except the
600	credit carryover provisions provided in subsection (2), are
601	repealed on July 1, 2010.
602	Section 13.  Paragraph (a) of subsection (1) of section
603	220.13, Florida Statutes, is amended to read:
604	220.13  "Adjusted federal income" defined.--
605	(1)  The term "adjusted federal income" means an amount
606	equal to the taxpayer's taxable income as defined in subsection
607	(2), or such taxable income of more than one taxpayer as
608	provided in s. 220.131, for the taxable year, adjusted as
609	follows:
610	(a)  Additions.--There shall be added to such taxable
611	income:
612	1.  The amount of any tax upon or measured by income,
613	excluding taxes based on gross receipts or revenues, paid or
614	accrued as a liability to the District of Columbia or any state
615	of the United States which is deductible from gross income in
616	the computation of taxable income for the taxable year.
617	2.  The amount of interest which is excluded from taxable
618	income under s. 103(a) of the Internal Revenue Code or any other
619	federal law, less the associated expenses disallowed in the
620	computation of taxable income under s. 265 of the Internal
621	Revenue Code or any other law, excluding 60 percent of any
622	amounts included in alternative minimum taxable income, as
623	defined in s. 55(b)(2) of the Internal Revenue Code, if the
624	taxpayer pays tax under s. 220.11(3).
625	3.  In the case of a regulated investment company or real
626	estate investment trust, an amount equal to the excess of the
627	net long-term capital gain for the taxable year over the amount
628	of the capital gain dividends attributable to the taxable year.
629	4.  That portion of the wages or salaries paid or incurred
630	for the taxable year which is equal to the amount of the credit
631	allowable for the taxable year under s. 220.181. The provisions
632	of this subparagraph shall expire and be void on June 30, 2005.
633	5.  That portion of the ad valorem school taxes paid or
634	incurred for the taxable year which is equal to the amount of
635	the credit allowable for the taxable year under s. 220.182. The
636	provisions of this subparagraph shall expire and be void on June
637	30, 2005.
638	6.  The amount of emergency excise tax paid or accrued as a
639	liability to this state under chapter 221 which tax is
640	deductible from gross income in the computation of taxable
641	income for the taxable year.
642	7.  That portion of assessments to fund a guaranty
643	association incurred for the taxable year which is equal to the
644	amount of the credit allowable for the taxable year.
645	8.  In the case of a nonprofit corporation which holds a
646	pari-mutuel permit and which is exempt from federal income tax
647	as a farmers' cooperative, an amount equal to the excess of the
648	gross income attributable to the pari-mutuel operations over the
649	attributable expenses for the taxable year.
650	9.  The amount taken as a credit for the taxable year under
651	s. 220.1895.
652	10.  Up to nine percent of the eligible basis of any
653	designated project which is equal to the credit allowable for
654	the taxable year under s. 220.185.
655	11.  The amount taken as a credit for the taxable year
656	under s. 220.187.
657	12.  The amount taken as a credit for the taxable year
658	under s. 220.192.
659	Section 14.  Subsection (2) of section 186.801, Florida
660	Statutes, is amended to read:
661	186.801  Ten-year site plans.--
662	(2)  Within 9 months after the receipt of the proposed
663	plan, the commission shall make a preliminary study of such plan
664	and classify it as "suitable" or "unsuitable." The commission
665	may suggest alternatives to the plan. All findings of the
666	commission shall be made available to the Department of
667	Environmental Protection for its consideration at any subsequent
668	electrical power plant site certification proceedings. It is
669	recognized that 10-year site plans submitted by an electric
670	utility are tentative information for planning purposes only and
671	may be amended at any time at the discretion of the utility upon
672	written notification to the commission. A complete application
673	for certification of an electrical power plant site under
674	chapter 403, when such site is not designated in the current 10-
675	year site plan of the applicant, shall constitute an amendment
676	to the 10-year site plan. In its preliminary study of each 10-
677	year site plan, the commission shall consider such plan as a
678	planning document and shall review:
679	(a)  The need, including the need as determined by the
680	commission, for electrical power in the area to be served.
681	(b)  The effect on fuel diversity within the state.
682	(c)(b)  The anticipated environmental impact of each
683	proposed electrical power plant site.
684	(d)(c)  Possible alternatives to the proposed plan.
685	(e)(d)  The views of appropriate local, state, and federal
686	agencies, including the views of the appropriate water
687	management district as to the availability of water and its
688	recommendation as to the use by the proposed plant of salt water
689	or fresh water for cooling purposes.
690	(f)(e)  The extent to which the plan is consistent with the
691	state comprehensive plan.
692	(g)(f)  The plan with respect to the information of the
693	state on energy availability and consumption.
694	Section 15.  Subsection (6) of section 366.04, Florida
695	Statutes, is amended to read:
696	366.04  Jurisdiction of commission.--
697	(6)  The commission shall further have exclusive
698	jurisdiction to prescribe and enforce safety standards for
699	transmission and distribution facilities of all public electric
700	utilities, cooperatives organized under the Rural Electric
701	Cooperative Law, and electric utilities owned and operated by
702	municipalities. In adopting safety standards, the commission
703	shall, at a minimum:
704	(a)  Adopt the 1984 edition of the National Electrical
705	Safety Code (ANSI C2) as initial standards; and
706	(b)  Adopt, after review, any new edition of the National
707	Electrical Safety Code (ANSI C2).
708
709	The standards prescribed by the current 1984 edition of the
710	National Electrical Safety Code (ANSI C2) shall constitute
711	acceptable and adequate requirements for the protection of the
712	safety of the public, and compliance with the minimum
713	requirements of that code shall constitute good engineering
714	practice by the utilities. The administrative authority referred
715	to in the 1984 edition of the National Electrical Safety Code is
716	the commission. However, nothing herein shall be construed as
717	superseding, repealing, or amending the provisions of s.
718	403.523(1) and (10).
719	Section 16.  Subsections (1) and (8) of section 366.05,
720	Florida Statutes, are amended to read:
721	366.05  Powers.--
722	(1)  In the exercise of such jurisdiction, the commission
723	shall have power to prescribe fair and reasonable rates and
724	charges, classifications, standards of quality and measurements,
725	including the ability to adopt construction standards that
726	exceed the National Electrical Safety Code, for purposes of
727	ensuring the reliable provision of service and service rules and
728	regulations to be observed by each public utility; to require
729	repairs, improvements, additions, replacements, and extensions
730	to the plant and equipment of any public utility when reasonably
731	necessary to promote the convenience and welfare of the public
732	and secure adequate service or facilities for those reasonably
733	entitled thereto; to employ and fix the compensation for such
734	examiners and technical, legal, and clerical employees as it
735	deems necessary to carry out the provisions of this chapter; and
736	to adopt rules pursuant to ss. 120.536(1) and 120.54 to
737	implement and enforce the provisions of this chapter.
738	(8)  If the commission determines that there is probable
739	cause to believe that inadequacies exist with respect to the
740	energy grids developed by the electric utility industry,
741	including inadequacies in fuel diversity or fuel supply
742	reliability, it shall have the power, after proceedings as
743	provided by law, and after a finding that mutual benefits will
744	accrue to the electric utilities involved, to require
745	installation or repair of necessary facilities, including
746	generating plants and transmission facilities, with the costs to
747	be distributed in proportion to the benefits received, and to
748	take all necessary steps to ensure compliance. The electric
749	utilities involved in any action taken or orders issued pursuant
750	to this subsection shall have full power and authority,
751	notwithstanding any general or special laws to the contrary, to
752	jointly plan, finance, build, operate, or lease generating, and
753	transmission, and distribution facilities and shall be further
754	authorized to exercise the powers granted to corporations in
755	chapter 361. This subsection shall not supersede or control any
756	provision of the Florida Electrical Power Plant Siting Act, ss.
757	403.501-403.518.
758	Section 17.  The Florida Public Service Commission shall
759	conduct a study of the electric transmission grid in the state.
760	The study shall look at electric system reliability to examine
761	the efficiency and reliability of power transfer and emergency
762	contingency conditions. In addition, the study shall examine
763	subterranean placement of distribution lines and the hardening
764	of infrastructure to address issues arising from the 2004 and
765	2005 hurricane seasons. A report of the results of the study
766	shall be provided to the Governor, the President of the Senate,
767	and the Speaker of the House of Representatives by January 30,
768	2007.
769	Section 18.  Subsections (5), (8), (9), (12), and (27) of
770	section 403.503, Florida Statutes, are amended, subsections (16)
771	through (28) are renumbered as (17) through (29), respectively,
772	and new subsection (16) is added to that section, to read:
773	403.503  Definitions relating to Florida Electrical Power
774	Plant Siting Act.--As used in this act:
775	(5)  "Application" means the documents required by the
776	department to be filed to initiate a certification review and
777	evaluation, including the initial document filing, amendments,
778	and responses to requests from the department for additional
779	data and information proceeding and shall include the documents
780	necessary for the department to render a decision on any permit
781	required pursuant to any federally delegated or approved permit
782	program.
783	(8)  "Completeness" means that the application has
784	addressed all applicable sections of the prescribed application
785	format, and but does not mean that those sections are sufficient
786	in comprehensiveness of data or in quality of information
787	provided to allow the department to determine whether the
788	application provides the reviewing agencies adequate information
789	to prepare the reports required by s. 403.507.
790	(9)  "Corridor" means the proposed area within which an
791	associated linear facility right-of-way is to be located. The
792	width of the corridor proposed for certification as an
793	associated facility, at the option of the licensee applicant,
794	may be the width of the right-of-way or a wider boundary, not to
795	exceed a width of 1 mile. The area within the corridor in which
796	a right-of-way may be located may be further restricted by a
797	condition of certification. After all property interests
798	required for the right-of-way have been acquired by the licensee
799	applicant, the boundaries of the area certified shall narrow to
800	only that land within the boundaries of the right-of-way.
801	(12)  "Electrical power plant" means, for the purpose of
802	certification, any steam or solar electrical generating facility
803	using any process or fuel, including nuclear materials, except
804	that this term does not include any steam or solar electric
805	generating facility of less than 75 megawatts in capacity unless
806	the applicant for such a facility elects to apply for
807	certification under this act. This term and includes associated
808	facilities which directly support the construction and operation
809	of the electrical power plant such as fuel unloading facilities,
810	pipelines necessary for transporting fuel for the operation of
811	the facility or other fuel transportation facilities, water or
812	wastewater transport pipelines, construction, maintenance and
813	access roads, railway lines necessary for transport of
814	construction equipment or fuel for the operation of the
815	facility, and those associated transmission lines which connect
816	the electrical power plant to an existing transmission network
817	or rights-of-way to which the licensee applicant intends to
818	connect, except that this term does not include any steam or
819	solar electrical generating facility of less than 75 megawatts
820	in capacity unless the applicant for such a facility elects to
821	apply for certification under this act. An associated
822	transmission line may include, at the licensee's applicant's
823	option, any proposed terminal or intermediate substations or
824	substation expansions connected to the associated transmission
825	line.
826	(16)  "Licensee" means an applicant that has obtained a
827	certification order for the subject project.
828	(28)(27)  "Ultimate site capacity" means the maximum
829	generating capacity for a site as certified by the board.
830	"Sufficiency" means that the application is not only complete
831	but that all sections are sufficient in the comprehensiveness of
832	data or in the quality of information provided to allow the
833	department to determine whether the application provides the
834	reviewing agencies adequate information to prepare the reports
835	required by s. 403.507.
836	Section 19.  Subsections (1), (7), (9), and (10) of section
837	403.504, Florida Statutes, are amended, and new subsections (9),
838	(10), (11), and (12) are added to that section, to read:
839	403.504  Department of Environmental Protection; powers and
840	duties enumerated.--The department shall have the following
841	powers and duties in relation to this act:
842	(1)  To adopt rules pursuant to ss. 120.536(1) and 120.54
843	to implement the provisions of this act, including rules setting
844	forth environmental precautions to be followed in relation to
845	the location, construction, and operation of electrical power
846	plants.
847	(7)  To conduct studies and prepare a project written
848	analysis under s. 403.507.
849	(9)  To issue final orders after receipt of the
850	administrative law judge's order relinquishing jurisdiction
851	pursuant to s. 403.508(6).
852	(10)  To act as clerk for the siting board.
853	(11)  To administer and manage the terms and conditions of
854	the certification order and supporting documents and records for
855	the life of the facility.
856	(12)  To issue emergency orders on behalf of the board for
857	facilities licensed under this act.
858	(9)  To notify all affected agencies of the filing of a
859	notice of intent within 15 days after receipt of the notice.
860	(10)  To issue, with the electrical power plant
861	certification, any license required pursuant to any federally
862	delegated or approved permit program.
863	Section 20.  Section 403.5055, Florida Statutes, is amended
864	to read:
865	403.5055  Application for permits pursuant to s.
866	403.0885.--In processing applications for permits pursuant to s.
867	403.0885 that are associated with applications for electrical
868	power plant certification:
869	(1)  The procedural requirements set forth in 40 C.F.R. s.
870	123.25, including public notice, public comments, and public
871	hearings, shall be closely coordinated with the certification
872	process established under this part. In the event of a conflict
873	between the certification process and federally required
874	procedures for NPDES permit issuance, the applicable federal
875	requirements shall control.
876	(2)  The department's proposed action pursuant to 40 C.F.R.
877	s. 124.6, including any draft NPDES permit (containing the
878	information required under 40 C.F.R. s. 124.6(d)), shall within
879	130 days after the submittal of a complete application be
880	publicly noticed and transmitted to the United States
881	Environmental Protection Agency for its review pursuant to 33
882	U.S.C. s. 1342(d).
883	(3)  The department shall include in its written analysis
884	pursuant to s. 403.507(3) copies of the department's proposed
885	action pursuant to 40 C.F.R. s. 124.6 on any application for a
886	NPDES permit; any corresponding comments received from the
887	United States Environmental Protection Agency, the applicant, or
888	the general public; and the department's response to those
889	comments.
890	(2)(4)  The department shall not issue or deny the permit
891	pursuant to s. 403.0885 in advance of the issuance of the
892	electric power plant certification under this part unless
893	required to do so by the provisions of federal law. When
894	possible, any hearing on a permit issued pursuant to s.
895	403.0885, shall be conducted in conjunction with the
896	certification hearing held pursuant to this act. The
897	department's actions on an NPDES permit shall be based on the
898	record and recommended order of the certification hearing, if
899	the hearing on the NPDES was conducted in conjunction with the
900	certification hearing, and of any other proceeding held in
901	connection with the application for an NPDES permit, timely
902	public comments received with respect to the application, and
903	the provisions of federal law. The department's action on an
904	NPDES permit, if issued, shall differ from the actions taken by
905	the siting board regarding the certification order if federal
906	laws and regulations require different action to be taken to
907	ensure compliance with the Clean Water Act, as amended, and
908	implementing regulations. Nothing in this part shall be
909	construed to displace the department's authority as the final
910	permitting entity under the federally approved state NPDES
911	program. Nothing in this part shall be construed to authorize
912	the issuance of a state NPDES permit which does not conform to
913	the requirements of the federally approved state NPDES program.
914	The permit, if issued, shall be valid for no more than 5 years.
915	(5)  The department's action on an NPDES permit renewal, if
916	issued, shall differ from the actions taken by the siting board
917	regarding the certification order if federal laws and
918	regulations require different action to be taken to ensure
919	compliance with the Clean Water Act, as amended, and
920	implementing regulations.
921	Section 21.  Section 403.506, Florida Statutes, is amended
922	to read:
923	403.506  Applicability and certification.--
924	(1)  The provisions of this act shall apply to any
925	electrical power plant as defined herein, except that the
926	provisions of this act shall not apply to any electrical power
927	plant or steam generating plant of less than 75 megawatts in
928	capacity or to any substation to be constructed as part of an
929	associated transmission line unless the applicant has elected to
930	apply for certification of such plant or substation under this
931	act. No construction of any new electrical power plant or
932	expansion in steam generating capacity as measured by an
933	increase in the maximum normal generator nameplate rating of any
934	existing electrical power plant may be undertaken after October
935	1, 1973, without first obtaining certification in the manner as
936	herein provided, except that this act shall not apply to any
937	such  electrical power plant which is presently operating or
938	under construction or which has, upon the effective date of
939	chapter 73-33, Laws of Florida, applied for a permit or
940	certification under requirements in force prior to the effective
941	date of such act.
942	(2)  Except as provided in the certification, modification
943	of nonnuclear fuels, internal related hardware, including
944	increases in steam turbine efficiency, or operating conditions
945	not in conflict with certification which increase the electrical
946	output of a unit to no greater capacity than the maximum
947	operating capacity of the existing generator shall not
948	constitute an alteration or addition to generating capacity
949	which requires certification pursuant to this act.
950	(3)  The application for any related department license
951	which is required pursuant to any federally delegated or
952	approved permit program shall be processed within the time
953	periods allowed by this act, in lieu of those specified in s.
954	120.60. However, permits issued pursuant to s. 403.0885 shall be
955	processed in accordance with 40 C.F.R. part 123.
956	Section 22.  Section 403.5064, Florida Statutes, is amended
957	to read:
958	403.5064  Distribution of application; schedules.--
959	(1)  The formal date of certification application filing
960	and commencement of the certification review process shall be
961	when the applicant submits:
962	(a)  Copies of the certification application as prescribed
963	by rule to the department and other agencies identified in s.
964	403.507(2)(a).
965	(b)  The application fee specified under s. 403.518 to the
966	department.
967	(2)(1)  Within 7 days after the filing of an application,
968	the department shall provide to the applicant and the Division
969	of Administrative Hearings the names and addresses of any
970	additional those affected or other agencies or persons entitled
971	to notice and copies of the application and any amendments.
972	(3)  Any amendment to the application made prior to
973	certification shall be disposed of as part of the original
974	certification proceeding. Amendment of the application may be
975	considered good cause for alteration of time limits pursuant to
976	s. 403.5095.
977	(4)(2)  Within 15 7 days after the application filing
978	completeness has been determined, the department shall prepare a
979	proposed schedule of dates for determination of completeness,
980	submission of statements of issues, determination of
981	sufficiency, and submittal of final reports, from affected and
982	other agencies and other significant dates to be followed during
983	the certification process, including dates for filing notices of
984	appearance to be a party pursuant to s. 403.508(3)(4). This
985	schedule shall be timely provided by the department to the
986	applicant, the administrative law judge, all agencies identified
987	pursuant to subsection (2) (1), and all parties. Within 7 days
988	after the filing of this proposed schedule, the administrative
989	law judge shall issue an order establishing a schedule for the
990	matters addressed in the department's proposed schedule and
991	other appropriate matters, if any.
992	(5)(3)  Within 7 days after completeness has been
993	determined, the applicant shall distribute copies of the
994	application to all agencies identified by the department
995	pursuant to subsection (1). Copies of changes and amendments to
996	the application shall be timely distributed by the applicant to
997	all affected agencies and parties who have received a copy of
998	the application.
999	(6)  Notice of the filing of the application shall be
1000	published in accordance with the requirements of s. 403.5115.
1001	Section 23.  Section 403.5065, Florida Statutes, is amended
1002	to read:
1003	403.5065  Appointment of administrative law judge, powers
1004	and duties.--
1005	(1)  Within 7 days after receipt of an application, whether
1006	complete or not, the department shall request the Division of
1007	Administrative Hearings to designate an administrative law judge
1008	to conduct the hearings required by this act. The division
1009	director shall designate an administrative law judge within 7
1010	days after receipt of the request from the department. In
1011	designating an administrative law judge for this purpose, the
1012	division director shall, whenever practicable, assign an
1013	administrative law judge who has had prior experience or
1014	training in electrical power plant site certification
1015	proceedings. Upon being advised that an administrative law judge
1016	has been appointed, the department shall immediately file a copy
1017	of the application and all supporting documents with the
1018	designated administrative law judge, who shall docket the
1019	application.
1020	(2)  The administrative law judge shall have all powers and
1021	duties granted to administrative law judges by chapter 120 and
1022	by the laws and rules of the department.
1023	Section 24.  Section 403.5066, Florida Statutes, is amended
1024	to read:
1025	403.5066  Determination of completeness.--
1026	(1)(a)  Within 30 days after filing of an application, the
1027	affected agencies shall file a statement with the department
1028	containing each agency's recommendations on the completeness of
1029	the application.
1030	(b)  Within 40 15 days after the filing receipt of an
1031	application, the department shall file a statement with the
1032	Division of Administrative Hearings, and with the applicant, and
1033	with all parties declaring its position with regard to the
1034	completeness, not the sufficiency, of the application. The
1035	department's statement shall be based upon consultation with the
1036	affected agencies.
1037	(2)(1)  If the department declares the application to be
1038	incomplete, the applicant, within 15 days after the filing of
1039	the statement by the department, shall file with the Division of
1040	Administrative Hearings, and with the department, and all
1041	parties a statement:
1042	(a)  A withdrawal of Agreeing with the statement of the
1043	department and withdrawing the application;
1044	(b)  Additional information necessary to make the
1045	application complete. If the department first determined that
1046	the application is incomplete, the time schedules under this act
1047	shall not be tolled if the applicant makes the application
1048	complete within the 15-day time period. A subsequent finding by
1049	the department that the application remains incomplete tolls the
1050	time schedules under this act until the application is
1051	determined complete; Agreeing with the statement of the
1052	department and agreeing to amend the application without
1053	withdrawing it. The time schedules referencing a complete
1054	application under this act shall not commence until the
1055	application is determined complete; or
1056	(c)  A statement contesting the department's determination
1057	of incompleteness; or contesting the statement of the
1058	department.
1059	(d)  A statement agreeing with the department and
1060	requesting additional time to provide the information necessary
1061	to make the application complete. If the applicant exercises
1062	this option, the time schedules under this act are tolled until
1063	the application is determined complete.
1064	(3)(a)(2)  If the applicant contests the determination by
1065	the department that an application is incomplete, the
1066	administrative law judge shall schedule a hearing on the
1067	statement of completeness. The hearing shall be held as
1068	expeditiously as possible, but not later than 21 30 days after
1069	the filing of the statement by the department. The
1070	administrative law judge shall render a decision within 7 10
1071	days after the hearing.
1072	(b)  Parties to a hearing on the issue of completeness
1073	shall include the applicant, the department, and any agency that
1074	has jurisdiction over the matter in dispute. Any substantially
1075	affected person who wishes to become a party to the completeness
1076	hearing must file a motion to intervene no later than 10 days
1077	prior to the date of the hearing.
1078	(c)(a)  If the administrative law judge determines that the
1079	application was not complete as filed, the applicant shall
1080	withdraw the application or make such additional submittals as
1081	necessary to complete it. The time schedules referencing a
1082	complete application under this act shall not commence until the
1083	application is determined complete.
1084	(d)(b)  If the administrative law judge determines that the
1085	application was complete at the time it was declared incomplete
1086	filed, the time schedules referencing a complete application
1087	under this act shall commence upon such determination.
1088	(4)  If the applicant provides additional information to
1089	address the issues identified in the determination of
1090	incompleteness, each affected agency may submit to the
1091	department, no later than 15 days after the applicant files the
1092	additional information, a recommendation on whether the agency
1093	believes the application is complete. Within 22 days after
1094	receipt of the additional information from the applicant
1095	submitted under paragraph (2)(b), paragraph (2)(d), or paragraph
1096	(3)(c), the department shall determine whether the additional
1097	information supplied by an applicant makes the application
1098	complete. If the department finds that the application is still
1099	incomplete, the applicant may exercise any of the options
1100	specified in subsection (2) as often as is necessary to resolve
1101	the dispute.
1102	Section 25.  Section 403.50663, Florida Statutes, is
1103	created to read:
1104	403.50663  Informational public meetings.--
1105	(1)  Each local government or regional planning council, in
1106	the jurisdiction of which the power plant is proposed to be
1107	sited, may hold one informational public meeting in addition to
1108	the hearings specifically authorized by this act on any matter
1109	associated with the electric power plant proceeding. Such
1110	informational public meetings shall be held no later than 70
1111	days after the application is filed. The purpose of an
1112	informational public meeting is for the local government or
1113	regional planning council to further inform the public about the
1114	proposed electric power plant or associated facilities, obtain
1115	comments from the public, and formulate its recommendation with
1116	respect to the proposed electric power plant.
1117	(2)  Informational public meetings shall be held solely at
1118	the option of each local government or regional planning
1119	council. It is the legislative intent that local governments or
1120	regional planning councils attempt to hold such public meetings.
1121	Parties to the proceedings under this act shall be encouraged to
1122	attend; however, no party other than the applicant and the
1123	department shall be required to attend such informational public
1124	meetings.
1125	(3)  A local government or regional planning council that
1126	intends to conduct an informational public meeting must provide
1127	notice of the meeting to all parties not less than 5 days prior
1128	to the meeting.
1129	(4)  The failure to hold an informational public meeting or
1130	the procedure used for the informational public meeting are not
1131	for the alteration of any time limitation in this act under s.
1132	403.5095 or grounds to deny or condition certification.
1133	Section 26.  Section 403.50665, Florida Statutes, is
1134	created to read:
1135	403.50665  Land use consistency determination.--
1136	(1)  Within 80 days after the application is filed, each
1137	local government shall file a determination with the department
1138	and the applicant on the consistency of the site or any directly
1139	associated facilities within their jurisdiction with existing
1140	land use plans and zoning ordinances which were in effect on the
1141	date the application was filed. The applicant shall publish
1142	notice of the determination in accordance with the requirements
1143	of s. 403.5115. These dates may be altered upon agreement
1144	between the applicant, the local government, and the department
1145	pursuant to s. 403.5095.
1146	(2)  If any substantially affected person wishes to dispute
1147	the local government's determination, he or she shall file a
1148	petition with the department within 15 days of the publication
1149	of notice of the local government's determination. If a hearing
1150	is requested, the provisions of s. 403.508(1) shall apply.
1151	(3)  If it is determined by the local government that the
1152	proposed site or directly associated facility does conform with
1153	existing land use plans and zoning ordinances in effect as of
1154	the date of the application and no petition has been filed, the
1155	responsible zoning or planning authority shall not thereafter
1156	change such land use plans or zoning ordinances so as to
1157	foreclose construction and operation of the proposed site or
1158	directly associated facilities unless certification is
1159	subsequently denied or withdrawn.
1160	Section 27.  Section 403.5067, Florida Statutes, is
1161	repealed.
1162	Section 28.  Section 403.507, Florida Statutes, is amended
1163	to read:
1164	403.507  Preliminary statements of issues, reports, project
1165	analyses, and studies.--
1166	(1)  Each affected agency identified in paragraph (2)(a)
1167	shall submit a preliminary statement of issues to the
1168	department, and the applicant, and all parties no later than 40
1169	60 days after the certification application has been determined
1170	distribution of the complete application. The failure to raise
1171	an issue in this statement shall not preclude the issue from
1172	being raised in the agency's report.
1173	(2)(a)  No later than 100 days after the certification
1174	application has been determined complete, the following reports
1175	shall be submitted to the department and the applicant The
1176	following agencies shall prepare reports as provided below and
1177	shall submit them to the department and the applicant within 150
1178	days after distribution of the complete application:
1179	1.  The Department of Community Affairs shall prepare a
1180	report containing recommendations which address the impact upon
1181	the public of the proposed electrical power plant, based on the
1182	degree to which the electrical power plant is consistent with
1183	the applicable portions of the state comprehensive plan,
1184	emergency management, and other such matters within its
1185	jurisdiction. The Department of Community Affairs may also
1186	comment on the consistency of the proposed electrical power
1187	plant with applicable strategic regional policy plans or local
1188	comprehensive plans and land development regulations.
1189	2.  The Public Service Commission shall prepare a report as
1190	to the present and future need for the electrical generating
1191	capacity to be supplied by the proposed electrical power plant.
1192	The report shall include the commission's determination pursuant
1193	to s. 403.519 and may include the commission's comments with
1194	respect to any other matters within its jurisdiction.
1195	2.3.  The water management district shall prepare a report
1196	as to matters within its jurisdiction, including but not limited
1197	to, impact on water resources, impact on regional water supply
1198	planning, and impact on district-owned lands and works.
1199	3.4.  Each local government in whose jurisdiction the
1200	proposed electrical power plant is to be located shall prepare a
1201	report as to the consistency of the proposed electrical power
1202	plant with all applicable local ordinances, regulations,
1203	standards, or criteria that apply to the proposed electrical
1204	power plant, including adopted local comprehensive plans, land
1205	development regulations, and any applicable local environmental
1206	regulations adopted pursuant to s. 403.182 or by other means.
1207	4.5.  The Fish and Wildlife Conservation Commission shall
1208	prepare a report as to matters within its jurisdiction.
1209	5.6.  Each The regional planning council shall prepare a
1210	report containing recommendations that address the impact upon
1211	the public of the proposed electrical power plant, based on the
1212	degree to which the electrical power plant is consistent with
1213	the applicable provisions of the strategic regional policy plan
1214	adopted pursuant to chapter 186 and other matters within its
1215	jurisdiction.
1216	6.  The Department of Transportation shall address the
1217	impact of the proposed transmission line or corridor on roads,
1218	railroads, airports, aeronautics, seaports, and other matters
1219	within its jurisdiction.
1220	(b)7.  Any other agency, if requested by the department,
1221	shall also perform studies or prepare reports as to matters
1222	within that agency's jurisdiction which may potentially be
1223	affected by the proposed electrical power plant.
1224	(b)  As needed to verify or supplement the studies made by
1225	the applicant in support of the application, it shall be the
1226	duty of the department to conduct, or contract for, studies of
1227	the proposed electrical power plant and site, including, but not
1228	limited to, the following, which shall be completed no later
1229	than 210 days after the complete application is filed with the
1230	department:
1231	1.  Cooling system requirements.
1232	2.  Construction and operational safeguards.
1233	3.  Proximity to transportation systems.
1234	4.  Soil and foundation conditions.
1235	5.  Impact on suitable present and projected water supplies
1236	for this and other competing uses.
1237	6.  Impact on surrounding land uses.
1238	7.  Accessibility to transmission corridors.
1239	8.  Environmental impacts.
1240	9.  Requirements applicable under any federally delegated
1241	or approved permit program.
1242	(3)(c)  Each report described in subsection (2) paragraphs
1243	(a) and (b) shall contain:
1244	(a)  A notice of any nonprocedural requirements not
1245	specifically listed in the application from which a variance,
1246	exemption, exception, all information on variances, exemptions,
1247	exceptions, or other relief is necessary in order for the
1248	proposed electric power plant to be certified. Failure of such
1249	notification by an agency shall be treated as a waiver from
1250	nonprocedural requirements of that agency. However, no variance
1251	shall be granted from standards or regulations of the department
1252	applicable under any federally delegated or approved permit
1253	program, except as expressly allowed in such program. which may
1254	be required by s. 403.511(2) and
1255	(b)  A recommendation for approval or denial of the
1256	application.
1257	(c)  Any proposed conditions of certification on matters
1258	within the jurisdiction of such agency. For each condition
1259	proposed by an agency in its report, the agency shall list the
1260	specific statute, rule, or ordinance which authorizes the
1261	proposed condition.
1262	(d)  The agencies shall initiate the activities required by
1263	this section no later than 30 days after the complete
1264	application is distributed. The agencies shall keep the
1265	applicant and the department informed as to the progress of the
1266	studies and any issues raised thereby.
1267	(3)  No later than 60 days after the application for a
1268	federally required new source review or prevention of
1269	significant deterioration permit for the electrical power plant
1270	is complete and sufficient, the department shall issue its
1271	preliminary determination on such permit. Notice of such
1272	determination shall be published as required by the department's
1273	rules for notices of such permits. The department shall receive
1274	public comments and comments from the United States
1275	Environmental Protection Agency and other affected agencies on
1276	the preliminary determination as provided for in the federally
1277	approved state implementation plan. The department shall
1278	maintain a record of all comments received and considered in
1279	taking action on such permits. If a petition for an
1280	administrative hearing on the department's preliminary
1281	determination is filed by a substantially affected person, that
1282	hearing shall be consolidated with the certification hearing.
1283	(4)(a)  No later than 150 days after the application is
1284	filed, the Public Service Commission shall prepare a report as
1285	to the present and future need for electric generating capacity
1286	to be supplied by the proposed electrical power plant. The
1287	report shall include the commission's determination pursuant to
1288	s. 403.519 and may include the commission's comments with
1289	respect to any other matters within its jurisdiction.
1290	(b)  Receipt of an affirmative determination of need by the
1291	submittal deadline under paragraph (a) and shall be required for
1292	further processing of the application.
1293	(5)(4)  The department shall prepare a project written
1294	analysis, which shall be filed with the designated
1295	administrative law judge and served on all parties no later than
1296	130 240 days after the complete application is determined
1297	complete filed with the department, but no later than 60 days
1298	prior to the hearing, and which shall include:
1299	(a)  A statement indicating whether the proposed electrical
1300	power plant and proposed ultimate site capacity will be in
1301	compliance and consistent with matters within the department's
1302	standard jurisdiction, including with the rules of the
1303	department, as well as whether the proposed electrical power
1304	plant and proposed ultimate site capacity will be in compliance
1305	with the rules of the affected agencies.
1306	(b)  Copies of the studies and reports required by this
1307	section and s. 403.519.
1308	(c)  The comments received by the department from any other
1309	agency or person.
1310	(d)  The recommendation of the department as to the
1311	disposition of the application, of variances, exemptions,
1312	exceptions, or other relief identified by any party, and of any
1313	proposed conditions of certification which the department
1314	believes should be imposed.
1315	(e)  If available, the recommendation of the department
1316	regarding the issuance of any license required pursuant to a
1317	federally delegated or approved permit program.
1318	(f)  Copies of the department's draft of the operation
1319	permit for a major source of air pollution, which must also be
1320	provided to the United States Environmental Protection Agency
1321	for review within 5 days after issuance of the written analysis.
1322	(6)(5)  Except when good cause is shown, the failure of any
1323	agency to submit a preliminary statement of issues or a report,
1324	or to submit its preliminary statement of issues or report
1325	within the allowed time, shall not be grounds for the alteration
1326	of any time limitation in this act. Neither the failure to
1327	submit a preliminary statement of issues or a report nor the
1328	inadequacy of the preliminary statement of issues or report are
1329	shall be grounds to deny or condition certification.
1330	Section 29.  Section 403.508, Florida Statutes, is amended
1331	to read:
1332	403.508  Land use and certification hearings proceedings,
1333	parties, participants.--
1334	(1)(a)  If a petition for a hearing on land use has been
1335	filed pursuant to s. 403.50665, the designated administrative
1336	law judge shall conduct a land use hearing in the county of the
1337	proposed site or directly associated facility, as applicable,
1338	within 30 90 days after the department's receipt of the petition
1339	a complete application for electrical power plant site
1340	certification by the department. The place of such hearing shall
1341	be as close as possible to the proposed site or directly
1342	associated facility.
1343	(b)  Notice of the land use hearing shall be published in
1344	accordance with the requirements of s. 403.5115.
1345	(c)(2)  The sole issue for determination at the land use
1346	hearing shall be whether or not the proposed site is consistent
1347	and in compliance with existing land use plans and zoning
1348	ordinances.
1349	(d)  The designated administrative law judge's recommended
1350	order shall be issued within 30 days after completion of the
1351	hearing and shall be reviewed by the board within 60 45 days
1352	after receipt of the recommended order by the board.
1353	(e)  If it is determined by the board that the proposed
1354	site does conform with existing land use plans and zoning
1355	ordinances in effect as of the date of the application, the
1356	responsible zoning or planning authority shall not thereafter
1357	change such land use plans or zoning ordinances so as to
1358	foreclose construction and operation of affect the proposed site
1359	or directly associated facilities unless certification is
1360	subsequently denied or withdrawn.
1361	(f)  If it is determined by the board that the proposed
1362	site does not conform, it shall be the responsibility of the
1363	applicant to make the necessary application for rezoning. Should
1364	the application for rezoning be denied, the applicant may appeal
1365	this decision to the board, which may, if it determines after
1366	notice and hearing that it is in the public interest to
1367	authorize the use of the land as a site for an electrical power
1368	plant, authorize a variance to the adopted land use plan and
1369	zoning ordinances. In the event a variance is denied, it shall
1370	be the responsibility of the applicant to make the necessary
1371	application for rezoning. No further action may be taken on the
1372	complete application by the department until the proposed site
1373	conforms to the adopted land use plan or zoning ordinances or
1374	the board grants a variance.
1375	(2)(a)(3)  A certification hearing shall be held by the
1376	designated administrative law judge no later than 250 300 days
1377	after the complete application is filed with the department;
1378	however, an affirmative determination of need by the Public
1379	Service Commission pursuant to s. 403.519 shall be a condition
1380	precedent to the conduct of the certification hearing. The
1381	certification hearing shall be held at a location in proximity
1382	to the proposed site. The certification hearing shall also
1383	constitute the sole hearing allowed by chapter 120 to determine
1384	the substantial interest of a party regarding any required
1385	agency license or any related permit required pursuant to any
1386	federally delegated or approved permit program. At the
1387	conclusion of the certification hearing, the designated
1388	administrative law judge shall, after consideration of all
1389	evidence of record, submit to the board a recommended order no
1390	later than 60 days after the filing of the hearing transcript.
1391	In the event the administrative law judge fails to issue a
1392	recommended order within 60 days after the filing of the hearing
1393	transcript, the administrative law judge shall submit a report
1394	to the board with a copy to all parties within 60 days after the
1395	filing of the hearing transcript to advise the board of the
1396	reason for the delay in the issuance of the recommended order
1397	and of the date by which the recommended order will be issued.
1398	(b)(4)(a)  Parties to the proceeding shall include:
1399	1.  The applicant.
1400	2.  The Public Service Commission.
1401	3.  The Department of Community Affairs.
1402	4.  The Fish and Wildlife Conservation Commission.
1403	5.  The water management district.
1404	6.  The department.
1405	7.  The regional planning council.
1406	8.  The local government.
1407	9.  The Department of Transportation.
1408	(c)(b)  Any party listed in paragraph (b)(a) other than the
1409	department or the applicant may waive its right to participate
1410	in these proceedings. If such listed party fails to file a
1411	notice of its intent to be a party on or before the 90th day
1412	prior to the certification hearing, such party shall be deemed
1413	to have waived its right to be a party.
1414	(d)(c)  Notwithstanding the provisions of chapter 120 to
1415	the contrary, upon the filing with the administrative law judge
1416	of a notice of intent to be a party no later than 30 at least 15
1417	days prior to the date of the certification land use hearing,
1418	the following shall also be parties to the proceeding:
1419	1.  Any agency not listed in paragraph (b)(a) as to matters
1420	within its jurisdiction.
1421	2.  Any domestic nonprofit corporation or association
1422	formed, in whole or in part, to promote conservation or natural
1423	beauty; to protect the environment, personal health, or other
1424	biological values; to preserve historical sites; to promote
1425	consumer interests; to represent labor, commercial, or
1426	industrial groups; or to promote comprehensive planning or
1427	orderly development of the area in which the proposed electrical
1428	power plant is to be located.
1429	(e)(d)  Notwithstanding paragraph (f)(e), failure of an
1430	agency described in subparagraph (d)1.(c)1. to file a notice of
1431	intent to be a party within the time provided herein shall
1432	constitute a waiver of the right of that agency to participate
1433	as a party in the proceeding.
1434	(f)(e)  Other parties may include any person, including
1435	those persons enumerated in paragraph (d)(c) who have failed to
1436	timely file a notice of intent to be a party, whose substantial
1437	interests are affected and being determined by the proceeding
1438	and who timely file a motion to intervene pursuant to chapter
1439	120 and applicable rules. Intervention pursuant to this
1440	paragraph may be granted at the discretion of the designated
1441	administrative law judge and upon such conditions as he or she
1442	may prescribe any time prior to 30 days before the commencement
1443	of the certification hearing.
1444	(g)(f)  Any agency, including those whose properties or
1445	works are being affected pursuant to s. 403.509(4), shall be
1446	made a party upon the request of the department or the
1447	applicant.
1448	(3)(a)  The order of presentation at the certification
1449	hearing, unless otherwise changed by the administrative law
1450	judge to ensure the orderly presentation of witnesses and
1451	evidence, shall be:
1452	1.   The applicant.
1453	2.  The department.
1454	3.  State agencies.
1455	4.  Regional agencies, including regional planning councils
1456	and water management districts.
1457	5.  Local governments.
1458	6.  Other parties.
1459	(b)(5)  When appropriate, any person may be given an
1460	opportunity to present oral or written communications to the
1461	designated administrative law judge. If the designated
1462	administrative law judge proposes to consider such
1463	communications, then all parties shall be given an opportunity
1464	to cross-examine or challenge or rebut such communications.
1465	(4)  At the conclusion of the certification hearing, the
1466	designated administrative law judge shall, after consideration
1467	of all evidence of record, submit to the board a recommended
1468	order no later than 45 days after the filing of the hearing
1469	transcript.
1470	(5)(a)  No later than 25 days prior to the conduct of the
1471	certification hearing, the department or the applicant may
1472	request that the administrative law judge cancel the
1473	certification hearing and relinquish jurisdiction to the
1474	department if all parties to the proceeding stipulate that there
1475	are no disputed issues of fact to be raised at the certification
1476	hearing.
1477	(b)  The administrative law judge shall issue an order
1478	granting or denying the request within 5 days.
1479	(c)  If the administrative law judge grants the request,
1480	the department and the applicant shall publish notices of the
1481	cancellation of the certification hearing, in accordance with s.
1482	403.5115.
1483	(d)1.  If the administrative law judge grants the request,
1484	the department shall prepare and issue a final order in
1485	accordance with s. 403.509(1)(a).
1486	2.  Parties may submit proposed recommended orders to the
1487	department no later than 10 days after the administrative law
1488	judge issues an order relinquishing jurisdiction.
1489	(6)  The applicant shall pay those expenses and costs
1490	associated with the conduct of the hearings and the recording
1491	and transcription of the proceedings. The designated
1492	administrative law judge shall have all powers and duties
1493	granted to administrative law judges by chapter 120 and this
1494	chapter and by the rules of the department and the
1495	Administration Commission, including the authority to resolve
1496	disputes over the completeness and sufficiency of an application
1497	for certification.
1498	(7)  The order of presentation at the certification
1499	hearing, unless otherwise changed by the administrative law
1500	judge to ensure the orderly presentation of witnesses and
1501	evidence, shall be:
1502	(a)  The applicant.
1503	(b)  The department.
1504	(c)  State agencies.
1505	(d)  Regional agencies, including regional planning
1506	councils and water management districts.
1507	(e)  Local governments.
1508	(f)  Other parties.
1509	(7)(8)  In issuing permits under the federally approved new
1510	source review or prevention of significant deterioration permit
1511	program, the department shall observe the procedures specified
1512	under the federally approved state implementation plan,
1513	including public notice, public comment, public hearing, and
1514	notice of applications and amendments to federal, state, and
1515	local agencies, to assure that all such permits issued in
1516	coordination with the certification of a power plant under this
1517	act are federally enforceable and are issued after opportunity
1518	for informed public participation regarding the terms and
1519	conditions thereof. When possible, any hearing on a federally
1520	approved or delegated program permit such as new source review,
1521	prevention of significant deterioration permit, or NPDES permit
1522	shall be conducted in conjunction with the certification hearing
1523	held under this act. The department shall accept written comment
1524	with respect to an application for, or the department's
1525	preliminary determination on, a new source review or prevention
1526	of significant deterioration permit for a period of no less than
1527	30 days from the date notice of such action is published. Upon
1528	request submitted within 30 days after published notice, the
1529	department shall hold a public meeting, in the area affected,
1530	for the purpose of receiving public comment on issues related to
1531	the new source review or prevention of significant deterioration
1532	permit. If requested following notice of the department's
1533	preliminary determination, the public meeting to receive public
1534	comment shall be held prior to the scheduled certification
1535	hearing. The department shall also solicit comments from the
1536	United States Environmental Protection Agency and other affected
1537	federal agencies regarding the department's preliminary
1538	determination for any federally required new source review or
1539	prevention of significant deterioration permit. It is the intent
1540	of the Legislature that the issuance of such permits be closely
1541	coordinated with the certification process established under
1542	this part. In the event of a conflict between the certification
1543	process and federally required procedures contained in the state
1544	implementation plan, the applicable federal requirements of the
1545	implementation plan shall control.
1546	Section 30.  Section 403.509, Florida Statutes, is amended
1547	to read:
1548	403.509  Final disposition of application.--
1549	(1)(a)  If the administrative law judge has granted a
1550	request to cancel the certification hearing and has relinquished
1551	jurisdiction to the department under the provisions of s.
1552	403.508(6), within 40 days thereafter, the secretary of the
1553	department shall act upon the application by written order in
1554	accordance with the terms of this act, and state the reasons for
1555	issuance or denial.
1556	(b)  If the administrative law judge has not granted a
1557	request to cancel the certification hearing under the provisions
1558	of s. 403.508(6), within 60 days after receipt of the designated
1559	administrative law judge's recommended order, the board shall
1560	act upon the application by written order, approving
1561	certification or denying certification the issuance of a
1562	certificate, in accordance with the terms of this act, and
1563	stating the reasons for issuance or denial. If certification the
1564	certificate is denied, the board shall set forth in writing the
1565	action the applicant would have to take to secure the board's
1566	approval of the application.
1567	(2)  The issues that may be raised in any hearing before
1568	the board shall be limited to those matters raised in the
1569	certification proceeding before the administrative law judge or
1570	raised in the recommended order. All parties, or their
1571	representatives, or persons who appear before the board shall be
1572	subject to the provisions of s. 120.66.
1573	(3)  In determining whether an application should be
1574	approved in whole, approved with modifications or conditions, or
1575	denied, the board, or secretary when applicable, shall consider
1576	whether, and the extent to which, the location of electric power
1577	plant and directly associated facilities and their construction
1578	and operation will:
1579	(a)  Provide reasonable assurance that operational
1580	safeguards are technically sufficient for the public welfare and
1581	protection.
1582	(b)  Comply with applicable nonprocedural requirements of
1583	agencies.
1584	(c)  Be consistent with applicable local government
1585	comprehensive plans and land development regulations.
1586	(d)  Meet the electrical energy needs of the state in an
1587	orderly and timely fashion.
1588	(e)  Provide a reasonable balance between the need for the
1589	facility as established pursuant to s. 403.519, and the impacts
1590	upon air and water quality, fish and wildlife, water resources,
1591	and other natural resources as a result of the construction and
1592	operation of the facility.
1593	(3)  Within 30 days after issuance of the certification,
1594	the department shall issue and forward to the United States
1595	Environmental Protection Agency a proposed operation permit for
1596	a major source of air pollution and must issue or deny any other
1597	license required pursuant to any federally delegated or approved
1598	permit program. The department's action on the license and its
1599	action on the proposed operation permit for a major source of
1600	air pollution shall be based upon the record and recommended
1601	order of the certification hearing. The department's actions on
1602	a federally required new source review or prevention of
1603	significant deterioration permit shall be based on the record
1604	and recommended order of the certification hearing and of any
1605	other proceeding held in connection with the application for a
1606	new source review or prevention of significant deterioration
1607	permit, on timely public comments received with respect to the
1608	application or preliminary determination for such permit, and on
1609	the provisions of the state implementation plan. The
1610	department's action on a federally required new source review or
1611	prevention of significant deterioration permit shall differ from
1612	the actions taken by the siting board regarding the
1613	certification if the federally approved state implementation
1614	plan requires such a different action to be taken by the
1615	department. Nothing in this part shall be construed to displace
1616	the department's authority as the final permitting entity under
1617	the federally approved permit program. Nothing in this part
1618	shall be construed to authorize the issuance of a new source
1619	review or prevention of significant deterioration permit which
1620	does not conform to the requirements of the federally approved
1621	state implementation plan. Any final operation permit for a
1622	major source of air pollution must be issued in accordance with
1623	the provisions of s. 403.0872. Unless the federally delegated or
1624	approved permit program provides otherwise, licenses issued by
1625	the department under this subsection shall be effective for the
1626	term of the certification issued by the board. If renewal of any
1627	license issued by the department pursuant to a federally
1628	delegated or approved permit program is required, such renewal
1629	shall not affect the certification issued by the board, except
1630	as necessary to resolve inconsistencies pursuant to s.
1631	403.516(1)(a).
1632	(4)  In regard to the properties and works of any agency
1633	which is a party to the certification hearing, the board shall
1634	have the authority to decide issues relating to the use, the
1635	connection thereto, or the crossing thereof, for the electrical
1636	power plant and its directly associated facilities site and to
1637	direct any such agency to execute, within 30 days after the
1638	entry of certification, the necessary license or easement for
1639	such use, connection, or crossing, subject only to the
1640	conditions set forth in such certification.
1641	(5)  Except for the issuance of any operation permit for a
1642	major source of air pollution pursuant to s. 403.0872, the
1643	issuance or denial of the certification by the board and the
1644	issuance or denial of any related department license required
1645	pursuant to any federally delegated or approved permit program
1646	shall be the final administrative action required as to that
1647	application.
1648	(6)  All certified electrical power plants must apply for
1649	and obtain a major source air-operation permit pursuant to s.
1650	403.0872. Major source air-operation permit applications for
1651	certified electrical power plants must be submitted pursuant to
1652	a schedule developed by the department. To the extent that any
1653	conflicting provision, limitation, or restriction under any
1654	rule, regulation, or ordinance imposed by any political
1655	subdivision of the state, or by any local pollution control
1656	program, was superseded during the certification process
1657	pursuant to s. 403.510(1), such rule, regulation, or ordinance
1658	shall continue to be superseded for purposes of the major source
1659	air-operation permit program under s. 403.0872.
1660	Section 31.  Section 403.511, Florida Statutes, is amended
1661	to read:
1662	403.511  Effect of certification.--
1663	(1)  Subject to the conditions set forth therein, any
1664	certification signed by the Governor shall constitute the sole
1665	license of the state and any agency as to the approval of the
1666	site and the construction and operation of the proposed
1667	electrical power plant, except for the issuance of department
1668	licenses required under any federally delegated or approved
1669	permit program and except as otherwise provided in subsection
1670	(4).
1671	(2)(a)  The certification shall authorize the licensee
1672	applicant named therein to construct and operate the proposed
1673	electrical power plant, subject only to the conditions of
1674	certification set forth in such certification, and except for
1675	the issuance of department licenses or permits required under
1676	any federally delegated or approved permit program.
1677	(b)1.  Except as provided in subsection (4), the
1678	certification may include conditions which constitute variances,
1679	exemptions, or exceptions from nonprocedural requirements of the
1680	department or any agency which were expressly considered during
1681	the proceeding unless waived by the agency as provided below and
1682	which otherwise would be applicable to the construction and
1683	operation of the proposed electrical power plant.
1684	2.  No variance, exemption, exception, or other relief
1685	shall be granted from a state statute or rule for the protection
1686	of endangered or threatened species, aquatic preserves,
1687	Outstanding National Resource Waters, or Outstanding Florida
1688	Waters or for the disposal of hazardous waste, except to the
1689	extent authorized by the applicable statute or rule or except
1690	upon a finding in the certification order by the siting board
1691	that the public interests set forth in s. 403.509(3) 403.502 in
1692	certifying the electrical power plant at the site proposed by
1693	the applicant overrides the public interest protected by the
1694	statute or rule from which relief is sought. Each party shall
1695	notify the applicant and other parties at least 60 days prior to
1696	the certification hearing of any nonprocedural requirements not
1697	specifically listed in the application from which a variance,
1698	exemption, exception, or other relief is necessary in order for
1699	the board to certify any electrical power plant proposed for
1700	certification. Failure of such notification by an agency shall
1701	be treated as a waiver from nonprocedural requirements of the
1702	department or any other agency. However, no variance shall be
1703	granted from standards or regulations of the department
1704	applicable under any federally delegated or approved permit
1705	program, except as expressly allowed in such program.
1706	(3)  The certification shall be in lieu of any license,
1707	permit, certificate, or similar document required by any state,
1708	regional, or local agency pursuant to, but not limited to,
1709	chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
1710	chapter 253, chapter 298, chapter 370, chapter 373, chapter 376,
1711	chapter 380, chapter 381, chapter 387, chapter 403, except for
1712	permits issued pursuant to any federally delegated or approved
1713	permit program s. 403.0885 and except as provided in s.
1714	403.509(3) and (6), chapter 404, or the Florida Transportation
1715	Code, or 33 U.S.C. s. 1341.
1716	(4)  This act shall not affect in any way the ratemaking
1717	powers of the Public Service Commission under chapter 366; nor
1718	shall this act in any way affect the right of any local
1719	government to charge appropriate fees or require that
1720	construction be in compliance with applicable building
1721	construction codes.
1722	(5)(a)  An electrical power plant certified pursuant to
1723	this act shall comply with rules adopted by the department
1724	subsequent to the issuance of the certification which prescribe
1725	new or stricter criteria, to the extent that the rules are
1726	applicable to electrical power plants. Except when express
1727	variances, exceptions, exemptions, or other relief have been
1728	granted, subsequently adopted rules which prescribe new or
1729	stricter criteria shall operate as automatic modifications to
1730	certifications.
1731	(b)  Upon written notification to the department, any
1732	holder of a certification issued pursuant to this act may choose
1733	to operate the certified electrical power plant in compliance
1734	with any rule subsequently adopted by the department which
1735	prescribes criteria more lenient than the criteria required by
1736	the terms and conditions in the certification which are not
1737	site-specific.
1738	(c)  No term or condition of certification shall be
1739	interpreted to preclude the postcertification exercise by any
1740	party of whatever procedural rights it may have under chapter
1741	120, including those related to rulemaking proceedings. This
1742	subsection shall apply to previously issued certifications.
1743	(6)  No term or condition of a site certification shall be
1744	interpreted to supersede or control the provisions of a final
1745	operation permit for a major source of air pollution issued by
1746	the department pursuant to s. 403.0872 to such facility
1747	certified under this part.
1748	(7)  No term or condition of a site certification shall be
1749	interpreted to supersede or control the provisions of a final
1750	operation permit for a major source of air pollution issued by
1751	the department pursuant to s. 403.0872, to a facility certified
1752	under this part.
1753	(8)  Pursuant to s. 380.23, electrical power plants are
1754	subject to the federal coastal consistency review program.
1755	Issuance of certification shall constitute the state's
1756	certification of coastal zone consistency.
1757	Section 32.  Section 403.5112, Florida Statutes, is created
1758	to read:
1759	403.5112  Filing of notice of certified corridor route.--
1760	(1)  Within 60 days after certification of a directly
1761	associated linear facility pursuant to this act, the applicant
1762	shall file, in accordance with s. 28.222, with the department
1763	and the clerk of the circuit court for each county through which
1764	the corridor will pass, a notice of the certified route.
1765	(2)  The notice shall consist of maps or aerial photographs
1766	in the scale of 1:24,000 which clearly show the location of the
1767	certified route and shall state that the certification of the
1768	corridor will result in the acquisition of rights-of-way within
1769	the corridor. Each clerk shall record the filing in the official
1770	record of the county for the duration of the certification or
1771	until such time as the applicant certifies to the department and
1772	the clerk that all lands required for the transmission line
1773	rights-of-way within the corridor have been acquired within such
1774	county, whichever is sooner.
1775	Section 33.  Section 403.5113, Florida Statutes, is created
1776	to read:
1777	403.5113  Postcertification amendments.--
1778	(1)  If a licensee proposes any material change to the
1779	application after certification, the licensee shall submit a
1780	written request for amendment and a description of the proposed
1781	change to the application to the department. Within 30 days
1782	after the receipt of the request for the amendment, the
1783	department shall determine whether the proposed change to the
1784	application requires a modification of the conditions of
1785	certification.
1786	(2)  If the department concludes that the change would not
1787	require a modification of the conditions of certification, the
1788	department shall provide written notification of the approval of
1789	the proposed amendment to the licensee, all agencies, and all
1790	other interested parties.
1791	(3)  If the department concludes that the change would
1792	require a modification of the conditions of certification, the
1793	department shall provide written notification to the licensee
1794	that the proposed change to the application requires a request
1795	for modification pursuant to s. 403.516.
1796	Section 34.  Section 403.5115, Florida Statutes, is amended
1797	to read:
1798	403.5115  Public notice; costs of proceeding.--
1799	(1)  The following notices are to be published by the
1800	applicant:
1801	(a)  Notice A notice of the filing of a notice of intent
1802	under s. 403.5063, which shall be published within 21 days after
1803	the filing of the notice. The notice shall be published as
1804	specified by subsection (2), except that the newspaper notice
1805	shall be one-fourth page in size in a standard size newspaper or
1806	one-half page in size in a tabloid size newspaper.
1807	(b)  Notice A notice of filing of the application, which
1808	shall include a description of the proceedings required by this
1809	act, within 21 days after the date of the application filing be
1810	published as specified in subsection (2), within 15 days after
1811	the application has been determined complete. Such notice shall
1812	give notice of the provisions of s. 403.511(1) and (2) and that
1813	the application constitutes a request for a federally required
1814	new source review or prevention of significant deterioration
1815	permit.
1816	(c)  Notice of the land use determination made pursuant to
1817	s. 403.50665(1) within 15 days after the determination is filed.
1818	(d)  Notice of the land use hearing, which shall be
1819	published as specified in subsection (2), no later than 15 45
1820	days before the hearing.
1821	(e)(d)  Notice of the certification hearing and notice of
1822	the deadline for filing notice of intent to be a party, which
1823	shall be published as specified in subsection (2), at least 65
1824	days before the date set for the certification no later than 45
1825	days before the hearing.
1826	(f)  Notice of the cancellation of the certification
1827	hearing, if applicable, no later than 7 days before the date of
1828	the originally scheduled certification hearing.
1829	(g)(e)  Notice of modification when required by the
1830	department, based on whether the requested modification of
1831	certification will significantly increase impacts to the
1832	environment or the public. Such notice shall be published as
1833	specified under subsection (2):
1834	1.  Within 21 days after receipt of a request for
1835	modification., except that The newspaper notice shall be of a
1836	size as directed by the department commensurate with the scope
1837	of the modification.
1838	2.  If a hearing is to be conducted in response to the
1839	request for modification, then notice shall be published no
1840	later than 30 days before the hearing provided as specified in
1841	paragraph (d).
1842	(h)(f)  Notice of a supplemental application, which shall
1843	be published as specified in paragraph (1)(b) and subsection
1844	(2).follows:
1845	1.  Notice of receipt of the supplemental application shall
1846	be published as specified in paragraph (b).
1847	2.  Notice of the certification hearing shall be published
1848	as specified in paragraph (d).
1849	(i)  Notice of existing site certification pursuant to s.
1850	403.5175. Notices shall be published as specified in paragraph
1851	(1)(b) and subsection (2).
1852	(2)  Notices provided by the applicant shall be published
1853	in newspapers of general circulation within the county or
1854	counties in which the proposed electrical power plant will be
1855	located. The newspaper notices shall be at least one-half page
1856	in size in a standard size newspaper or a full page in a tabloid
1857	size newspaper and published in a section of the newspaper other
1858	than the legal notices section. These notices shall include a
1859	map generally depicting the project and all associated
1860	facilities corridors. A newspaper of general circulation shall
1861	be the newspaper which has the largest daily circulation in that
1862	county and has its principal office in that county. If the
1863	newspaper with the largest daily circulation has its principal
1864	office outside the county, the notices shall appear in both the
1865	newspaper having the largest circulation in that county and in a
1866	newspaper authorized to publish legal notices in that county.
1867	(3)  All notices published by the applicant shall be paid
1868	for by the applicant and shall be in addition to the application
1869	fee.
1870	(4)  The department shall arrange for publication of the
1871	following notices in the manner specified by chapter 120 and
1872	provide copies of those notices to any persons who have
1873	requested to be placed on the departmental mailing list for this
1874	purpose:
1875	(a)  Notice Publish in the Florida Administrative Weekly
1876	notices of the filing of the notice of intent within 15 days
1877	after receipt of the notice.;
1878	(b)  Notice of the filing of the application, no later than
1879	21 days after the application filing.;
1880	(c)  Notice of the land use hearing before the
1881	administrative law judge, if applicable, no later than 15 days
1882	before the hearing.;
1883	(d)  Notice of the land use hearing before the board, if
1884	applicable.
1885	(e)  Notice of the certification hearing at least 65 days
1886	before the date set for the certification hearing.;
1887	(f)  Notice of the hearing before the board, if
1888	applicable.;
1889	(h)  Notice and of stipulations, proposed agency action, or
1890	petitions for modification.; and
1891	(b)  Provide copies of those notices to any persons who
1892	have requested to be placed on the departmental mailing list for
1893	this purpose.
1894	(5)  The applicant shall pay those expenses and costs
1895	associated with the conduct of the hearings and the recording
1896	and transcription of the proceedings.
1897	Section 35.  Section 403.513, Florida Statutes, is amended
1898	to read:
1899	403.513  Review.--Proceedings under this act shall be
1900	subject to judicial review as provided in chapter 120. When
1901	possible, separate appeals of the certification order issued by
1902	the board and of any department permit issued pursuant to a
1903	federally delegated or approved permit program may shall be
1904	consolidated for purposes of judicial review.
1905	Section 36.  Section 403.516, Florida Statutes, is amended
1906	to read:
1907	403.516  Modification of certification.--
1908	(1)  A certification may be modified after issuance in any
1909	one of the following ways:
1910	(a)  The board may delegate to the department the authority
1911	to modify specific conditions in the certification.
1912	(b)1.  The department may modify specific conditions of a
1913	site certification which are inconsistent with the terms of any
1914	federally delegated or approved final air pollution operation
1915	permit for the certified electrical power plant issued by the
1916	United States Environmental Protection Agency under the terms of
1917	42 U.S.C. s. 7661d.
1918	2.  Such modification may be made without further notice if
1919	the matter has been previously noticed under the requirements
1920	for any federally delegated or approved permit program.
1921	(c)  The licensee may file a petition for modification with
1922	the department or the department may initiate the modification
1923	upon its own initiative.
1924	1.  A petition for modification must set forth:
1925	a.  The proposed modification.
1926	b.  The factual reasons asserted for the modification.
1927	c.  The anticipated environmental effects of the proposed
1928	modification.
1929	(d)(b)  The department may modify the terms and conditions
1930	of the certification if no party to the certification hearing
1931	objects in writing to such modification within 45 days after
1932	notice by mail to such party's last address of record, and if no
1933	other person whose substantial interests will be affected by the
1934	modification objects in writing within 30 days after issuance of
1935	public notice.
1936	(e)  If objections are raised or the department denies the
1937	request, the applicant or department may file a request petition
1938	for a hearing on the modification with the department. Such
1939	request shall be handled pursuant to chapter 120 paragraph (c).
1940	(c)  A petition for modification may be filed by the
1941	applicant or the department setting forth:
1942	1.  The proposed modification,
1943	2.  The factual reasons asserted for the modification, and
1944	3.  The anticipated effects of the proposed modification on
1945	the applicant, the public, and the environment.
1946
1947	The petition for modification shall be filed with the department
1948	and the Division of Administrative Hearings.
1949	(f)  Requests referred to the Division of Administrative
1950	Hearings shall be disposed of in the same manner as an
1951	application, but with time periods established by the
1952	administrative law judge commensurate with the significance of
1953	the modification requested.
1954	(g)(d)  As required by s. 403.511(5).
1955	(2)  Petitions filed pursuant to paragraph (1)(c) shall be
1956	disposed of in the same manner as an application, but with time
1957	periods established by the administrative law judge commensurate
1958	with the significance of the modification requested.
1959	(2)(3)  Any agreement or modification under this section
1960	must be in accordance with the terms of this act. No
1961	modification to a certification shall be granted that
1962	constitutes a variance from standards or regulations of the
1963	department applicable under any federally delegated or approved
1964	permit program, except as expressly allowed in such program.
1965	Section 37.  Section 403.517, Florida Statutes, is amended
1966	to read:
1967	403.517  Supplemental applications for sites certified for
1968	ultimate site capacity.--
1969	(1)(a)  Supplemental The department shall adopt rules
1970	governing the processing of supplemental applications may be
1971	submitted for certification of the construction and operation of
1972	electrical power plants to be located at sites which have been
1973	previously certified for an ultimate site capacity pursuant to
1974	this act. Supplemental applications shall be limited to
1975	electrical power plants using the fuel type previously certified
1976	for that site. Such applications shall include all new directly
1977	associated facilities that support the construction and
1978	operation of the electric power plant. The rules adopted
1979	pursuant to this section shall include provisions for:
1980	1.  Prompt appointment of a designated administrative law
1981	judge.
1982	2.  The contents of the supplemental application.
1983	3.  Resolution of disputes as to the completeness and
1984	sufficiency of supplemental applications by the designated
1985	administrative law judge.
1986	4.  Public notice of the filing of the supplemental
1987	applications.
1988	5.  Time limits for prompt processing of supplemental
1989	applications.
1990	6.  Final disposition by the board within 215 days of the
1991	filing of a complete supplemental application.
1992	(b)  The time limits for processing of a complete
1993	supplemental application shall be designated by the department
1994	commensurate with the scope of the supplemental application, but
1995	shall not exceed any time limitation governing the review of
1996	initial applications for site certification pursuant to this
1997	act, it being the legislative intent to provide shorter time
1998	limitations for the processing of supplemental applications for
1999	electrical power plants to be constructed and operated at sites
2000	which have been previously certified for an ultimate site
2001	capacity.
2002	(c)  Any time limitation in this section or in rules
2003	adopted pursuant to this section may be altered pursuant to s.
2004	403.5095 by the designated administrative law judge upon
2005	stipulation between the department and the applicant, unless
2006	objected to by any party within 5 days after notice, or for good
2007	cause shown by any party. The parties to the proceeding shall
2008	adhere to the provisions of chapter 120 and this act in
2009	considering and processing such supplemental applications.
2010	(2)  Supplemental applications shall be reviewed as
2011	provided in ss. 403.507-403.511, except that the time limits
2012	provided in this section shall apply to such supplemental
2013	applications.
2014	(3)  The land use and zoning consistency determination of
2015	s. 403.50665 hearing requirements of s. 403.508(1) and (2) shall
2016	not be applicable to the processing of supplemental applications
2017	pursuant to this section so long as:
2018	(a)  The previously certified ultimate site capacity is not
2019	exceeded; and
2020	(b)  The lands required for the construction or operation
2021	of the electrical power plant which is the subject of the
2022	supplemental application are within the boundaries of the
2023	previously certified site.
2024	(4)  For the purposes of this act, the term "ultimate site
2025	capacity" means the maximum generating capacity for a site as
2026	certified by the board.
2027	Section 38.  Section 403.5175, Florida Statutes, is amended
2028	to read:
2029	403.5175  Existing electrical power plant site
2030	certification.--
2031	(1)  An electric utility that owns or operates an existing
2032	electrical power plant as defined in s. 403.503(12) may apply
2033	for certification of an existing power plant and its site in
2034	order to obtain all agency licenses necessary to assure
2035	compliance with federal or state environmental laws and
2036	regulation using the centrally coordinated, one-stop licensing
2037	process established by this part. An application for site
2038	certification under this section must be in the form prescribed
2039	by department rule. Applications must be reviewed and processed
2040	using the same procedural steps and notices as for an
2041	application for a new facility in accordance with ss. 403.5064-
2042	403.5115, except that a determination of need by the Public
2043	Service Commission is not required.
2044	(2)  An application for certification under this section
2045	must include:
2046	(a)  A description of the site and existing power plant
2047	installations;
2048	(b)  A description of all proposed changes or alterations
2049	to the site or electrical power plant, including all new
2050	associated facilities that are the subject of the application;
2051	(c)  A description of the environmental and other impacts
2052	caused by the existing utilization of the site and directly
2053	associated facilities, and the operation of the electrical power
2054	plant that is the subject of the application, and of the
2055	environmental and other benefits, if any, to be realized as a
2056	result of the proposed changes or alterations if certification
2057	is approved and such other information as is necessary for the
2058	reviewing agencies to evaluate the proposed changes and the
2059	expected impacts;
2060	(d)  The justification for the proposed changes or
2061	alterations;
2062	(e)  Copies of all existing permits, licenses, and
2063	compliance plans authorizing utilization of the site and
2064	directly associated facilities or operation of the electrical
2065	power plant that is the subject of the application.
2066	(3)  The land use and zoning determination hearing
2067	requirements of s. 403.50665 s. 403.508(1) and (2) do not apply
2068	to an application under this section if the applicant does not
2069	propose to expand the boundaries of the existing site. If the
2070	applicant proposes to expand the boundaries of the existing site
2071	to accommodate portions of the plant or associated facilities, a
2072	land use and zoning determination shall be made hearing must be
2073	held as specified in s. 403.50665 s. 403.508(1) and (2);
2074	provided, however, that the sole issue for determination through
2075	the land use hearing is whether the proposed site expansion is
2076	consistent and in compliance with the existing land use plans
2077	and zoning ordinances.
2078	(4)  In considering whether an application submitted under
2079	this section should be approved in whole, approved with
2080	appropriate conditions, or denied, the board shall consider
2081	whether, and to the extent to which the proposed changes to the
2082	electrical power plant and its continued operation under
2083	certification will:
2084	(a)  Comply with the provisions of s. 403.509(3).
2085	applicable nonprocedural requirements of agencies;
2086	(b)  Result in environmental or other benefits compared to
2087	current utilization of the site and operations of the electrical
2088	power plant if the proposed changes or alterations are
2089	undertaken.;
2090	(c)  Minimize, through the use of reasonable and available
2091	methods, the adverse effects on human health, the environment,
2092	and the ecology of the land and its wildlife and the ecology of
2093	state waters and their aquatic life; and
2094	(d)  Serve and protect the broad interests of the public.
2095	(5)  An applicant's failure to receive approval for
2096	certification of an existing site or an electrical power plant
2097	under this section is without prejudice to continued operation
2098	of the electrical power plant or site under existing agency
2099	licenses.
2100	Section 39.  Section 403.518, Florida Statutes, is amended
2101	to read:
2102	403.518  Fees; disposition.--
2103	(1)  The department shall charge the applicant the
2104	following fees, as appropriate, which, unless otherwise
2105	specified, shall be paid into the Florida Permit Fee Trust Fund:
2106	(a)  A fee for a notice of intent pursuant to s. 403.5063,
2107	in the amount of $2,500, to be submitted to the department at
2108	the time of filing of a notice of intent. The notice-of-intent
2109	fee shall be used and disbursed in the same manner as the
2110	application fee.
2111	(b)  An application fee, which shall not exceed $200,000.
2112	The fee shall be fixed by rule on a sliding scale related to the
2113	size, type, ultimate site capacity, or increase in electric
2114	generating capacity proposed by the application, or the number
2115	and size of local governments in whose jurisdiction the
2116	electrical power plant is located.
2117	1.  Sixty percent of the fee shall go to the department to
2118	cover any costs associated with coordinating the review
2119	reviewing and acting upon the application, to cover any field
2120	services associated with monitoring construction and operation
2121	of the facility, and to cover the costs of the public notices
2122	published by the department.
2123	2.  The following percentages Twenty percent of the fee or
2124	$25,000, whichever is greater, shall be transferred to the
2125	Administrative Trust Fund of the Division of Administrative
2126	Hearings of the Department of Management Services:.
2127	a.  Five percent to compensate expenses from the initial
2128	exercise of duties associated with the filing of an application.
2129	b.  An additional 5 percent if a land use hearing is held
2130	pursuant to s. 403.508.
2131	c.  An additional 10 percent if a certification hearing is
2132	held pursuant to s. 403.508.
2133	3.a.  Upon written request with proper itemized accounting
2134	within 90 days after final agency action by the board or
2135	withdrawal of the application, the agencies that prepared
2136	reports pursuant to s. 403.507 or participated in a hearing
2137	pursuant to s. 403.508, may submit a written request to the
2138	department for reimbursement of expenses incurred during the
2139	certification proceedings. The request shall contain an
2140	accounting of expenses incurred which may include time spent
2141	reviewing the application, the department shall reimburse the
2142	Department of Community Affairs, the Fish and Wildlife
2143	Conservation Commission, and any water management district
2144	created pursuant to chapter 373, regional planning council, and
2145	local government in the jurisdiction of which the proposed
2146	electrical power plant is to be located, and any other agency
2147	from which the department requests special studies pursuant to
2148	s. 403.507(2)(a)7. Such reimbursement shall be authorized for
2149	the preparation of any studies required of the agencies by this
2150	act, and for agency travel and per diem to attend any hearing
2151	held pursuant to this act, and for local government's or
2152	regional planning council's provision of additional notice of
2153	the informational public meetings governments to participate in
2154	the proceedings. The department shall review the request and
2155	verify that the expenses are valid. Valid expenses shall be
2156	reimbursed; however, in the event the amount of funds available
2157	for reimbursement allocation is insufficient to provide for full
2158	compensation complete reimbursement to the agencies requesting
2159	reimbursement, reimbursement shall be on a prorated basis.
2160	b.  If the application review is held in abeyance for more
2161	than 1 year, the agencies may submit a request for
2162	reimbursement.
2163	4.  If any sums are remaining, the department shall retain
2164	them for its use in the same manner as is otherwise authorized
2165	by this act; provided, however, that if the certification
2166	application is withdrawn, the remaining sums shall be refunded
2167	to the applicant within 90 days after withdrawal.
2168	(c)1.  A certification modification fee, which shall not
2169	exceed $30,000. The department shall establish rules for
2170	determining such a fee based on the equipment redesign, change
2171	in site size, type, increase in generating capacity proposed, or
2172	change in an associated linear facility location.
2173	2.  The fee shall be submitted to the department with a
2174	formal petition for modification to the department pursuant to
2175	s. 403.516. This fee shall be established, disbursed, and
2176	processed in the same manner as the application fee in paragraph
2177	(b), except that the Division of Administrative Hearings shall
2178	not receive a portion of the fee unless the petition for
2179	certification modification is referred to the Division of
2180	Administrative Hearings for hearing. If the petition is so
2181	referred, only $10,000 of the fee shall be transferred to the
2182	Administrative Trust Fund of the Division of Administrative
2183	Hearings of the Department of Management Services. The fee for a
2184	modification by agreement filed pursuant to s. 403.516(1)(b)
2185	shall be $10,000 to be paid upon the filing of the request for
2186	modification. Any sums remaining after payment of authorized
2187	costs shall be refunded to the applicant within 90 days of
2188	issuance or denial of the modification or withdrawal of the
2189	request for modification.
2190	(d)  A supplemental application fee, not to exceed $75,000,
2191	to cover all reasonable expenses and costs of the review,
2192	processing, and proceedings of a supplemental application. This
2193	fee shall be established, disbursed, and processed in the same
2194	manner as the certification application fee in paragraph (b),
2195	except that only $20,000 of the fee shall be transferred to the
2196	Administrative Trust Fund of the Division of Administrative
2197	Hearings of the Department of Management Services.
2198	(e)  An existing site certification application fee, not to
2199	exceed $200,000, to cover all reasonable costs and expenses of
2200	the review processing and proceedings for certification of an
2201	existing power plant site under s. 403.5175. This fee must be
2202	established, disbursed, and processed in the same manner as the
2203	certification application fee in paragraph (b).
2204	(2)  Effective upon the date commercial operation begins,
2205	the operator of an electrical power plant certified under this
2206	part is required to pay to the department an annual operation
2207	license fee as specified in s. 403.0872(11) to be deposited in
2208	the Air Pollution Control Trust Fund.
2209	Section 40.  Section 403.519, Florida Statutes, is amended
2210	to read:
2211	403.519  Exclusive forum for determination of need.--
2212	(1)  On request by an applicant or on its own motion, the
2213	commission shall begin a proceeding to determine the need for an
2214	electrical power plant subject to the Florida Electrical Power
2215	Plant Siting Act.
2216	(2)  The applicant commission shall publish a notice of the
2217	proceeding in a newspaper of general circulation in each county
2218	in which the proposed electrical power plant will be located.
2219	The notice shall be at least one-quarter of a page and published
2220	at least 21 45 days prior to the scheduled date for the
2221	proceeding. The commission shall publish notice of the
2222	proceeding in the manner specified by chapter 120 at least 21
2223	days prior to the scheduled date for the proceeding.
2224	(3)  The commission shall be the sole forum for the
2225	determination of this matter, which accordingly shall not be
2226	raised in any other forum or in the review of proceedings in
2227	such other forum. In making its determination, the commission
2228	shall take into account the need for electric system reliability
2229	and integrity, the need for adequate electricity at a reasonable
2230	cost, the need for fuel diversity and supply reliability, and
2231	whether the proposed plant is the most cost-effective
2232	alternative available. The commission shall also expressly
2233	consider the conservation measures taken by or reasonably
2234	available to the applicant or its members which might mitigate
2235	the need for the proposed plant and other matters within its
2236	jurisdiction which it deems relevant. The commission's
2237	determination of need for an electrical power plant shall create
2238	a presumption of public need and necessity and shall serve as
2239	the commission's report required by s. 403.407(2)(b)
2240	403.507(2)(a)2. An order entered pursuant to this section
2241	constitutes final agency action.
2242	Section 41.  This act shall take effect July 1, 2006.

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