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The Florida Senate

2007 Florida Statutes

Section 403.5363, Florida Statutes 2007

403.5363  Public notices; requirements.--

(1)(a)  The applicant shall arrange for the publication of the notices specified in paragraph (b).

1.  The notices shall be published in newspapers of general circulation within counties crossed by the transmission line corridors proper for certification. The required newspaper notices for filing of an application and for the certification hearing shall be one-half page in size in a standard-size newspaper or a full page in a tabloid-size newspaper and published in a section of the newspaper other than the section for legal notices. These two notices must include a map generally depicting all transmission corridors proper for certification. A newspaper of general circulation shall be the newspaper within a county crossed by a transmission line corridor proper for certification which newspaper has the largest daily circulation in that county and has its principal office in that county. If the newspaper having the largest daily circulation has its principal office outside the county, the notices must appear in both the newspaper having the largest circulation in that county and in a newspaper authorized to publish legal notices in that county.

2.  The department shall adopt rules specifying the content of the newspaper notices.

3.  All notices published by the applicant shall be paid for by the applicant and shall be in addition to the application fee.

(b)  Public notices that must be published under this section include:

1.  The notice of the filing of an application, which must include a description of the proceedings required by this act. The notice must describe the provisions of s. 403.531(1) and (2) and give the date by which notice of intent to be a party or a petition to intervene in accordance with s. 403.527(2) must be filed. This notice must be published no more than 21 days after the application is filed.

2.  The notice of the certification hearing and any other public hearing permitted under s. 403.527 The notice must include the date by which a person wishing to appear as a party must file the notice to do so. The notice of the certification hearing must be published at least 65 days before the date set for the certification hearing.

3.  The notice of the cancellation of the certification hearing, if applicable. The notice must be published at least 3 days before the date of the originally scheduled certification hearing.

4.  The notice of the filing of a proposal to modify the certification submitted under s. 403.5315, if the department determines that the modification would require relocation or expansion of the transmission line right-of-way or a certified substation.

(2)  The proponent of an alternate corridor shall arrange for the publication of the filing of the proposal for an alternate corridor, the revised time schedules, the date by which newly affected persons or agencies may file the notice of intent to become a party, and the date of the rescheduled hearing. A notice listed in this subsection must be published in a newspaper of general circulation within the county or counties crossed by the proposed alternate corridor and comply with the content requirements set forth in paragraph (1)(a). The notice must be published not less than 50 days before the rescheduled certification hearing.

(3)  The department shall arrange for the publication of the following notices in the manner specified by chapter 120:

(a)  The notice of the filing of an application and the date by which a person intending to become a party must file a petition to intervene or a notice of intent to be a party. The notice must be published no later than 21 days after the application has been filed.

(b)  The notice of any administrative hearing for certification, if applicable. The notice must be published not less than 65 days before the date set for a hearing, except that notice for a rescheduled certification hearing after acceptance of an alternative corridor must be published not less than 50 days before the date set for the hearing.

(c)  The notice of the cancellation of a certification hearing, if applicable. The notice must be published not later than 7 days before the date of the originally scheduled certification hearing.

(d)  The notice of the hearing before the siting board, if applicable.

(e)  The notice of stipulations, proposed agency action, or a petition for modification.

History.--s. 64, ch. 2006-230.