Florida Senate - 2008 SB 1122

By Senator Saunders

37-02753-08 20081122__

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A bill to be entitled

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An act relating to the siting of power plants and

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transmission lines; amending s. 403.50663, F.S.; revising

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the requirements for notice of certain informational

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public meetings held by a local government or regional

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planning council regarding the siting of an electrical

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power plant; amending s. 403.5115, F.S.; revising

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requirements for providing notice of activities relating

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to the siting of an electrical power plant; requiring that

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a local government or regional planning council publish

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notice of an informational public meeting in a newspaper

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of general circulation; amending s. 403.5272, F.S.;

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revising the requirement for notice of certain

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informational public meetings held by a local government

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or regional planning council regarding the siting of an

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electrical transmission line; amending s. 403.5363, F.S.;

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revising the notice that is required when the

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certification hearing on the siting of an electrical

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transmission line is cancelled; requiring that a local

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government or regional planning council publish notice of

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an informational public meeting in a newspaper of general

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circulation; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (3) of section 403.50663, Florida

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Statutes, is amended to read:

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     403.50663  Informational public meetings.--

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     (3)  A local government or regional planning council that

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intends to conduct an informational public meeting must provide

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notice of the meeting to all parties not less than 15 5 days

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prior to the meeting and to the general public in accordance with

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s. 403.5115(5).

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     Section 2.  Section 403.5115, Florida Statutes, is amended

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to read:

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     403.5115  Public notice.--

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     (1) The following notices shall are to be published by the

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applicant for all applications:

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     (a)  Notice of the filing of a notice of intent under s.

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403.5063, which shall be published within 21 days after the

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filing of the notice. The notice shall be published as specified

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by subsection (2), except that the newspaper notice shall be one-

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fourth page in size in a standard size newspaper or one-half page

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in size in a tabloid size newspaper.

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     (b)  Notice of filing of the application, which shall

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include a description of the proceedings required by this act,

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within 21 days after the date of the application filing. Such

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notice shall give notice of the provisions of s. 403.511(1) and

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(2).

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     (c) If applicable, notice of the land use determination

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made pursuant to s. 403.50665(1) within 21 days after the

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determination is filed.

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     (d) If applicable, notice of the land use hearing, which

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shall be published as specified in subsection (2), no later than

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15 days before the hearing.

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     (e)  Notice of the certification hearing and notice of the

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deadline for filing notice of intent to be a party, which shall

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be published as specified in subsection (2), at least 65 days

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before the date set for the certification hearing.

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     (f)  Notice of the cancellation of the certification

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hearing, if applicable, no later than 3 days before the date of

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the originally scheduled certification hearing.

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     (g)  Notice of modification when required by the department,

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based on whether the requested modification of certification will

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significantly increase impacts to the environment or the public.

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Such notice shall be published as specified under subsection (2):

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     1.  Within 21 days after receipt of a request for

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modification. The newspaper notice shall be of a size as directed

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by the department commensurate with the scope of the

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modification.

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     2.  If a hearing is to be conducted in response to the

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request for modification, then notice shall be published no later

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than 30 days before the hearing.

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     (h) Notice of a supplemental application, which shall be

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published as specified in paragraph (b) and subsection (2).

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     (i) Notice of existing site certification pursuant to s.

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403.5175. Notices shall be published as specified in paragraph

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(b) and subsection (2).

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     (2)  Notices provided by the applicant shall be published in

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newspapers of general circulation within the county or counties

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in which the proposed electrical power plant will be located. The

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newspaper notices shall be at least one-half page in size in a

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standard size newspaper or a full page in a tabloid size

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newspaper. These notices shall include a map generally depicting

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the project and all associated facilities corridors. A newspaper

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of general circulation shall be the newspaper that which has the

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largest daily circulation in that county and has its principal

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office in that county. If the newspaper having with the largest

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daily circulation has its principal office outside the county,

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the notices shall appear in both the newspaper having the largest

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circulation in that county and in a newspaper authorized to

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publish legal notices in that county.

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     (3)  All notices published by the applicant shall be paid

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for by the applicant and shall be in addition to the application

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fee.

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     (4)  The department shall arrange for publication of the

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following notices in the manner specified by chapter 120 and

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provide copies of those notices to any persons who have requested

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to be placed on the departmental mailing list for this purpose

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for each case in which an application has been received by the

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department:

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     (a)  Notice of the filing of the notice of intent within 15

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days after receipt of the notice.

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     (b)  Notice of the filing of the application, no later than

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21 days after the application filing.

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     (c)  Notice of the land use determination made pursuant to

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s. 403.50665(1) within 21 days after the determination is filed.

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     (d)  Notice of the land use hearing before the

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administrative law judge, if applicable, no later than 15 days

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before the hearing.

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     (e)  Notice of the land use hearing before the board, if

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applicable.

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     (f)  Notice of the certification hearing at least 45 days

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before the date set for the certification hearing.

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     (g)  Notice of the cancellation of the certification

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hearing, if applicable, no later than 3 days prior to the date of

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the originally scheduled certification hearing.

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     (h)  Notice of the hearing before the board, if applicable.

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     (i)  Notice of stipulations, proposed agency action, or

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petitions for modification.

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     (5) A local government or regional planning council that

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proposes to conduct an informational public meeting pursuant to

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s. 403.50663 must publish notice of the meeting in a newspaper of

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general circulation within the county or counties in which the

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proposed electrical power plant will be located no later than 7

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days prior to the meeting. A newspaper of general circulation is

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the newspaper that has the largest daily circulation in that

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county and has its principal office in that county. If the

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newspaper having the largest daily circulation has its principal

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office outside the county, the notices shall appear in both the

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newspaper having the largest circulation in that county and in a

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newspaper authorized to publish legal notices in that county.

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     Section 3.  Subsection (3) of section 403.5272, Florida

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Statutes, is amended to read:

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     403.5272  Informational public meetings.--

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     (3)  A local government or regional planning council that

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intends to conduct an informational public meeting must provide

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notice of the meeting, with notice sent to all parties listed in

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s. 403.527(2)(a), not less than 15 5 days before the meeting and

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to the general public in accordance with s. 403.5363(4).

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     Section 4.  Paragraph (c) of subsection (3) of section

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403.5363, Florida Statutes, is amended, and subsection (4) is

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added to that section, to read:

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     403.5363  Public notices; requirements.--

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     (3)  The department shall arrange for the publication of the

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following notices in the manner specified by chapter 120:

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     (c)  The notice of the cancellation of a certification

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hearing, if applicable. The notice must be published not later

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than 3 7 days before the date of the originally scheduled

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certification hearing.

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     (4) A local government or regional planning council that

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proposes to conduct an informational public meeting pursuant to

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s. 403.5272 must publish notice of the meeting in a newspaper of

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general circulation within the county or counties in which the

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proposed electrical transmission line will be located no later

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than 7 days prior to the meeting. A newspaper of general

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circulation is the newspaper that has the largest daily

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circulation in that county and has its principal office in that

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county. If the newspaper having the largest daily circulation has

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its principal office outside the county, the notices shall appear

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in both the newspaper having the largest circulation in that

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county and in a newspaper authorized to publish legal notices in

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that county.

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     Section 5.  This act shall take effect July 1, 2008.

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