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.