403.501 – Short title.
403.501 Short title.—Sections 403.501-403.518 shall be known and may be cited as the “Florida Electrical Power Plant Siting Act.” History.—s. 1, ch. 73-33; s. 1, ch. 76-76; s. 1, ch. 90-331.
403.502 – Legislative intent.
403.502 Legislative intent.—The Legislature finds that the present and predicted growth in electric power demands in this state requires the development of a procedure for the selection and utilization of sites for electrical generating facilities and the identification of a state position with respect to each proposed site and its associated facilities. The Legislature recognizes that […]
403.503 – Definitions relating to Florida Electrical Power Plant Siting Act.
403.503 Definitions relating to Florida Electrical Power Plant Siting Act.—As used in this act: (1) “Act” means the Florida Electrical Power Plant Siting Act. (2) “Agency,” as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other unit or entity of government, including a regional or local governmental entity. (3) “Alternate […]
403.504 – Department of Environmental Protection; powers and duties enumerated.
403.504 Department of Environmental Protection; powers and duties enumerated.—The department shall have the following powers and duties in relation to this act: (1) To adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this act, including rules setting forth environmental precautions to be followed in relation to the location, construction, and operation of […]
403.5055 – Application for permits pursuant to s. 403.0885.
403.5055 Application for permits pursuant to s. 403.0885.—In processing applications for permits pursuant to s. 403.0885 that are associated with applications for electrical power plant certification: (1) The procedural requirements set forth in 40 C.F.R. s. 123.25, including public notice, public comments, and public hearings, shall be closely coordinated with the certification process established under this part. […]
403.506 – Applicability, thresholds, and certification.
403.506 Applicability, thresholds, and certification.— (1) The provisions of this act shall apply to any electrical power plant as defined herein, except that the provisions of this act shall not apply to any electrical power plant of less than 75 megawatts in gross capacity, including its associated facilities, unless the applicant has elected to apply for certification […]
403.5063 – Notice of intent to file application.
403.5063 Notice of intent to file application.— (1) To expedite the processing of the application which may be filed subsequently, the applicant for a proposed power plant may file a notice of intent to file an application with the department. (2) The department shall establish, by rule, a procedure by which an applicant, after public notice, may enter […]
403.5064 – Application; schedules.
403.5064 Application; schedules.— (1) The formal date of filing of a certification application and commencement of the certification review process shall be when the applicant submits: (a) Copies of the certification application in a quantity and format as prescribed by rule to the department and other agencies identified in s. 403.507(2)(a). (b) A statement affirming that the applicant is […]
403.5065 – Appointment of administrative law judge; powers and duties.
403.5065 Appointment of administrative law judge; powers and duties.— (1) Within 7 days after receipt of an application, the department shall request the Division of Administrative Hearings to designate an administrative law judge to conduct the hearings required by this act. The division director shall designate an administrative law judge within 7 days after receipt of the […]
403.5066 – Determination of completeness.
403.5066 Determination of completeness.— (1)(a) Within 30 days after the filing of an application, affected agencies shall file a statement with the department containing each agency’s recommendations on the completeness of the application. (b) Within 40 days after the filing of an application, the department shall file a statement with the Division of Administrative Hearings, with the applicant, […]
403.50663 – Informational public meetings.
403.50663 Informational public meetings.— (1) A local government within whose jurisdiction the power plant is proposed to be sited may hold one informational public meeting in addition to the hearings specifically authorized by this act on any matter associated with the electrical power plant proceeding. Such informational public meetings shall be held by the local government or […]
403.50665 – Land use consistency.
403.50665 Land use consistency.— (1) The applicant shall include in the application a statement on the consistency of the site and any associated facilities that constitute a “development,” as defined in s. 380.04, with existing land use plans and zoning ordinances that were in effect on the date the application was filed and a full description of […]
403.507 – Preliminary statements of issues, reports, project analyses, and studies.
403.507 Preliminary statements of issues, reports, project analyses, and studies.— (1) Each affected agency identified in paragraph (2)(a) shall submit a preliminary statement of issues to the department, the applicant, and all parties no later than 40 days after the certification application has been determined complete. The failure to raise an issue in this statement shall not […]
403.508 – Land use and certification hearings, parties, participants.
403.508 Land use and certification hearings, parties, participants.— (1)(a) Within 5 days after the filing of a petition for a hearing on land use pursuant to s. 403.50665, the designated administrative law judge shall schedule a land use hearing to be conducted in the county of the proposed site or associated facility that is not exempt from […]
403.509 – Final disposition of application.
403.509 Final disposition of application.— (1)(a) If the administrative law judge has granted a request to cancel the certification hearing and has relinquished jurisdiction to the department under the provisions of s. 403.508(6), within 40 days thereafter, the secretary of the department shall act upon the application by written order in accordance with the terms of this […]
403.5095 – Alteration of time limits.
403.5095 Alteration of time limits.—Any time limitation in this act may be altered by the designated administrative law judge upon stipulation between the department and the applicant, unless objected to by any party within 5 days after notice, or for good cause shown by any party. History.—s. 8, ch. 76-76; s. 13, ch. 90-331; s. 142, […]
403.510 – Superseded laws, regulations, and certification power.
403.510 Superseded laws, regulations, and certification power.— (1) If any provision of this act is in conflict with any other provision, limitation, or restriction under any law, rule, regulation, or ordinance of this state or any political subdivision, municipality, or agency, this act shall govern and control, and such law, rule, regulation, or ordinance shall be deemed […]
403.511 – Effect of certification.
403.511 Effect of certification.— (1) Subject to the conditions set forth therein, any certification shall constitute the sole license of the state and any agency as to the approval of the location of the site and any associated facility and the construction and operation of the proposed electrical power plant, except for the issuance of department licenses […]
403.5112 – Filing of notice of certified corridor route.
403.5112 Filing of notice of certified corridor route.— (1) Within 60 days after certification of an associated linear facility pursuant to this act, the applicant shall file, in accordance with s. 28.222, with the department and the clerk of the circuit court for each county through which the corridor will pass, a notice of the certified route. […]
403.5113 – Postcertification amendments and review.
403.5113 Postcertification amendments and review.— (1) POSTCERTIFICATION AMENDMENTS.— (a) If, subsequent to certification by the board, a licensee proposes any material change to the application and revisions or amendments thereto, as certified, the licensee shall submit a written request for amendment and a description of the proposed change to the application to the department. Within 30 days after […]