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Senator Saunders moved the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 3386-3765

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and insert:

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     Section 52.  Section 403.502, Florida Statutes, is amended

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to read:

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     403.502  Legislative intent.--The Legislature finds that the

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present and predicted growth in electric power demands in this

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state requires the development of a procedure for the selection

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and utilization of sites for electrical generating facilities and

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the identification of a state position with respect to each

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proposed site and its associated facilities. The Legislature

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recognizes that the selection of sites and the routing of

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associated facilities including transmission lines will have a

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significant impact upon the welfare of the population, the

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location and growth of industry, and the use of the natural

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resources of the state. The Legislature finds that the efficiency

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of the permit application and review process at both the state

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and local level would be improved with the implementation of a

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process whereby a permit application would be centrally

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coordinated and all permit decisions could be reviewed on the

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basis of standards and recommendations of the deciding agencies.

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It is the policy of this state that, while recognizing the

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pressing need for increased power generation facilities, the

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state shall ensure through available and reasonable methods that

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the location and operation of electrical power plants will

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produce minimal adverse effects on human health, the environment,

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the ecology of the land and its wildlife, and the ecology of

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state waters and their aquatic life and will not unduly conflict

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with the goals established by the applicable local comprehensive

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plans. It is the intent to seek courses of action that will fully

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balance the increasing demands for electrical power plant

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location and operation with the broad interests of the public.

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Such action will be based on these premises:

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     (1)  To assure the citizens of Florida that operation

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safeguards are technically sufficient for their welfare and

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protection.

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     (2)  To effect a reasonable balance between the need for the

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facility and the environmental impact resulting from construction

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and operation of the facility, including air and water quality,

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fish and wildlife, and the water resources and other natural

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resources of the state.

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     (3)  To meet the need for electrical energy as established

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pursuant to s. 403.519.

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     (4)  To assure the citizens of Florida that renewable energy

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sources and technologies, as well as conservation measures, are

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utilized to the extent reasonably available.

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     Section 53.  Section 403.503, Florida Statutes, is amended

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to read:

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     403.503  Definitions relating to Florida Electrical Power

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Plant Siting Act.--As used in this act:

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     (1)  "Act" means the Florida Electrical Power Plant Siting

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Act.

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     (2)  "Agency," as the context requires, means an official,

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officer, commission, authority, council, committee, department,

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division, bureau, board, section, or other unit or entity of

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government, including a regional or local governmental entity.

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     (3) "Alternative corridor" means an area that is proposed

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by the applicant or a third party within which all or part of an

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associated electrical transmission line right-of-way is to be

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located and that is different from the preferred transmission

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line corridor proposed by the applicant. The width of the

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alternate corridor proposed for certification for an associated

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electrical transmission line may be the width of the proposed

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right-of-way or a wider boundary not to exceed a width of one

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mile. The area within the alternate corridor may be further

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restricted as a condition of certification. The alternate

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corridor may include alternate electrical substation sites if the

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applicant has proposed an electrical substation as part of the

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portion of the proposed electrical transmission line.

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     (4)(3) "Amendment" means a material change in the

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information provided by the applicant to the application for

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certification made after the initial application filing.

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     (5)(4) "Applicant" means any electric utility which applies

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for certification pursuant to the provisions of this act.

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     (6)(5) "Application" means the documents required by the

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department to be filed to initiate a certification review and

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evaluation, including the initial document filing, amendments,

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and responses to requests from the department for additional data

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and information.

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     (7)(6) "Associated facilities" means, for the purpose of

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certification, those on-site and off-site facilities which

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directly support the construction and operation of the electrical

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generating facility power plant such as electrical transmission

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lines, substations, and fuel unloading facilities; pipelines

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necessary for transporting fuel for the operation of the facility

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or other fuel transportation facilities; water or wastewater

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transport pipelines; construction, maintenance, and access roads;

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and railway lines necessary for transport of construction

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equipment or fuel for the operation of the facility.

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     (8)(7) "Board" means the Governor and Cabinet sitting as

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the siting board.

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     (9)(8) "Certification" means the written order of the

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board, or Secretary when applicable, approving an application for

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the licensing of an electrical power plant, in whole or with such

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changes or conditions as the board, or Secretary when applicable,

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may deem appropriate.

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     (10)(9) "Completeness" means that the application has

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addressed all applicable sections of the prescribed application

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format, and that those sections are sufficient in

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comprehensiveness of data or in quality of information provided

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to allow the department to determine whether the application

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provides the reviewing agencies adequate information to prepare

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the reports required by s. 403.507.

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     (11)(10) "Corridor" means the proposed area within which an

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associated linear facility right-of-way is to be located. The

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width of the corridor proposed for certification as an associated

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facility, at the option of the applicant, may be the width of the

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right-of-way or a wider boundary, not to exceed a width of 1

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mile. The area within the corridor in which a right-of-way may be

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located may be further restricted by a condition of

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certification. After all property interests required for the

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right-of-way have been acquired by the licensee, the boundaries

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of the area certified shall narrow to only that land within the

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boundaries of the right-of-way. The corridors proper for

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certification shall be those addressed in the application, in

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amendments to the application filed under s. 403.5064, and in

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notices of acceptance of proposed alternate corridors filed by an

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applicant and the department pursuant to s. 403.5271 as

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incorporated by reference in s. 403.5064(1)(b) for which the

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required information for the preparation of agency supplemental

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reports was filed.

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     (12)(11) "Department" means the Department of Environmental

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Protection.

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     (13)(12) "Designated administrative law judge" means the

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administrative law judge assigned by the Division of

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Administrative Hearings pursuant to chapter 120 to conduct the

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hearings required by this act.

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     (14)(13) "Electrical power plant" means, for the purpose of

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certification, any steam or solar electrical generating facility

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using any process or fuel, including nuclear materials, except

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that this term does not include any steam or solar electrical

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generating facility of less than 75 megawatts in capacity unless

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the applicant for such a facility elects to apply for

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certification under this act. This term also includes the site,

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all associated facilities that will to be owned by the applicant

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that which are physically connected to the electrical power plant

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site; all associated facilities that or which are indirectly

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directly connected to the electrical power plant site by other

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proposed associated facilities that will to be owned by the

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applicant;, and associated transmission lines that will to be

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owned by the applicant that which connect the electrical

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generating facility power plant to an existing transmission

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network or rights-of-way to of which the applicant intends to

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connect. At the applicant's option, this term may include any

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offsite associated facilities that which will not be owned by the

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applicant; offsite associated facilities that which are owned by

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the applicant but which are not directly connected to the

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electrical power plant site; any proposed terminal or

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intermediate substations or substation expansions connected to

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the associated transmission line; or new transmission lines,

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upgrades, or improvements of an existing transmission line on any

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portion of the applicant's electrical transmission system

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necessary to support the generation injected into the system from

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the proposed electrical generating facility power plant.

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     (15)(14) "Electric utility" means cities and towns,

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counties, public utility districts, regulated electric companies,

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electric cooperatives, and joint operating agencies, or

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combinations thereof, engaged in, or authorized to engage in, the

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business of generating, transmitting, or distributing electric

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energy.

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     (16)(15) "Federally delegated or approved permit program"

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means any environmental regulatory program approved by an agency

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of the Federal Government so as to authorize the department to

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administer and issue licenses pursuant to federal law, including,

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but not limited to, new source review permits, operation permits

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for major sources of air pollution, and prevention of significant

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deterioration permits under the Clean Air Act (42 U.S.C. ss. 7401

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et seq.), permits under ss. 402 and 404 of the Clean Water Act

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(33 U.S.C. ss. 1251 et seq.), and permits under the Resource

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Conservation and Recovery Act (42 U.S.C. ss. 6901 et seq.).

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     (17)(16) "License" means a franchise, permit,

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certification, registration, charter, comprehensive plan

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amendment, development order or permit as defined in chapters 163

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and 380, or similar form of authorization required by law,

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including permits issued under federally delegated or approved

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permit programs, but it does not include a license required

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primarily for revenue purposes when issuance of the license is

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merely a ministerial act.

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     (18)(17) "Licensee" means an applicant that has obtained a

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certification order for the subject project.

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     (19)(18) "Local government" means a municipality or county

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in the jurisdiction of which the electrical power plant is

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proposed to be located.

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     (20)(19) "Modification" means any change in the

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certification order after issuance, including a change in the

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conditions of certification.

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     (21)(20) "Nonprocedural requirements of agencies" means any

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agency's regulatory requirements established by statute, rule,

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ordinance, zoning ordinance, land development code, or

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comprehensive plan, excluding any provisions prescribing forms,

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fees, procedures, or time limits for the review or processing of

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information submitted to demonstrate compliance with such

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regulatory requirements.

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     (22)(21) "Notice of intent" means that notice which is

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filed with the department on behalf of an applicant prior to

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submission of an application pursuant to this act and which

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notifies the department of an intent to file an application.

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     (23)(22) "Person" means an individual, partnership, joint

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venture, private or public corporation, association, firm, public

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service company, political subdivision, municipal corporation,

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government agency, public utility district, or any other entity,

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public or private, however organized.

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     (24)(23) "Preliminary statement of issues" means a listing

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and explanation of those issues within the agency's jurisdiction

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which are of major concern to the agency in relation to the

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proposed electrical power plant.

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     (25)(24) "Public Service Commission" or "commission" means

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the agency created pursuant to chapter 350.

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     (26)(25) "Regional planning council" means a regional

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planning council as defined in s. 186.503(4) in the jurisdiction

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of which the electrical power plant is proposed to be located.

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     (27)(26) "Right-of-way" means land necessary for the

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construction and maintenance of a connected associated linear

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facility, such as a railroad line, pipeline, or transmission line

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as owned by or proposed to be certified by the applicant. The

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typical width of the right-of-way shall be identified in the

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application. The right-of-way shall be located within the

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certified corridor and shall be identified by the applicant

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subsequent to certification in documents filed with the

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department prior to construction.

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     (28)(27) "Site" means any proposed location within which

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will be located wherein an electrical power plant's generating

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facility and on-site support facilities plant, or an electrical

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power plant alteration or addition of electrical generating

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facilities and on-site on-location support facilities resulting

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in an increase in generating capacity, will be located, including

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offshore sites within state jurisdiction.

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     (29)(28) "State comprehensive plan" means that plan set

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forth in chapter 187.

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     (30)(29) "Ultimate site capacity" means the maximum gross

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generating capacity for a site as certified by the board, or

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Secretary when applicable, unless otherwise specified as nte

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generating capacity.

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     (31)(30) "Water management district" means a water

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management district, created pursuant to chapter 373, in the

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jurisdiction of which the electrical power plant is proposed to

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be located.

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     Section 54.  Section 403.504, Florida Statutes, is amended

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to read:

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     403.504  Department of Environmental Protection; powers and

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duties enumerated.--The department shall have the following

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powers and duties in relation to this act:

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     (1)  To adopt rules pursuant to ss. 120.536(1) and 120.54 to

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implement the provisions of this act, including rules setting

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forth environmental precautions to be followed in relation to the

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location, construction, and operation of electrical power plants.

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     (2)  To prescribe the form and content of the public notices

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and the notice of intent and the form, content, and necessary

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supporting documentation and studies to be prepared by the

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applicant for electrical power plant site certification

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applications.

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     (3)  To receive applications for electrical power plant site

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certifications and to determine the completeness and sufficiency

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thereof.

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     (4)  To make, or contract for, studies of electrical power

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plant site certification applications.

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     (5)  To administer the processing of applications for

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electric power plant site certifications and to ensure that the

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applications are processed as expeditiously as possible.

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     (6)  To require such fees as allowed by this act.

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     (7)  To conduct studies and prepare a project analysis under

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s. 403.507.

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     (8)  To prescribe the means for monitoring the effects

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arising from the construction and operation of electrical power

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plants to assure continued compliance with terms of the

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certification.

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     (9) To determine whether an alternate corridor proposed for

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consideration under s. 403.5064(4) is acceptable.

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     (10)(9) To issue final orders after receipt of the

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administrative law judge's order relinquishing jurisdiction

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pursuant to s. 403.508(6).

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     (11)(10) To act as clerk for the siting board.

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     (12)(11) To administer and manage the terms and conditions

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of the certification order and supporting documents and records

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for the life of the electrical power plant facility.

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     (13)(12) To issue emergency orders on behalf of the board

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for facilities licensed under this act.     

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     Section 55.  Subsection (1) of section 403.506, Florida

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Statutes, is amended and subsection (3) is added to read:

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     403.506  Applicability, thresholds, and certification.--

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     (1)  The provisions of this act shall apply to any

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electrical power plant as defined herein, except that the

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provisions of this act shall not apply to any electrical power

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plant or steam generating plant of less than 75 megawatts in

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gross capacity including its or to any associated facilities

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substation to be constructed as part of an associated

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transmission line unless the applicant has elected to apply for

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certification of such electrical power plant or substation under

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this act. The provisions of this act shall not apply to any unit

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capacity expansions of 75 35 megawatts or less, in the aggregate,

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of an existing exothermic reaction cogeneration electrical

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generating facility unit that was exempt from this act when it

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was originally built; however, this exemption shall not apply if

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the unit uses oil or natural gas for purposes other than unit

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startup. No construction of any new electrical power plant or

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expansion in steam generating capacity as measured by an increase

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in the maximum electrical generator rating of any existing

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electrical power plant may be undertaken after October 1, 1973,

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without first obtaining certification in the manner as herein

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provided, except that this act shall not apply to any such

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electrical power plant which is presently operating or under

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construction or which has, upon the effective date of chapter 73-

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33, Laws of Florida, applied for a permit or certification under

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requirements in force prior to the effective date of such act.

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     (3) An electric utility may obtain separate licenses,

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permits, and approvals for the construction of facilities

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necessary to construct an electrical power plant without first

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obtaining certification under this act if the utility intends to

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locate, license, and construct a proposed or expanded electrical

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power plant that uses nuclear materials as fuel. Such facilities

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may include, but are not limited to, access and onsite roads,

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rail lines, electrical transmission facilities to support

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construction, and facilities necessary for waterborne delivery of

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construction materials and project components. This exemption

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applies to such facilities regardless of whether the facilities

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are used for operation of the power plant. The applicant shall

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file with the department a statement that declares that the

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construction of such facilities is necessary for the timely

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construction of the proposed electrical power plant and

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identifies those facilities that the applicant intends to seek

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licenses for and construct prior to or separate from

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certification of the project. The facilities may be located

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within or off of the site for the proposed electrical power

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plant. The filing of an application under this act does not

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affect other applications for separate licenses which are pending

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at the time of filing the application. Furthermore, the filing of

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an application does not prevent an electric utility from seeking

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separate licenses for facilities that are necessary to construct

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the electrical power plant. Licenses, permits, or approvals

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issued by any state, regional, or local agency for such

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facilities shall be incorporated by the department into a final

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certification upon completion of construction. Any facilities

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necessary for construction of the electrical power plant shall

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become part of the certified electrical power plant upon

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completion of the electrical power plant's construction. The

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exemption in this subsection does not require or authorize agency

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rulemaking, and any action taken under this subsection is not

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subject to chapter 120. This subsection shall be given

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retroactive effect and applies to applications filed after May 1,

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2008.

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     Section 56.  Subsections (1) and(4) of section 403.5064,

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Florida Statutes, are amended to read:

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     403.5064  Application; schedules.--

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     (1)  The formal date of filing of a certification

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application and commencement of the certification review process

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shall be when the applicant submits:

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     (a)  Copies of the certification application in a quantity

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and format as prescribed by rule to the department and other

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agencies identified in s. 403.507(2)(a).

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     (b) A statement affirming that the applicant is opting to

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allow consideration of alternate corridors for an associated

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transmission line corridors. If alternate corridors are allowed,

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at the applicant's option, the portion of the application

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addressing associated transmission line corridors shall be

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processed pursuant to the schedule set forth in ss. 403.521-

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43.526, 403.527(4), and 403.5271, including the opportunity for

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the filing of alternate corridors, provided, however, if such

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alternate corridors are filed, the certification hearing shall

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not be rescheduled as allowed by ss. 403.527(1)(b)1. and 2.

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     (c)(b) The application fee specified under s. 403.518 to

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the department.

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     (4)  Within 7 days after the filing of an application, the

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department shall prepare a proposed schedule of dates for

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determination of completeness, submission of statements of

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issues, submittal of final reports, and other significant dates

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to be followed during the certification process, including dates

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for filing notices of appearance to be a party pursuant to s.

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403.508(3). If the application includes one or more associated

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transmission line corridors, at the request of the applicant

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filed concurrently with the application, the department shall

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incorporate the application processing schedule of the Florida

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electric Transmission Line Siting Act, ss. 403.521-403.526,

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403.527(4), and 403.5271 for the associated transmission line

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corridors, including the opportunity for the filing and review of

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alternate corridors, if a party proposes alternate transmission

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line corridor routes for consideration no later than 165 days

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prior to the scheduled certification hearing. Notwithstanding an

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applicant's option for the transmission line corridor portion of

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its application to be processed under the proposed schedule, only

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one certification hearing will be held for the entire power plant

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in accordance with s. 403.508(2). The proposed This schedule

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shall be timely provided by the department to the applicant, the

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administrative law judge, all agencies identified pursuant to

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subsection (2), and all parties. Within 7 days after the filing

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of the proposed schedule, the administrative law judge shall

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issue an order establishing a schedule for the matters addressed

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in the department's proposed schedule and other appropriate

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matters, if any.

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          Section 57.  Subsection (1) of section 403.5065,

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Florida Statutes, is amended to read:

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     403.5065  Appointment of administrative law judge; powers

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and duties.--

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     (1)  Within 7 days after receipt of an application, the

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department shall request the Division of Administrative Hearings

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to designate an administrative law judge to conduct the hearings

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required by this act. The division director shall designate an

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administrative law judge within 7 days after receipt of the

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request from the department. In designating an administrative law

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judge for this purpose, the division director shall, whenever

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practicable, assign an administrative law judge who has had prior

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experience or training in electrical power plant site

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certification proceedings. Upon being advised that an

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administrative law judge has been appointed, the department shall

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immediately file a copy of the application and all supporting

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documents with the designated administrative law judge, who shall

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docket the application.

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     Section 58.  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

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with the provisions of s. 403.5115(5). The expense for such

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notice is eligible for reimbursement under the provisions of s.

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403.518(2)(c)1.

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     Section 59.  Section 403.50665, Florida Statutes, is amended

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to read:

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     403.50665  Land use consistency.--

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     (1)  The applicant shall include in the application a

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statement on the consistency of the site and or any directly

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associated facilities that constitute "development," as defined

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in s. 380.04, with existing land use plans and zoning ordinances

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that were in effect on the date the application was filed and a

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full description of such consistency. This information shall

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include an identification of those associated facilities that the

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applicant believes are exempt from the requirements of land use

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plans and zoning ordinances under the provisions of the Local

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Government Comprehensive Planning and Land Development Regulation

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Act provisions of Chapter 163 and s. 380.04(3).

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     (2)(a) Within 45 days after the filing of the application,

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each local government shall file a determination with the

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department, the applicant, the administrative law judge, and all

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parties on the consistency of the site, and or any directly

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associated facilities that are not exempt from the requirements

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of land use plans and zoning ordinances under the provisions of

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chapter 163 and s. 380.04(3), with existing land use plans and

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zoning ordinances that were in effect on the date the application

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was filed, based on the information provided in the application.

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However, this requirement does not apply to any new electrical

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generation unit proposed to be constructed and operated:

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     1. On the site of a previously certified electrical power

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plant; or

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     2. On the site of a power plant that was not previously

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certified that will be wholly contained within the boundaries of

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the existing site.

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     (b) The local government may issue its determination up to

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55 35 days later if the application has been determined

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incomplete based in whole or part upon a local government request

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for has requested additional information on land use and zoning

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consistency as part of the local government's statement on

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completeness of the application submitted pursuant to s.

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403.5066(1)(a). Incompleteness of information necessary for a

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local government to evaluate an application may be claimed by the

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local government as cause for a statement of inconsistency with

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existing land use plans and zoning ordinances.

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     (c) Notice of the consistency determination shall be

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published in accordance with the requirements of s. 403.5115.

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     (3)(a) If the local government issues a determination that

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the proposed site and any non-exempt associated facilities are

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electrical power plant is not consistent or in compliance with

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local land use plans and zoning ordinances, the applicant may

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apply to the local government for the necessary local approval to

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address the inconsistencies identified in the local government's

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determination.

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     (b) If the applicant makes such an application to the local

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government, the time schedules under this act shall be tolled

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until the local government issues its revised determination on

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land use and zoning or the applicant otherwise withdraws its

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application to the local government.

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     (c) If the applicant applies to the local government for

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necessary local land use or zoning approval, the local government

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shall commence a proceeding to consider the application for land

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use or zoning approval within 45 days of receipt of the complete

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request, and shall issue a revised determination within 30 days

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following the conclusion of that local proceeding., and The time

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schedules and notice requirements under this act shall apply to

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such revised determination.

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     (4)  If any substantially affected person wishes to dispute

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the local government's determination, he or she shall file a

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petition with the designated administrative law judge department

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within 21 days after the publication of notice of the local

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government's determination. If a hearing is requested, the

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provisions of s. 403.508(1) shall apply.

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     (5)  The dates in this section may be altered upon agreement

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between the applicant, the local government, and the department

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pursuant to s. 403.5095.

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     (6)  If it is determined by the local government that the

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proposed site or non-exempt directly associated facility does

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conform with existing land use plans and zoning ordinances in

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effect as of the date of the application and no petition has been

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filed, the responsible zoning or planning authority shall not

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thereafter change such land use plans or zoning ordinances so as

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to foreclose construction and operation of the proposed site or

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directly associated facilities unless certification is

498

subsequently denied or withdrawn.

499

     (7) The issue of land use and zoning consistency for any

500

proposed alternate intermediate electrical substation which is

501

proposed as part of an alternate electrical transmission line

502

corridor which is accepted by the applicant and the department

503

under s. 403.5271(1)(b) shall be addressed in the supplementary

504

report prepared by the local government on the proposed alternate

505

corridor and shall be considered as an issue at any final

506

certification hearing. If such a proposed intermediate

507

electrical substation is determined to not be consistent with

508

local land use plans and zoning ordinances, then that alternate

509

electrical substation shall not be certified.

510

     Section 60.  Paragraph (a) of subsection (2) of section

511

403.507, Florida Statutes, is amended to read:

512

     403.507  Preliminary statements of issues, reports, project

513

analyses, and studies.--

514

     (2)(a) The No later than 100 days after the certification

515

application has been determined complete, the following agencies

516

shall prepare reports as provided below and shall submit them to

517

the department and the applicant no later than 100 days after the

518

certification application has been determined complete, unless a

519

final order denying the Determination of Need has been issued

520

under the provisions of s. 403.519:

521

     1.  The Department of Community Affairs shall prepare a

522

report containing recommendations which address the impact upon

523

the public of the proposed electrical power plant, based on the

524

degree to which the electrical power plant is consistent with the

525

applicable portions of the state comprehensive plan, emergency

526

management, and other such matters within its jurisdiction. The

527

Department of Community Affairs may also comment on the

528

consistency of the proposed electrical power plant with

529

applicable strategic regional policy plans or local comprehensive

530

plans and land development regulations.

531

     2.  The water management district shall prepare a report as

532

to matters within its jurisdiction, including but not limited to,

533

the impact of the proposed electrical power plant on water

534

resources, regional water supply planning, and district-owned

535

lands and works.

536

     3.  Each local government in whose jurisdiction the proposed

537

electrical power plant is to be located shall prepare a report as

538

to the consistency of the proposed electrical power plant with

539

all applicable local ordinances, regulations, standards, or

540

criteria that apply to the proposed electrical power plant,

541

including any applicable local environmental regulations adopted

542

pursuant to s. 403.182 or by other means.

543

     4.  The Fish and Wildlife Conservation Commission shall

544

prepare a report as to matters within its jurisdiction.

545

     5.  Each regional planning council shall prepare a report

546

containing recommendations that address the impact upon the

547

public of the proposed electrical power plant, based on the

548

degree to which the electrical power plant is consistent with the

549

applicable provisions of the strategic regional policy plan

550

adopted pursuant to chapter 186 and other matters within its

551

jurisdiction.

552

     6.  The Department of Transportation shall address the

553

impact of the proposed electrical power plant on matters within

554

its jurisdiction.

555

     (b)  Any other agency, if requested by the department, shall

556

also perform studies or prepare reports as to matters within that

557

agency's jurisdiction which may potentially be affected by the

558

proposed electrical power plant.

559

     Section 61.  Subsection (1) of section 403.508, Florida

560

Statutes, is amended to read:

561

     403.508  Land use and certification hearings, parties,

562

participants.--

563

     (1)(a) Within 5 days after the filing of If a petition for

564

a hearing on land use has been filed pursuant to s. 403.50665,

565

the designated administrative law judge shall schedule conduct a

566

land use hearing to be conducted in the county of the proposed

567

site, or directly associated facility that is not exempt from the

568

requirements of land use plans and zoning ordinaces under the

569

provisions of chapter 163 and s. 380.043(3), as applicable, as

570

expeditiously as possible, but not later than 30 days after the

571

designated administrative law judge's department's receipt of the

572

petition. The place of such hearing shall be as close as possible

573

to the proposed site or directly associated facility. If a

574

petition is filed, the hearing shall be held regardless of the

575

status of the completeness of the application. However,

576

incompleteness of information necessary for a local government to

577

evaluate an application may be claimed by the local government as

578

cause for a statement of inconsistency with existing land use

579

plans and zoning ordinances under s. 403.50665.

580

     (b)  Notice of the land use hearing shall be published in

581

accordance with the requirements of s. 403.5115.

582

     (c)  The sole issue for determination at the land use

583

hearing shall be whether or not the proposed site or non-exempt

584

associated facility is consistent and in compliance with existing

585

land use plans and zoning ordinances. If the administrative law

586

judge concludes that the proposed site or non-exempt associated

587

facility is not consistent or in compliance with existing land

588

use plans and zoning ordinances, the administrative law judge

589

shall receive at the hearing evidence on, and address in the

590

recommended order any changes to or approvals or variances under,

591

the applicable land use plans or zoning ordinances which will

592

render the proposed site or non-exempt associate facility

593

consistent and in compliance with the local land use plans and

594

zoning ordinances.

595

     (d)  The designated administrative law judge's recommended

596

order shall be issued within 30 days after completion of the

597

hearing and shall be reviewed by the board within 60 days after

598

receipt of the recommended order by the board.

599

     (e)  If it is determined by the board that the proposed site

600

or non-exempt associate facility does conform with existing land

601

use plans and zoning ordinances in effect as of the date of the

602

application, or as otherwise provided by this act, the

603

responsible zoning or planning authority shall not thereafter

604

change such land use plans or zoning ordinances so as to

605

foreclose construction and operation of the proposed electrical

606

power plant on the proposed site or directly associated

607

facilities unless certification is subsequently denied or

608

withdrawn.

609

     (f)  If it is determined by the board that the proposed site

610

or non-exempt associated facility does not conform with existing

611

land use plans and zoning ordinances, the board may, if it

612

determines after notice and hearing and upon consideration of the

613

recommended order on land use and zoning issues that it is in the

614

public interest to authorize the use of the land as a site for a

615

site or associated facility an electrical power plant, authorize

616

a variance or other necessary approval to the adopted land use

617

plan and zoning ordinances required to render the proposed site

618

or associated facility consistent with local land use plans and

619

zoning ordinances. The board's action shall not be controlled by

620

any other procedural requirements of law. In the event a variance

621

or other approval is denied by the board, it shall be the

622

responsibility of the applicant to make the necessary application

623

for any approvals determined by the board as required to make the

624

proposed site or associated facility consistent and in compliance

625

with local land use plans and zoning ordinances. No further

626

action may be taken on the complete application until the

627

proposed site or associated facility conforms to the adopted land

628

use plan or zoning ordinances or the board grants relief as

629

provided under this act.

630

     (2)(a)  A certification hearing shall be held by the

631

designated administrative law judge no later than 265 days after

632

the application is filed with the department. The certification

633

hearing shall be held at a location in proximity to the proposed

634

site. At the conclusion of the certification hearing, the

635

designated administrative law judge shall, after consideration of

636

all evidence of record, submit to the board a recommended order

637

no later than 45 days after the filing of the hearing transcript.

638

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

639

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

640

made in accordance with the requirements of s. 403.5115.

641

     Section 62.  Subsections(3),(4), and (5) of section 403.509,

642

Florida Statutes, are amended and a new subsection (4) is added

643

to read:

644

     403.509  Final disposition of application.--

645

     (3)  In determining whether an application should be

646

approved in whole, approved with modifications or conditions, or

647

denied, the board, or secretary when applicable, shall consider

648

whether, and the extent to which, the location, construction and

649

operation of the electrical power plant and directly associated

650

facilities and their construction and operation will:

651

     (a)  Provide reasonable assurance that operational

652

safeguards are technically sufficient for the public welfare and

653

protection.

654

     (b)  Comply with applicable nonprocedural requirements of

655

agencies.

656

     (c)  Be consistent with applicable local government

657

comprehensive plans and land development regulations.

658

     (d)  Meet the electrical energy needs of the state in an

659

orderly, reliable, and timely fashion.

660

     (e)  Effect a reasonable balance between the need for the

661

facility as established pursuant to s. 403.519 and the impacts

662

upon air and water quality, fish and wildlife, water resources,

663

and other natural resources of the state resulting from the

664

construction and operation of the facility.

665

     (f)  Minimize, through the use of reasonable and available

666

methods, the adverse effects on human health, the environment,

667

and the ecology of the land and its wildlife and the ecology of

668

state waters and their aquatic life.

669

     (g)  Serve and protect the broad interests of the public.

670

      (4)(a) Any transmission line corridor certified by the

671

board, or secretary if applicable, shall meet the criteria of

672

this section. When more than one transmission line corridor is

673

proper for certification under s. 403.503(11) and meets the

674

criteria of this section, the board, or secretary if applicable,

675

shall certify the transmission line corridor that has the least

676

adverse impact regarding the criteria in subsection (3),

677

including costs.

678

     (b) If the board, or secretary if applicable, finds that an

679

alternate corridor rejected pursuant to s. 403.5271 as

680

incorporated by reference in s. 403.5064(1)(b) meets the criteria

681

of subsection (3) and has the least adverse impact regarding the

682

criteria in subsection (3), the board, or secretary if

683

applicable, shall deny certification or shall allow the applicant

684

to submit an amended application to include the corridor.

685

     (c) If the board, or secretary if applicable, finds that

686

two or more of the corridors that comply with subsection (3) have

687

the least adverse impacts regarding the criteria in subsection

688

(3), including costs, and that the corridors are substantially

689

equal in adverse impacts regarding the criteria in subsection

690

(3), including costs, the board, or secretary if applicable,

691

shall certify the corridor preferred by the applicant if the

692

corridor is one proper for certification under s. 403.503(11).

693

     (5)(4) The department's action on a federally required new

694

source review or prevention of significant deterioration permit

695

shall differ from the actions taken by the siting board regarding

696

the certification if the federally approved state implementation

697

plan requires such a different action to be taken by the

698

department. Nothing in this part shall be construed to displace

699

the department's authority as the final permitting entity under

700

the federally approved permit program. Nothing in this part shall

701

be construed to authorize the issuance of a new source review or

702

prevention of significant deterioration permit which does not

703

conform to the requirements of the federally approved state

704

implementation plan.

705

     (6)(5) For certifications issued by the board in regard to

706

the properties and works of any agency which is a party to the

707

certification hearing, the board shall have the authority to

708

decide issues relating to the use, the connection thereto, or the

709

crossing thereof, for the electrical power plant and directly

710

associated facilities and to direct any such agency to execute,

711

within 30 days after the entry of certification, the necessary

712

license or easement for such use, connection, or crossing,

713

subject only to the conditions set forth in such certification.

714

For certifications issued by the department in regard to the

715

properties and works of any agency which is a party to the

716

proceeding, any stipulation filed pursuant to s. 403.508(6)(a)

717

must include a stipulation regarding any issues relating to the

718

use, the connection thereto, or the crossing thereof, for the

719

electrical power plant. Any agency stipulating to the use,

720

connection to, or crossing of its property must agree to execute,

721

within 30 days after the entry of certification, the necessary

722

license or easement for such use, connection, or crossing,

723

subject only to the conditions set forth in such certification.

724

     Section 63.  Subsections (1), and (6) of section 403.511,

725

Florida Statutes, are amended to read:

726

     403.511  Effect of certification.--

727

     (1)  Subject to the conditions set forth therein, any

728

certification shall constitute the sole license of the state and

729

any agency as to the approval of the location of the site and any

730

associated facility and the construction and operation of the

731

proposed electrical power plant, except for the issuance of

732

department licenses required under any federally delegated or

733

approved permit program and except as otherwise provided in

734

subsection (4).

735

     (6) No term or condition of an electrical power plant a

736

site certification shall be interpreted to supersede or control

737

the provisions of a final operation permit for a major source of

738

air pollution issued by the department pursuant to s. 403.0872 to

739

a facility certified under this part.

740

     Section 64.  Subsection (1) of section 403.5112, Florida

741

Statutes, is amended to read:

742

     403.5112  Filing of notice of certified corridor route.--

743

     (1) Within 60 days after certification of an a directly

744

associated linear facility pursuant to this act, the applicant

745

shall file, in accordance with s. 28.222, with the department and

746

the clerk of the circuit court for each county through which the

747

corridor will pass, a notice of the certified route.

748

     Section 65.  Section 403.5113, Florida Statutes, is amended

749

to read:

750

     403.5113 Postcertification amendments and review.--

751

     (1) POSTCERTIFICATION AMENDMENTS.--

752

     (a) If, subsequent to certification by the board, a

753

licensee proposes any material change to the application and

754

revisions or amendments thereto, as certified, the licensee shall

755

submit a written request for amendment and a description of the

756

proposed change to the application to the department. Within 30

757

days after the receipt of the request for the amendment, the

758

department shall determine whether the proposed change to the

759

application requires a modification of the conditions of

760

certification.

761

     (a)(2) If the department concludes that the change would

762

not require a modification of the conditions of certification,

763

the department shall provide written notification of the approval

764

of the proposed amendment to the licensee, all agencies, and all

765

other parties.

766

     (c)(3) If the department concludes that the change would

767

require a modification of the conditions of certification, the

768

department shall provide written notification to the licensee

769

that the proposed change to the application requires a request

770

for modification pursuant to s. 403.516.

771

     (2)(4) POSTCERTIFICATION REVIEW.--Postcertification

772

submittals filed by the licensee with one or more agencies are

773

for the purpose of monitoring for compliance with the issued

774

certification and must be reviewed by the agencies on an

775

expedited and priority basis because each facility certified

776

under this act is a critical infrastructure facility. In no event

777

shall a postcertification review be completed in more than 90

778

days after complete information is submitted to the reviewing

779

agencies.

780

     Section 66.  Section 403.5115, Florida Statutes, is amended

781

to read:

782

     403.5115  Public notice.--

783

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

784

applicant:

785

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

786

403.5063, which shall be published within 21 days after the

787

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

788

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

789

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

790

in size in a tabloid size newspaper.

791

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

792

include a description of the proceedings required by this act,

793

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

794

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

795

(2).

796

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

797

made pursuant to s. 403.50665(2)(1) within 21 days after the

798

deadline for the filing of the determination is filed.

799

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

800

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

801

15 days before the hearing.

802

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

803

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

804

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

805

before the date set for the certification hearing. If one or more

806

alternate corridors have been accepted for consideration, the

807

notice of the certification hearing shall include a map of all

808

corridors proposed for certification.

809

     (f) Notice of revised deadline for filing alternate

810

corridors, if the certification hearing is rescheduled to adate

811

other than as published in the notice of filing of the

812

application. This notice shall be published at least 185 days

813

before the rescheduled certification hearing and as specified in

814

paragraph (2) except no map is required and the size of the

815

notice shall be no less than six square inches.

816

     (g)(f) Notice of the cancellation of the certification

817

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

818

the originally scheduled certification hearing. The newspaper

819

notice shall be one-forth page in size in a standard size

820

newspaper or one-half page in size in a tabloid size newspaper.

821

     (h)(g) Notice of modification when required by the

822

department, based on whether the requested modification of

823

certification will significantly increase impacts to the

824

environment or the public. Such notice shall be published as

825

specified under subsection (2):

826

     1.  Within 21 days after receipt of a request for

827

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

828

by the department commensurate with the scope of the

829

modification.

830

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

831

request for modification, then notice shall be published no later

832

than 30 days before the hearing.

833

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

834

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

835

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

836

403.5175. Notices shall be published as specified in paragraph

837

(b) and subsection (2).

838

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

839

newspapers of general circulation within the county or counties

840

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

841

newspaper notices, unless otherwise specified, shall be at least

842

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

843

in a tabloid size newspaper. These notices shall include a map

844

generally depicting the project and all associated facilities

845

corridors. A newspaper of general circulation shall be the

846

newspaper which has the largest daily circulation in that county

847

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

848

with the largest daily circulation has its principal office

849

outside the county, the notices shall appear in both the

850

newspaper having the largest circulation in that county and in a

851

newspaper authorized to publish legal notices in that county.

852

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

853

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

854

fee.

855

     (4)  The department shall arrange for publication of the

856

following notices in the manner specified by chapter 120 and

857

provide copies of those notices to any persons who have requested

858

to be placed on the departmental mailing list for this purpose

859

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

860

department:

861

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

862

days after receipt of the notice.

863

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

864

21 days after the application filing.

865

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

866

s. 403.50665(2)(1) within 21 days after the deadline for the

867

filing of the determination is filed.

868

     (d)  Notice of the land use hearing before the

869

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

870

before the hearing.

871

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

872

applicable.

873

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

874

before the date set for the certification hearing.

875

     (g) Notice of revised deadline for filing alternate

876

corridors, if the certification hearing is rescheduled to a date

877

other than as published in the notice of filing of the

878

application. This notice shall be published at least 185 days

879

before the rescheduled certification hearing.

880

     (h)(g) Notice of the cancellation of the certification

881

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

882

the originally scheduled certification hearing.

883

     (i)(h) Notice of the hearing before the board, if

884

applicable.

885

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

886

petitions for modification.

887

     (5) A local government or regional planning council that

888

proposes to conduct an informational public meeting pursuant to

889

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

890

general circulation within the county or counties in which the

891

proposed electrical power plant will be located no later than 7

892

days prior to the meeting. A newspaper of general circulation

893

shall be the newspaper which has the largest daily circulation in

894

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

895

newspaper with the largest daily circulation has its principal

896

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

897

newspaper having the largest circulation in that county and in a

898

newspaper authorized to publish legal notices in that county.

899

     (6)(a) A good faith effort shall be made by the applicant

900

to provide direct written notice of the filing of an application

901

for certification by U.S. mail or hand delivery no later than 45

902

days after filing of the application to all local landowners

903

whose property, as noted in the most recent local government tax

904

records, and residences, are located within the following

905

distances of the proposed project:

906

     1. Five miles of the proposed main site boundaries of the

907

proposed electrical power plant.

908

     2. One-quarter mile of the proposed boundaries of all

909

linear associated facilities extending away from the main site

910

boundary, such as any proposed electrical transmission line

911

corridors as defined in s. 403.522(22).

912

     (b) No later than 60 days from the filing of an application

913

for certification, the applicant shall file a list with the

914

department's Siting Coordination Office of landowners and

915

residences that were notified.

916

     (7)(a) A good faith effort shall be made by the proponent

917

of an alternate corridor to provide direct written notice of the

918

filing of an alternate corridor for certification by U.S. mail or

919

hand delivery of the filing of no later than 30 days after filing

920

of the alternate corridor to all local landowners whose property,

921

as noted in the most recent local government tax records, and

922

residences, are located within one-quarter mile of the proposed

923

boundaries of the proposed alternate transmission line corridor

924

that includes a transmission line as defined in s. 403.522(22).

925

     (b) No later than 45 days from the filing of an alternate

926

corridor for certification, the proponent of an alternate

927

corridor shall file a list with the department's Siting

928

Coordination Office of landowners and residences that were

929

notified.

930

     Section 67.  Subsection (1) of section 403.516, Florida

931

Statutes, is amended to read:

932

     403.516  Modification of certification.--

933

     (1)  A certification may be modified after issuance in any

934

one of the following ways:

935

     (a)  The board may delegate to the department the authority

936

to modify specific conditions in the certification.

937

     (b)1.  The department may modify specific conditions of a

938

site certification which are inconsistent with the terms of any

939

federally delegated or approved permit for the certified

940

electrical power plant.

941

     2.  Such modification may be made without further notice if

942

the matter has been previously noticed under the requirements for

943

any federally delegated or approved permit program.

944

     (c)  The licensee may file a petition for modification with

945

the department, or the department may initiate the modification

946

upon its own initiative.

947

     1.  A petition for modification must set forth:

948

     a.  The proposed modification.

949

     b.  The factual reasons asserted for the modification.

950

     c.  The anticipated environmental effects of the proposed

951

modification.

952

     2.  The department may modify the terms and conditions of

953

the certification if no party to the certification hearing

954

objects in writing to such modification within 45 days after

955

notice by mail to such party's last address of record, and if no

956

other person whose substantial interests will be affected by the

957

modification objects in writing within 30 days after issuance of

958

public notice.

959

     3.  If objections are raised or the department denies the

960

request, the applicant or department may file a request for a

961

hearing on the modification with the department. Such request

962

shall be handled pursuant to chapter 120.

963

     4.  Requests referred to the Division of Administrative

964

Hearings shall be disposed of in the same manner as an

965

application, but with time periods established by the

966

administrative law judge commensurate with the significance of

967

the modification requested.

968

     (d)  As required by s. 403.511(5).

969

     Section 68.  Subsection (1) of section 403.517, Florida

970

Statutes, is amended to read:

971

     403.517  Supplemental applications for sites certified for

972

ultimate site capacity.--

973

     (1)(a)  Supplemental applications may be submitted for

974

certification of the construction and operation of electrical

975

power plants to be located at sites which have been previously

976

certified for an ultimate site capacity pursuant to this act.

977

Supplemental applications shall be limited to electrical power

978

plants using the fuel type previously certified for that site.

979

Such applications shall include all new directly associated

980

facilities that support the construction and operation of the

981

electrical power plant.

982

     (b)  The review shall use the same procedural steps and

983

notices as for an initial application.

984

     (c)  The time limits for the processing of a complete

985

supplemental application shall be designated by the department

986

commensurate with the scope of the supplemental application, but

987

shall not exceed any time limitation governing the review of

988

initial applications for site certification pursuant to this act,

989

it being the legislative intent to provide shorter time

990

limitations for the processing of supplemental applications for

991

electrical power plants to be constructed and operated at sites

992

which have been previously certified for an ultimate site

993

capacity.

994

     (d)  Any time limitation in this section or in rules adopted

995

pursuant to this section may be altered pursuant to s. 403.5095.

996

     Section 69.  Subsection (1), subsection (2), and subsection

997

(3) of section 403.5175, Florida Statutes, are amended to read:

998

     403.5175  Existing electrical power plant site

999

certification.--

1000

     (1)  An electric utility that owns or operates an existing

1001

electrical power plant as defined in s. 403.503(14) s.

1002

403.503(13) may apply for certification of an existing power

1003

plant and its site in order to obtain all agency licenses

1004

necessary to ensure compliance with federal or state

1005

environmental laws and regulation using the centrally

1006

coordinated, one-stop licensing process established by this part.

1007

An application for site certification under this section must be

1008

in the form prescribed by department rule. Applications must be

1009

reviewed and processed using the same procedural steps and

1010

notices as for an application for a new facility, except that a

1011

determination of need by the Public Service Commission is not

1012

required.

1013

     (2)  An application for certification under this section

1014

must include:

1015

     (a)  A description of the site and existing power plant

1016

installations, and associated facilities;

1017

     (b)  A description of all proposed changes or alterations to

1018

the site and or electrical power plant, including all new

1019

associated facilities that are the subject of the application;

1020

     (c)  A description of the environmental and other impacts

1021

caused by the existing utilization of the site and directly

1022

associated facilities, and the operation of the electrical power

1023

plant that is the subject of the application, and of the

1024

environmental and other benefits, if any, to be realized as a

1025

result of the proposed changes or alterations if certification is

1026

approved and such other information as is necessary for the

1027

reviewing agencies to evaluate the proposed changes and the

1028

expected impacts;

1029

     (d)  The justification for the proposed changes or

1030

alterations;

1031

     (e)  Copies of all existing permits, licenses, and

1032

compliance plans authorizing utilization of the site and directly

1033

associated facilities or operation of the electrical power plant

1034

that is the subject of the application.

1035

     (3)  The land use and zoning determination requirements of

1036

s. 403.50665 do not apply to an application under this section if

1037

the applicant does not propose to expand the boundaries of the

1038

existing site or to add additional offsite associated facilities

1039

that are not exempt from the provisions of s. 403.50665. If the

1040

applicant proposes to expand the boundaries of the existing site

1041

or to add additional offsite facilities that are not exempt from

1042

the provisions of s. 403.50665 to accommodate portions of the

1043

electrical generating facility plant or associated facilities, a

1044

land use and zoning determination shall be made as specified in

1045

s. 403.50665; provided, however, that the sole issue for

1046

determination is whether the proposed site expansion or

1047

additional non-exempt associated facilities are is consistent and

1048

in compliance with the existing land use plans and zoning

1049

ordinances.

1050

     Section 70.  Section 403.518, Florida Statutes, is amended

1051

to read:

1052

     403.518  Fees; disposition.--The department shall charge the

1053

applicant the following fees, as appropriate, which, unless

1054

otherwise specified, shall be paid into the Florida Permit Fee

1055

Trust Fund:

1056

     (1)  A fee for a notice of intent pursuant to s. 403.5063,

1057

in the amount of $2,500, to be submitted to the department at the

1058

time of filing of a notice of intent. The notice-of-intent fee

1059

shall be used and disbursed in the same manner as the application

1060

fee.

1061

     (2)  An application fee, which shall not exceed $200,000.

1062

The fee shall be fixed by rule on a sliding scale related to the

1063

size, type, ultimate site capacity, or increase in electrical

1064

generating capacity proposed by the application.

1065

     (a)  Sixty percent of the fee shall go to the department to

1066

cover any costs associated with coordinating the review and

1067

acting upon the application, to cover any field services

1068

associated with monitoring construction and operation of the

1069

facility, and to cover the costs of the public notices published

1070

by the department.

1071

     (b)  The following percentages shall be transferred to the

1072

Operating Trust Fund of the Division of Administrative Hearings

1073

of the Department of Management Services:

1074

     1.  Five percent to compensate expenses from the initial

1075

exercise of duties associated with the filing of an application.

1076

     2.  An additional 5 percent if a land use hearing is held

1077

pursuant to s. 403.508.

1078

     3.  An additional 10 percent if a certification hearing is

1079

held pursuant to s. 403.508.

1080

     (c)1.  Upon written request with proper itemized accounting

1081

within 90 days after final agency action by the board, Secretary

1082

when applicable, or withdrawal of the application, the agencies

1083

that prepared reports pursuant to s. 403.507 or participated in a

1084

hearing pursuant to s. 403.508 may submit a written request to

1085

the department for reimbursement of expenses incurred during the

1086

certification proceedings. The request shall contain an

1087

accounting of expenses incurred which may include time spent

1088

reviewing the application, preparation of any studies required of

1089

the agencies by this act, agency travel and per diem to attend

1090

any hearing held pursuant to this act, and for any agency or

1091

local government's or regional planning council's provision of

1092

notice of public meetings or hearings required as a result of the

1093

application for certification. The department shall review the

1094

request and verify that the expenses are valid. Valid expenses

1095

shall be reimbursed; however, in the event the amount of funds

1096

available for reimbursement is insufficient to provide for full

1097

compensation to the agencies requesting reimbursement,

1098

reimbursement shall be on a prorated basis.

1099

     2.  If the application review is held in abeyance for more

1100

than 1 year, the agencies may submit a request for reimbursement.

1101

This time period shall be measured from the date the applicant

1102

has provided written notification to the department that it

1103

desires to have application review process placed on hold. The

1104

fee disbursement shall be processed in accordance with

1105

subparagraph 1.

1106

     (d)  If any sums are remaining, the department shall retain

1107

them for its use in the same manner as is otherwise authorized by

1108

this act; provided, however, that if the certification

1109

application is withdrawn, the remaining sums shall be refunded to

1110

the applicant within 90 days after the submittal of the written

1111

notification of withdrawal.

1112

     (3)(a)  A certification modification fee, which shall not

1113

exceed $30,000. The department shall establish rules for

1114

determining such a fee based on the number of agencies involved

1115

in the review, equipment redesign, change in site size, type,

1116

increase in generating capacity proposed, or change in an

1117

associated linear facility location.

1118

     (b)  The fee shall be submitted to the department with a

1119

petition for modification pursuant to s. 403.516. This fee shall

1120

be established, disbursed, and processed in the same manner as

1121

the application fee in subsection (2), except that the Division

1122

of Administrative Hearings shall not receive a portion of the fee

1123

unless the petition for certification modification is referred to

1124

the Division of Administrative Hearings for hearing. If the

1125

petition is so referred, only $10,000 of the fee shall be

1126

transferred to the Operating Trust Fund of the Division of

1127

Administrative Hearings of the Department of Management Services.

1128

     (4)  A supplemental application fee, not to exceed $75,000,

1129

to cover all reasonable expenses and costs of the review,

1130

processing, and proceedings of a supplemental application. This

1131

fee shall be established, disbursed, and processed in the same

1132

manner as the certification application fee in subsection (2).

1133

     (5) An existing site certification application fee, not to

1134

exceed $200,000, to cover all reasonable costs and expenses of

1135

the review processing and proceedings for certification of an

1136

existing power plant site under s. 403.5175. This fee must be

1137

established, disbursed, and processed in the same manner as the

1138

certification application fee in subsection (2).

1139

     (6)(a) An application fee for an alternate corridor filed

1140

pursuant to s. 403.5064(4). The application fee shall be $750

1141

per mile for each mile of the alternate corridor located within

1142

an existing electric transmission line right-of-way or within an

1143

existing right-of-way for a road, highway, railroad, or other

1144

aboveground linear facility, or $1,000 per mile for each mile of

1145

an electric transmission line corridor proposed to be located

1146

outside the existing right-of-way.

1147

     Section 71.  Subsection (4) of section 403.519, Florida

1148

Statutes, is amended to read:

1149

     403.519  Exclusive forum for determination of need.--

1150

     (4)  In making its determination on a proposed electrical

1151

power plant using nuclear materials or synthesis gas produced by

1152

integrated gasification combined cycle power plant as fuel, the

1153

commission shall hold a hearing within 90 days after the filing

1154

of the petition to determine need and shall issue an order

1155

granting or denying the petition within 135 days after the date

1156

of the filing of the petition. The commission shall be the sole

1157

forum for the determination of this matter and the issues

1158

addressed in the petition, which accordingly shall not be

1159

reviewed in any other forum, or in the review of proceedings in

1160

such other forum. In making its determination to either grant or

1161

deny the petition, the commission shall consider the need for

1162

electric system reliability and integrity, including fuel

1163

diversity, the need for base-load generating capacity, the need

1164

for adequate electricity at a reasonable cost, and whether

1165

renewable energy sources and technologies, as well as

1166

conservation measures, are utilized to the extent reasonably

1167

available.

1168

     (a)  The applicant's petition shall include:

1169

     1.  A description of the need for the generation capacity.

1170

     2.  A description of how the proposed nuclear or integrated

1171

gasification combined cycle power plant will enhance the

1172

reliability of electric power production within the state by

1173

improving the balance of power plant fuel diversity and reducing

1174

Florida's dependence on fuel oil and natural gas.

1175

     3.  A description of and a nonbinding estimate of the cost

1176

of the nuclear or integrated gasification combined cycle power

1177

plant, including any costs associated with new, enlarged, or

1178

relocated electrical transmission lines or facilities of any size

1179

that are necessary to serve the nuclear power plant.

1180

     4.  The annualized base revenue requirement for the first 12

1181

months of operation of the nuclear or integrated gasification

1182

combined cycle power plant.

1183

     5.  Information on whether there were any discussions with

1184

any electric utilities regarding ownership of a portion of the

1185

nuclear or integrated gasification combined cycle power plant by

1186

such electric utilities.

1187

     (b)  In making its determination, the commission shall take

1188

into account matters within its jurisdiction, which it deems

1189

relevant, including whether the nuclear or integrated

1190

gasification combined cycle power plant will:

1191

     1.  Provide needed base-load capacity.

1192

     2.  Enhance the reliability of electric power production

1193

within the state by improving the balance of power plant fuel

1194

diversity and reducing Florida's dependence on fuel oil and

1195

natural gas.

1196

     3.  Provide the most cost-effective source of power, taking

1197

into account the need to improve the balance of fuel diversity,

1198

reduce Florida's dependence on fuel oil and natural gas, reduce

1199

air emission compliance costs, and contribute to the long-term

1200

stability and reliability of the electric grid.

1201

     (c)  No provision of rule 25-22.082, Florida Administrative

1202

Code, shall be applicable to a nuclear or integrated gasification

1203

combined cycle power plant sited under this act, including

1204

provisions for cost recovery, and an applicant shall not

1205

otherwise be required to secure competitive proposals for power

1206

supply prior to making application under this act or receiving a

1207

determination of need from the commission.

1208

     (d)  The commission's determination of need for a nuclear or

1209

integrated gasification combined cycle power plant shall create a

1210

presumption of public need and necessity and shall serve as the

1211

commission's report required by s. 403.507(4)(a). An order

1212

entered pursuant to this section constitutes final agency action.

1213

Any petition for reconsideration of a final order on a petition

1214

for need determination shall be filed within 5 days after the

1215

date of such order. The commission's final order, including any

1216

order on reconsideration, shall be reviewable on appeal in the

1217

Florida Supreme Court. Inasmuch as delay in the determination of

1218

need will delay siting of a nuclear or integrated gasification

1219

combined cycle power plant or diminish the opportunity for

1220

savings to customers under the federal Energy Policy Act of 2005,

1221

the Supreme Court shall proceed to hear and determine the action

1222

as expeditiously as practicable and give the action precedence

1223

over matters not accorded similar precedence by law.

1224

     (e)  After a petition for determination of need for a

1225

nuclear or integrated gasification combined cycle power plant has

1226

been granted, the right of a utility to recover any costs

1227

incurred prior to commercial operation, including, but not

1228

limited to, costs associated with the siting, design, licensing,

1229

or construction of the plant and new, expanded, or relocated

1230

electrical transmission lines or facilities of any size that are

1231

necessary to serve the nuclear power plant, shall not be subject

1232

to challenge unless and only to the extent the commission finds,

1233

based on a preponderance of the evidence adduced at a hearing

1234

before the commission under s. 120.57, that certain costs were

1235

imprudently incurred. Proceeding with the construction of the

1236

nuclear or integrated gasification combined cycle power plant

1237

following an order by the commission approving the need for the

1238

nuclear or integrated gasification combined cycle power plant

1239

under this act shall not constitute or be evidence of imprudence.

1240

Imprudence shall not include any cost increases due to events

1241

beyond the utility's control. Further, a utility's right to

1242

recover costs associated with a nuclear or integrated

1243

gasification combined cycle power plant may not be raised in any

1244

other forum or in the review of proceedings in such other forum.

1245

Costs incurred prior to commercial operation shall be recovered

1246

pursuant to chapter 366.

1247

     Section 72.  Subsection (1) of section 403.5252, Florida

1248

Statutes, is amended to read:

1249

     403.5252  Determination of completeness.--

1250

     (1)(a) Within 30 days after the filing distribution of an

1251

application, the affected agencies shall file a statement with

1252

the department containing the recommendations of each agency

1253

concerning the completeness of the application for certification.

1254

     (b) Within 37 7 days after the filing receipt of the

1255

application completeness statements of each agency, the

1256

department shall file a statement with the Division of

1257

Administrative Hearings, with the applicant, and with all parties

1258

declaring its position with regard to the completeness of the

1259

application. The statement of the department shall be based upon

1260

its consultation with the affected agencies.

1261

     Section 73.  Subsection (1), subsection (2) of section

1262

403.526, Florida Statutes, are amended to read:

1263

     403.526  Preliminary statements of issues, reports, and

1264

project analyses; studies.--

1265

     (1)  Each affected agency that is required to file a report

1266

in accordance with this section shall submit a preliminary

1267

statement of issues to the department and all parties no later

1268

than the submittal of each agency's recommendation that the

1269

application is complete 50 days after the filing of the

1270

application. Such statements of issues shall be made available to

1271

each local government for use as information for public meetings

1272

held under s. 403.5272. The failure to raise an issue in this

1273

preliminary statement of issues does not preclude the issue from

1274

being raised in the agency's report.

1275

     (2)(a)  The following agencies shall prepare reports as

1276

provided below and shall submit them to the department and the

1277

applicant no later than 90 days after the filing of the

1278

application, unless a final order denying the Determination of

1279

Need has been issued under the provisions of s. 403.537:

1280

     1.  The department shall prepare a report as to the impact

1281

of each proposed transmission line or corridor as it relates to

1282

matters within its jurisdiction.

1283

     2.  Each water management district in the jurisdiction of

1284

which a proposed transmission line or corridor is to be located

1285

shall prepare a report as to the impact on water resources and

1286

other matters within its jurisdiction.

1287

     3.  The Department of Community Affairs shall prepare a

1288

report containing recommendations which address the impact upon

1289

the public of the proposed transmission line or corridor, based

1290

on the degree to which the proposed transmission line or corridor

1291

is consistent with the applicable portions of the state

1292

comprehensive plan, emergency management, and other matters

1293

within its jurisdiction. The Department of Community Affairs may

1294

also comment on the consistency of the proposed transmission line

1295

or corridor with applicable strategic regional policy plans or

1296

local comprehensive plans and land development regulations.

1297

     4.  The Fish and Wildlife Conservation Commission shall

1298

prepare a report as to the impact of each proposed transmission

1299

line or corridor on fish and wildlife resources and other matters

1300

within its jurisdiction.

1301

     5.  Each local government shall prepare a report as to the

1302

impact of each proposed transmission line or corridor on matters

1303

within its jurisdiction, including the consistency of the

1304

proposed transmission line or corridor with all applicable local

1305

ordinances, regulations, standards, or criteria that apply to the

1306

proposed transmission line or corridor, including local

1307

comprehensive plans, zoning regulations, land development

1308

regulations, and any applicable local environmental regulations

1309

adopted pursuant to s. 403.182 or by other means. A change by the

1310

responsible local government or local agency in local

1311

comprehensive plans, zoning ordinances, or other regulations made

1312

after the date required for the filing of the local government's

1313

report required by this section is not applicable to the

1314

certification of the proposed transmission line or corridor

1315

unless the certification is denied or the application is

1316

withdrawn.

1317

     6.  Each regional planning council shall present a report

1318

containing recommendations that address the impact upon the

1319

public of the proposed transmission line or corridor based on the

1320

degree to which the transmission line or corridor is consistent

1321

with the applicable provisions of the strategic regional policy

1322

plan adopted under chapter 186 and other impacts of each proposed

1323

transmission line or corridor on matters within its jurisdiction.

1324

     7.  The Department of Transportation shall prepare a report

1325

as to the impact of the proposed transmission line or corridor on

1326

state roads, railroads, airports, aeronautics, seaports, and

1327

other matters within its jurisdiction.

1328

     8.  The commission shall prepare a report containing its

1329

determination under s. 403.537, and the report may include the

1330

comments from the commission with respect to any other subject

1331

within its jurisdiction.

1332

     9.  Any other agency, if requested by the department, shall

1333

also perform studies or prepare reports as to subjects within the

1334

jurisdiction of the agency which may potentially be affected by

1335

the proposed transmission line.

1336

     (b)  Each report must contain:

1337

     1.  A notice of any nonprocedural requirements not

1338

specifically listed in the application from which a variance,

1339

exemption, exception, or other relief is necessary in order for

1340

the proposed corridor to be certified. Failure to include the

1341

notice shall be treated as a waiver from the nonprocedural

1342

requirements of that agency.

1343

     2.  A recommendation for approval or denial of the

1344

application.

1345

     3.  The proposed conditions of certification on matters

1346

within the jurisdiction of each agency. For each condition

1347

proposed by an agency, the agency shall list the specific

1348

statute, rule, or ordinance, as applicable, which authorizes the

1349

proposed condition.

1350

     (c)  Each reviewing agency shall initiate the activities

1351

required by this section no later than 15 days after the

1352

application is filed. Each agency shall keep the applicant and

1353

the department informed as to the progress of its studies and any

1354

issues raised thereby.

1355

     (d)  When an agency whose agency head is a collegial body,

1356

such as a commission, board, or council, is required to submit a

1357

report pursuant to this section and is required by its own

1358

internal procedures to have the report reviewed by its agency

1359

head prior to finalization, the agency may submit to the

1360

department a draft version of the report by the deadline

1361

indicated in paragraph (a), and shall submit a final version of

1362

the report after review by the agency head, no later than 15 days

1363

after the deadline indicated in paragraph (a).

1364

     (e)  Receipt of an affirmative determination of need from

1365

the commission by the submittal deadline for agency reports under

1366

paragraph (a) is a condition precedent to further processing of

1367

the application.

1368

     Section 74.  Subsection (4), and (6) of section 403.527,

1369

Florida Statutes, are amended to read:

1370

     403.527  Certification hearing, parties, participants.--

1371

     (4)(a) One public hearing where members of the public who

1372

are not parties to the certification hearing may testify shall be

1373

held in conjunction with the certification hearing.

1374

     (b) Upon the request of the local government, one public

1375

hearing where members of the public who are not parties to the

1376

certification hearing and who reside within the jurisdiction of

1377

the local government may testify shall be held within the

1378

boundaries of each county in which a local government that made

1379

such a request is located, at the option of any local government.

1380

     (c)(a) A local government shall notify the administrative

1381

law judge and all parties not later than 80 days prior to the

1382

certification hearing 21 days after the application has been

1383

determined complete as to whether the local government wishes to

1384

have a public hearing within the boundaries of its county. If a

1385

filing for an alternate corridor is accepted for consideration

1386

under s. 403.5271(1) by the department and the applicant, any

1387

newly affected local government must notify the administrative

1388

law judge and all parties not later than 10 days after the data

1389

concerning the alternate corridor has been determined complete as

1390

to whether the local government wishes to have such a public

1391

hearing. The local government is responsible for providing the

1392

location of the public hearing if held separately from the

1393

certification hearing.

1394

     (d)(b) Within 5 days after notification, the administrative

1395

law judge shall determine the date of the public hearing, which

1396

shall be held before or during the certification hearing. If two

1397

or more local governments within one county request a public

1398

hearing, the hearing shall be consolidated so that only one

1399

public hearing is held in any county. The location of a

1400

consolidated hearing shall be determined by the administrative

1401

law judge.

1402

     (e)(c) If a local government does not request a public

1403

hearing by the deadline specified in subparagraph 1. within 21

1404

days after the application has been determined complete, then

1405

members of the public who are not parties to the certification

1406

hearing and who reside persons residing within the jurisdiction

1407

of the local government may testify during the that portion of

1408

the certification hearing held under the provisions of paragraph

1409

(4)(a) at which public testimony is heard.

1410

     (6)(a) No later than 29 25 days before the certification

1411

hearing, the department or the applicant may request that the

1412

administrative law judge cancel the certification hearing and

1413

relinquish jurisdiction to the department if all parties to the

1414

proceeding stipulate that there are no disputed issues of

1415

material fact or law to be raised at the certification hearing.

1416

     (b)  The administrative law judge shall issue an order

1417

granting or denying the request within 5 days.

1418

     (c)  If the administrative law judge grants the request, the

1419

department and the applicant shall publish notices of the

1420

cancellation of the certification hearing in accordance with s.

1421

403.5363.

1422

     (d)1.  If the administrative law judge grants the request,

1423

the department shall prepare and issue a final order in

1424

accordance with s. 403.529(1)(a).

1425

     2.  Parties may submit proposed final orders to the

1426

department no later than 10 days after the administrative law

1427

judge issues an order relinquishing jurisdiction.

1428

     Section 75.  Subsection (1) of section 403.5271, Florida

1429

Statutes, is amended to read:

1430

     403.5271  Alternate corridors.--

1431

     (1)  No later than 45 days before the originally scheduled

1432

certification hearing, any party may propose alternate

1433

transmission line corridor routes for consideration under the

1434

provisions of this act.

1435

     (a)  A notice of a proposed alternate corridor must be filed

1436

with the administrative law judge, all parties, and any local

1437

governments in whose jurisdiction the alternate corridor is

1438

proposed. The filing must include the most recent United States

1439

Geological Survey 1:24,000 quadrangle maps specifically

1440

delineating the corridor boundaries, a description of the

1441

proposed corridor, and a statement of the reasons the proposed

1442

alternate corridor should be certified.

1443

     (b)1.  Within 7 days after receipt of the notice, the

1444

applicant and the department shall file with the administrative

1445

law judge and all parties a notice of acceptance or rejection of

1446

a proposed alternate corridor for consideration. If the alternate

1447

corridor is rejected by the applicant or the department, the

1448

certification hearing and the public hearings shall be held as

1449

scheduled. If both the applicant and the department accept a

1450

proposed alternate corridor for consideration, the certification

1451

hearing and the public hearings shall be rescheduled, if

1452

necessary. If a filing for an alternate corridor is accepted for

1453

consideration by the department and the applicant, any newly

1454

affected local government must notify the administrative law

1455

judge and all parties not later than 65 days prior to the

1456

rescheduled certification hearing as to whether the local

1457

government wishes to have such a public hearing. The local

1458

government is responsible for providing the location of the

1459

public hearing if held separately from the certification hearing.

1460

The provisions of s. 403.527(4)(b) and (c) shall apply. Notice

1461

of the local hearings shall be published in accordance with s.

1462

403.5363.

1463

     2.  If rescheduled, the certification hearing shall be held

1464

no more than 90 days after the previously scheduled certification

1465

hearing, unless the data submitted under paragraph (d) is

1466

determined to be incomplete, in which case the rescheduled

1467

certification hearing shall be held no more than 105 days after

1468

the previously scheduled certification hearing. If additional

1469

time is needed due to the alternate corridor crossing a local

1470

government jurisdiction that was not previously affected, the

1471

remainder of the schedule listed below shall be appropriately

1472

adjusted by the administrative law judge to allow that local

1473

government to prepare a report pursuant to s. 403.526(2)(a)5.

1474

Notice that the certification hearing has been deferred due to

1475

the acceptance of the alternate corridor shall be published in

1476

accordance with s. 403.5363.

1477

     (c) Notice of the filing of the alternate corridor, of the

1478

revised time schedules, of the deadline for newly affected

1479

persons and agencies to file notice of intent to become a party,

1480

of the rescheduled hearing date, and of the proceedings shall be

1481

published by the alternate proponent in accordance with s.

1482

403.5363(2) and (6). If the notice is not timely published or

1483

does not meet the notice requirements, the alternate shall be

1484

deemed withdrawn.

1485

     (d)  Within 21 days after acceptance of an alternate

1486

corridor by the department and the applicant, the party proposing

1487

an alternate corridor shall have the burden of providing all data

1488

to the agencies listed in s. 403.526(2) and newly affected

1489

agencies necessary for the preparation of a supplementary report

1490

on the proposed alternate corridor.

1491

     (e)1.  Reviewing agencies shall advise the department of any

1492

issues concerning completeness no later than 15 days after the

1493

submittal of the data required by paragraph (d). Within 22 days

1494

after receipt of the data, the department shall issue a

1495

determination of completeness.

1496

     2.  If the department determines that the data required by

1497

paragraph (d) is not complete, the party proposing the alternate

1498

corridor must file such additional data to correct the

1499

incompleteness. This additional data must be submitted within 14

1500

days after the determination by the department.

1501

     3. Reviewing agencies may advise the department of any

1502

issues concerning completeness of the additional data within 10

1503

days after the filing by the party proposing the alternate

1504

corridor. If the department, within 14 days after receiving the

1505

additional data, determines that the data remains incomplete, the

1506

incompleteness of the data is deemed a withdrawal of the proposed

1507

alternate corridor. The department may make its determination

1508

based on recommendations made by other affected agencies.

1509

     (f)  The agencies listed in s. 403.526(2) and any newly

1510

affected agencies shall file supplementary reports with the

1511

applicant and the department which address the proposed alternate

1512

corridors no later than 24 days after the data submitted pursuant

1513

to paragraph (d) or paragraph (e) is determined to be complete.

1514

     (g)  The agency reports on alternate corridors must include

1515

all information required by s. 403.526(2).

1516

     (h)  When an agency whose agency head is a collegial body,

1517

such as a commission, board, or council, is required to submit a

1518

report pursuant to this section and is required by its own

1519

internal procedures to have the report reviewed by its agency

1520

head prior to finalization, the agency may submit to the

1521

department a draft version of the report by the deadline

1522

indicated in paragraph (f), and shall submit a final version of

1523

the report after review by the agency head no later than 7 days

1524

after the deadline indicated in paragraph (f).

1525

     (i)  The department shall file with the administrative law

1526

judge, the applicant, and all parties a project analysis

1527

consistent with s. 403.526(3) no more than 16 days after

1528

submittal of agency reports on the proposed alternate corridor.

1529

     Section 76.  Subsection (3) of section 403.5272, Florida

1530

Statutes, is amended to read:

1531

     403.5272  Informational public meetings.--

1532

     (3)  A local government or regional planning council that

1533

intends to conduct an informational public meeting must provide

1534

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

1535

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

1536

to the general public, in accordance with the provisions of s.

1537

403.5363(4).

1538

     Section 77.  Subsection (1) of section 403.5312, Florida

1539

Statutes, is amended to read:

1540

     403.5312  Filing of notice of certified corridor route.--

1541

     (1) Within 60 days after certification of a directly

1542

associated transmission line under ss. 403.501-403.518 or a

1543

transmission line corridor under ss. 403.52-403.5365, the

1544

applicant shall file with the department and, in accordance with

1545

s. 28.222, with the clerk of the circuit court for each county

1546

through which the corridor will pass, a notice of the certified

1547

route.

1548

     Section 78.  Section 403.5363, Florida Statutes, is amended

1549

to read:

1550

     403.5363  Public notices; requirements.--

1551

     (1)(a)  The applicant shall arrange for the publication of

1552

the notices specified in paragraph (b).

1553

     1.  The notices shall be published in newspapers of general

1554

circulation within counties crossed by the transmission line

1555

corridors proper for certification. The required newspaper

1556

notices for filing of an application and for the certification

1557

hearing shall be one-half page in size in a standard-size

1558

newspaper or a full page in a tabloid-size newspaper and

1559

published in a section of the newspaper other than the section

1560

for legal notices. These two notices must include a map generally

1561

depicting all transmission corridors proper for certification. A

1562

newspaper of general circulation shall be the newspaper within a

1563

county crossed by a transmission line corridor proper for

1564

certification which newspaper has the largest daily circulation

1565

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

1566

the newspaper having the largest daily circulation has its

1567

principal office outside the county, the notices must appear in

1568

both the newspaper having the largest circulation in that county

1569

and in a newspaper authorized to publish legal notices in that

1570

county.

1571

     2.  The department shall adopt rules specifying the content

1572

of the newspaper notices.

1573

     3.  All notices published by the applicant shall be paid for

1574

by the applicant and shall be in addition to the application fee.

1575

     (b)  Public notices that must be published under this

1576

section include:

1577

     1.  The notice of the filing of an application, which must

1578

include a description of the proceedings required by this act.

1579

The notice must describe the provisions of s. 403.531(1) and (2)

1580

and give the date by which notice of intent to be a party or a

1581

petition to intervene in accordance with s. 403.527(2) must be

1582

filed. This notice must be published no more than 21 days after

1583

the application is filed. The notice shall, at a minimum, be

1584

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

1585

in a tabloid-size newspaper. The notice must include a map

1586

generally depicting all transmission corridors proper for

1587

certification.

1588

     2. The notice of the certification hearing and any other

1589

public hearing held permitted under s. 403.527(4). The notice

1590

must include the date by which a person wishing to appear as a

1591

party must file the notice to do so. The notice of the originally

1592

scheduled certification hearing must be published at least 65

1593

days before the date set for the certification hearing. The

1594

notice shall meet the same size and map requirements required in

1595

subparagraph 1.

1596

     3.  The notice of the cancellation of the certification

1597

hearing under s. 403.527(6), if applicable. The notice must be

1598

published at least 3 days before the date of the originally

1599

scheduled certification hearing. The notice shall, at a minimum,

1600

be one-quarter page in size in a standard-size newspaper or one-

1601

half page in a tabloid-size newspaper. The notice shall not

1602

require a map to be included.

1603

          4. The notice of the deferment of the certification hearing

1604

due to the acceptance of an alternate corridor under s.

1605

403.5272(1)(b)2. The notice must be published at least 7 days

1606

before the date of the originally scheduled certification

1607

hearing. The notice shall, at a minimum, be one-eighth page in

1608

size in a standard-size newspaper or one-quarter page in a

1609

tabloid-size newspaper. The notice shall not require a map to be

1610

included.

1611

     5. If the notice of the rescheduled certification hearing

1612

required of an alternate proponent under s. 403.5271(1)(c) is not

1613

timely published or does not meet the notice requirements such

1614

that an alternate corridor is withdrawn under the provisions of

1615

s. 403.5271(1)(c), the notice of rescheduled hearing and any

1616

local hearings shall be provided by the applicant at least 30

1617

days prior to the rescheduled certification hearing.

1618

     6.4. The notice of the filing of a proposal to modify the

1619

certification submitted under s. 403.5315, if the department

1620

determines that the modification would require relocation or

1621

expansion of the transmission line right-of-way or a certified

1622

substation.

1623

     (2) Each The proponent of an alternate corridor shall

1624

arrange for newspaper notice of the publication of the filing of

1625

the proposal for an alternate corridor. If there is more than

1626

one alternate proponent, the proponents may jointly publish

1627

notice, so long as the content requirements below are met and the

1628

maps are legible.

1629

     (a) The notice shall specify, the revised time schedules,

1630

the date by which newly affected persons or agencies may file the

1631

notice of intent to become a party, and the date of the

1632

rescheduled hearing, and any public hearing held under s.

1633

403.527(1)(b)1.

1634

     (b) A notice listed in this subsection must be published in

1635

a newspaper of general circulation within the county or counties

1636

crossed by the proposed alternate corridor and comply with the

1637

content, size, and map requirements set forth in this section

1638

paragraph (1)(a).

1639

     (c) The notice of the alternate corridor proposal must be

1640

published not less than 45 50 days before the rescheduled

1641

certification hearing.

1642

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

1643

following notices in the manner specified by chapter 120:

1644

     (a)  The notice of the filing of an application and the date

1645

by which a person intending to become a party must file a

1646

petition to intervene or a notice of intent to be a party. The

1647

notice must be published no later than 21 days after the

1648

application has been filed.

1649

     (b)  The notice of any administrative hearing for

1650

certification, if applicable. The notice must be published not

1651

less than 65 days before the date set for a hearing, except that

1652

notice for a rescheduled certification hearing after acceptance

1653

of an alternative corridor must be published not less than 50

1654

days before the date set for the hearing.

1655

     (c)  The notice of the cancellation of a certification

1656

hearing under s. 403.527(6), if applicable. The notice must be

1657

published not later than 7 days before the date of the originally

1658

scheduled certification hearing.

1659

     (d) The notice of the deferment of the certification

1660

hearing due to the acceptance of an alternate corridor under s.

1661

403.527(1)(b)2. The notice must be published at least 7 days

1662

before the date of the originally scheduled certification

1663

hearing.

1664

     (e)(d) The notice of the hearing before the siting board,

1665

if applicable.

1666

     (f)(e) The notice of stipulations, proposed agency action,

1667

or a petition for modification.

1668

     (4) A local government or regional planning council that

1669

proposes to conduct an informational public meeting pursuant to

1670

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

1671

general circulation within the county or counties in which the

1672

proposed electrical transmission line will be located no later

1673

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

1674

circulation shall be the newspaper which has the largest daily

1675

circulation in that county and has its principal office in that

1676

county. If the newspaper with the largest daily circulation has

1677

its principal office outside the county, the notices shall appear

1678

in both the newspaper having the largest circulation in that

1679

county and in a newspaper authorized to publish legal notices in

1680

that county.

1681

     (5)(a) A good faith effort shall be made by the applicant

1682

to provide direct notice of the filing of an application for

1683

certification by U.S. mail or hand delivery no later than 45 days

1684

after filing of the application to all local landowners whose

1685

property, as noted in the most recent local government tax

1686

records, and residences, are located within one-quarter mile of

1687

the proposed boundaries of the proposed electrical transmission

1688

line corridors, that include a transmission line defined by s.

1689

403.522(22).

1690

     (b) No later than 60 days after the filing of an application

1691

for certification, the applicant shall file a list with the

1692

department's Siting Coordination Office of landowners and

1693

residences that were notified.

1694

     (6)(a) A good faith effort shall be made by the proponent

1695

of an alternate corridor to provide direct notice of the filing

1696

of an alternate corridor for certification by U.S. mail or hand

1697

delivery of the filing of no later than 30 days after filing of

1698

the alternate corridor to all local landowners whose property, as

1699

noted in the most recent local government tax records, and

1700

residences, are located within one-quarter mile of the proposed

1701

boundaries of the proposed alternate transmission line corridor

1702

that includes a transmission line defined by 403.522(22).

1703

     (b) No later than 45 days after the filing of an alternate

1704

corridor for certification, the proponent of an alternate

1705

corridor shall file a list with the department's Siting

1706

Coordination Office of landowners and residences that were

1707

notified.

1708

     Section 79.  Subsection (1) of section 403.5365, Florida

1709

Statutes, is amended to read:

1710

     403.5365  Fees; disposition.--The department shall charge

1711

the applicant the following fees, as appropriate, which, unless

1712

otherwise specified, shall be paid into the Florida Permit Fee

1713

Trust Fund:

1714

     (1)  An application fee.

1715

     (a)  The application fee shall be $100,000, plus $750 per

1716

mile for each mile of corridor in which the transmission line

1717

right-of-way is proposed to be located within an existing

1718

electric transmission line right-of-way or within any existing

1719

right-of-way for any road, highway, railroad, or other

1720

aboveground linear facility, or $1,000 per mile for each mile of

1721

electric transmission line corridor proposed to be located

1722

outside the existing right-of-way.

1723

     (b)  Sixty percent of the fee shall go to the department to

1724

cover any costs associated with coordinating the review of and

1725

acting upon the application and any costs for field services

1726

associated with monitoring construction and operation of the

1727

electric transmission line facility.

1728

     (c)  The following percentages shall be transferred to the

1729

Operating Trust Fund of the Division of Administrative Hearings

1730

of the Department of Management Services:

1731

     1.  Five percent to compensate for expenses from the initial

1732

exercise of duties associated with the filing of an application.

1733

     2.  An additional 10 percent if an administrative hearing

1734

under s. 403.527 is held.

1735

     (d)1.  Upon written request with proper itemized accounting

1736

within 90 days after final agency action by the siting board or

1737

the department or written notification of the withdrawal of the

1738

application, the agencies that prepared reports under s. 403.526

1739

or s. 403.5271 or participated in a hearing under s. 403.527 or

1740

s. 403.5271 may submit a written request to the department for

1741

reimbursement of expenses incurred during the certification

1742

proceedings. The request must contain an accounting of expenses

1743

incurred, which may include time spent reviewing the application,

1744

preparation of any studies required of the agencies by this act,

1745

agency travel and per diem to attend any hearing held under this

1746

act, and for the local government or regional planning council

1747

providing additional notice of the informational public meeting.

1748

The department shall review the request and verify whether a

1749

claimed expense is valid. Valid expenses shall be reimbursed;

1750

however, if the amount of funds available for reimbursement is

1751

insufficient to provide for full compensation to the agencies,

1752

reimbursement shall be on a prorated basis.

1753

     2.  If the application review is held in abeyance for more

1754

than 1 year, the agencies may submit a request for reimbursement

1755

under subparagraph 1. This time period shall be measured from the

1756

date the applicant has provided written notification to the

1757

department that it desires to have the application review process

1758

placed on hold. The fee disbursement shall be processed in

1759

accordance with subparagraph 1.

1760

     (e)  If any sums are remaining, the department shall retain

1761

them for its use in the same manner as is otherwise authorized by

1762

this section; however, if the certification application is

1763

withdrawn, the remaining sums shall be refunded to the applicant

1764

within 90 days after submittal of the written notification of

1765

withdrawal.

1766

1767

(renumber subsequent sections)

1768

1769

1770

================ T I T L E  A M E N D M E N T ================

1771

And the title is amended as follows:

1772

     Delete line(s) 256-299

1773

and insert:

1774

for the content of the rule; amending s. 403.502, F.S.;

1775

providing legislative intent; amending s. 403.503, F.S.;

1776

defining the term "alternate corridor" and redefining the

1777

term "corridor" for purposes of the Florida Electrical

1778

Power Plant Siting Act; amending s. 403.504, F.S.;

1779

requiring the Department of Environmental Protection to

1780

determine whether a proposed alternate corridor is

1781

acceptable; amending s. 403.506, F.S.; exempting an

1782

electric utility from obtaining certification under the

1783

Florida Electrical Power Plant Siting Act before

1784

constructing facilities for a power plant using nuclear

1785

materials as fuel; providing that a utility may obtain

1786

separate licenses, permits, and approvals for such

1787

construction under certain circumstances; exempting such

1788

provisions from review under ch. 120, F.S.; amending s.

1789

403.5064, F.S.; requiring an applicant to submit a

1790

statement to the department if such applicant opts for

1791

consideration of alternate corridors; amending s.

1792

403.5065, F.S.; providing for conforming changes; amending

1793

s. 403.50663, F.S.; providing for notice of meeting to the

1794

general public; amending s. 403.50665, F.S.; requiring an

1795

application to include a statement on the consistency of

1796

directly associated facilities constituting a

1797

"development"; requiring the Department of Environmental

1798

Protection to address at the certification hearing the

1799

issue of compliance with land use plans and zoning

1800

ordinances for a proposed substation located in or along

1801

an alternate corridor; amending s. 403.507, F.S.;

1802

providing for reports to be submitted to the department no

1803

later than 100 days after certification application has

1804

been determined complete; amending s. 403.508, F.S.;

1805

providing for land use and certification hearings;

1806

amending s. 403.509, F.S.; requiring the Governor and

1807

Cabinet sitting as the siting board to certify the

1808

corridor having the least adverse impact; authorizing the

1809

board to deny certification or allow a party to amend its

1810

proposal; amending s. 403.511, F.S.; providing for

1811

conforming changes; amending s. 403.5112, F.S.; providing

1812

for filing of notice; amending s. 403.5113, F.S.;

1813

providing for postcertification amendments and

1814

postcertification review; amending s. 403.5115, F.S.;

1815

requiring the applicant proposing the alternate corridor

1816

to publish all notices relating to the application;

1817

requiring that such notices comply with certain

1818

requirements; requiring that notices be published at least

1819

45 days before the rescheduled certification hearing;

1820

amending ss. 403.516, 403.517, and 403.5175, F.S.;

1821

providing conforming changes and cross-references;

1822

amending s. 403.518, F.S.; authorizing the Department of

1823

Environmental Protection to charge an application fee for

1824

an alternate corridor; amending ss. 403.519, 403.5252,

1825

403.526, 403.527, 403.5271, 403.5272, 403.5312, 403.5363,

1826

403.5365, and 403.814, F.S., relating to determinations of

1827

need and general permits; conforming provisions to changes

1828

made by the act; amending s. 403.7031, F.S.;

4/16/2008  8:58:00 PM     EP.37.07837