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The Florida Senate

2005 Florida Statutes

Section 403.5365, Florida Statutes 2005

403.5365  Fees; disposition.--The department shall charge the applicant the following fees, as appropriate, which shall be paid into the Florida Permit Fee Trust Fund:

(1)  An application fee of $100,000, plus $750 per mile for each mile of corridor in which the transmission line right-of-way is proposed to be located within an existing electrical transmission line right-of-way or within any existing right-of-way for any road, highway, railroad, or other aboveground linear facility, or $1,000 per mile for each mile of transmission line corridor proposed to be located outside such existing right-of-way.

(a)  Sixty percent of the fee shall go to the department to cover any costs associated with reviewing and acting upon the application and any costs for field services associated with monitoring construction and operation of the facility.

(b)  Twenty percent of the fees specified under this section, except postcertification fees, shall be transferred to the Administrative Trust Fund of the Division of Administrative Hearings of the Department of Management Services.

(c)  Upon written request with proper itemized accounting within 90 days after final agency action by the board or withdrawal of the application, the department shall reimburse the expenses and costs of the Department of Community Affairs, the Fish and Wildlife Conservation Commission, the water management district, regional planning council, and local government in the jurisdiction of which the transmission line is to be located. Such reimbursement shall be authorized for the preparation of any studies required of the agencies by this act, and for agency travel and per diem to attend any hearing held pursuant to this act, and for the local government to participate in the proceedings. In the event the amount available for allocation is insufficient to provide for complete reimbursement to the agencies, reimbursement shall be on a prorated basis.

(d)  If any sums are remaining, the department shall retain them for its use in the same manner as is otherwise authorized by this section; provided, however, that if the certification application is withdrawn, the remaining sums shall be refunded to the applicant within 90 days after withdrawal.

(2)  An amendment fee.

(a)  If no corridor alignment change is proposed by the amendment, no amendment fee shall be charged.

(b)  If a corridor alignment change is proposed by the applicant, an additional fee of a minimum of $2,000 and $750 per mile shall be submitted to the department for use in accordance with this act.

(c)  If an amendment is required to address issues, including alternate corridors pursuant to s. 403.5271, raised by the department or other parties, no fee for such amendment shall be charged.

(3)  A certification modification fee.

(a)  If no corridor alignment change is proposed by the applicant, the modification fee shall be $4,000.

(b)  If a corridor alignment change is proposed by the applicant, the fee shall be $1,000 for each mile of realignment plus an amount not to exceed $10,000 to be fixed by rule on a sliding scale based on the load-carrying capability and configuration of the transmission line for use in accordance with subsection (2).

History.--s. 44, ch. 90-331; s. 14, ch. 93-94; s. 393, ch. 94-356; s. 66, ch. 96-321; s. 211, ch. 99-245.