Senate Bill sb1982

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    Florida Senate - 2004                                  SB 1982

    By Senator Posey





    24-1564-04                                          See HB 689

  1                      A bill to be entitled

  2         An act relating to electric transmission line

  3         siting; amending s. 403.52, F.S.; changing the

  4         short title to the "Florida Electric

  5         Transmission Line Siting Act"; amending s.

  6         403.521, F.S.; revising legislative intent;

  7         amending s. 403.522, F.S.; revising

  8         definitions; defining "licensee"; amending s.

  9         403.523, F.S.; revising powers and duties of

10         the Department of Environmental Protection;

11         requiring the department to collect and process

12         fees, to prepare a project impact analysis, to

13         act as clerk for the siting board, and to

14         administer and manage the terms and conditions

15         of the certification order and supporting

16         documents and records; amending s. 403.524,

17         F.S.; revising provisions for applicability,

18         certification, and exemptions under the act;

19         requiring that the application contain the

20         starting point and ending point of a

21         transmission line specifically defined by the

22         applicant and verified by the commission;

23         revising provisions for notice by an electric

24         utility of its intent to construct an exempted

25         transmission line; amending s. 403.525, F.S.;

26         providing for powers and duties of the

27         administrative law judge designated by the

28         Division of Administrative Hearings to conduct

29         the required hearings; amending s. 403.5251,

30         F.S.; revising application procedures and

31         schedules; providing for the formal date of

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         certification application filing and

 2         commencement of the certification review

 3         process; requiring the department to prepare a

 4         proposed schedule of dates for determination of

 5         completeness and other significant dates to be

 6         followed during the certification process;

 7         providing for the formal date of application

 8         distribution; requiring the applicant to file

 9         notice of distribution and notice of filing of

10         the application; amending s. 403.5252, F.S.;

11         revising timeframes and procedures for

12         determination of completeness of the

13         application; requiring the department to

14         consult with affected agencies; revising

15         requirements for the department to file a

16         statement of its determination of completeness

17         with the Division of Administrative Hearings,

18         the applicant, and all parties within a certain

19         time after distribution of the application;

20         revising requirements for the applicant to file

21         a statement with the department, the division,

22         and all parties, if the department determines

23         the application is not complete; providing for

24         that statement to notify the department that

25         the information will not be provided; revising

26         timeframes and procedures for contests of the

27         determination by the department; providing for

28         parties to a hearing on the issue of

29         completeness; repealing s. 403.5253, F.S.,

30         relating to determination of sufficiency of

31         application or amendment to the application;

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         amending s. 403.526, F.S.; revising criteria

 2         and procedures for preliminary statements of

 3         issues, reports, and studies; revising

 4         timeframes; requiring that the preliminary

 5         statement of issues from each affected agency

 6         be submitted to all parties; revising criteria

 7         for the Department of Community Affairs'

 8         report; requiring the Department of

 9         Transportation to prepare an impact report;

10         providing for project impact reports from other

11         agencies; revising required content of the

12         reports; providing for notice of any agency

13         nonprocedural requirements not listed in the

14         application; providing for failure to provide

15         such notification; providing for a

16         recommendation for approval or denial of the

17         application; providing that receipt of an

18         affirmative determination of need be a

19         condition precedent to further processing of

20         the application; requiring the department to

21         prepare a project impact analysis to be filed

22         with the administrative law judge and served on

23         all parties within a certain timeframe;

24         amending s. 403.527, F.S.; revising procedures

25         and timeframes for the certification hearing

26         conducted by the administrative law judge;

27         revising provisions for notices and publication

28         of notices, public hearings held by local

29         governments, testimony at the public hearing

30         portion of the certification hearing, the order

31         of presentations at the hearing, consideration

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         of certain communications by the administrative

 2         law judge, requiring the applicant to pay

 3         certain expenses and costs, and requiring the

 4         administrative law judge to issue a recommended

 5         order disposing of the application; requiring

 6         that certain notices be made in accordance with

 7         specified requirements and within a certain

 8         timeframe; specifying the Department of

 9         Transportation as a party to the proceedings;

10         providing for the administrative law judge to

11         cancel the certification hearing and relinquish

12         jurisdiction to the department upon request by

13         the applicant or the department; requiring the

14         department and the applicant to publish notice

15         of such cancellation; providing for parties to

16         submit proposed recommended orders to the

17         department when the certification hearing has

18         been canceled; providing that the department

19         prepare a recommended order for final action by

20         the siting board when the hearing has been

21         canceled; amending s. 403.5271, F.S.; revising

22         procedures and timeframes for consideration of

23         proposed alternate corridors; revising notice

24         requirements; providing for notice of the

25         filing of the alternate corridor and revised

26         time schedules; providing for notice to

27         agencies newly affected by the proposed

28         alternate corridor; requiring the person

29         proposing the alternate corridor to provide all

30         data to the agencies within a certain

31         timeframe; providing for determination by the

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         department that the data is not complete;

 2         providing for withdrawal of the proposed

 3         alternate corridor upon such determination;

 4         providing that agencies file reports with the

 5         applicant and department which address the

 6         proposed alternate corridor; providing that the

 7         department file with the administrative law

 8         judge, the applicant, and all parties a project

 9         impact analysis of the proposed alternate

10         corridor; providing that the party proposing an

11         alternate corridor shall have the burden of

12         proof on the certifiability of the alternate

13         corridor; amending s. 403.5272, F.S.; revising

14         procedures for informational public meetings;

15         providing for informational public meetings

16         held by regional planning councils; revising

17         timeframes; amending s. 403.5275, F.S.;

18         revising provisions for amendment to the

19         application prior to certification; amending s.

20         403.529, F.S.; revising provisions for final

21         disposition of the application by the siting

22         board; providing for the administrative law

23         judge's or department's recommended order;

24         amending s. 403.531, F.S.; revising provisions

25         for conditions of certification; amending s.

26         403.5312, F.S.; requiring the applicant to file

27         notice of a certified corridor route with the

28         department; creating s. 403.5317, F.S.;

29         providing procedures for changes proposed by

30         the licensee after certification; requiring the

31         department to determine within a certain time

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         if the proposed change requires modification of

 2         the conditions of certification; requiring

 3         notice to the licensee, all agencies, and all

 4         parties of changes that are approved as not

 5         requiring modification of the conditions of

 6         certification; creating s. 403.5363, F.S.;

 7         requiring publication of certain notices by the

 8         applicant, the proponent of an alternate

 9         corridor, and the department; requiring the

10         department to adopt rules specifying the

11         content of such notices; amending s. 403.5365,

12         F.S.; revising application fees and the

13         distribution of fees collected; revising

14         procedures for reimbursement of local

15         governments and regional planning

16         organizations; repealing s. 403.5369, F.S.,

17         relating to application of the act to

18         applications prior to a certain date; amending

19         s. 403.537, F.S.; revising the schedule for

20         notice of a public hearing by the Public

21         Service Commission to determine the need for a

22         transmission line; amending ss. 373.441,

23         403.061, 403.0876, and 403.809, F.S.;

24         conforming terminology; providing an effective

25         date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Section 403.52, Florida Statutes, is

30  amended to read:

31  

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         403.52  Popular name Short title.--Sections

 2  403.52-403.5365 may be known by the popular name cited as the

 3  "Florida Electric Transmission Line Siting Act."

 4         Section 2.  Section 403.521, Florida Statutes, is

 5  amended to read:

 6         403.521  Legislative intent.--The legislative intent of

 7  this act is to establish a centralized and coordinated

 8  licensing permitting process for the location of electric

 9  transmission line corridors and the construction and

10  maintenance of electric transmission lines, which necessarily

11  involves several broad interests of the public addressed

12  through the subject matter jurisdiction of several agencies.

13  The Legislature recognizes that electric transmission lines

14  will have an effect upon electric power system reliability,

15  the environment, land use, and the welfare of the population.

16  Recognizing the need to ensure electric power system

17  reliability and integrity, and in order to meet electric

18  electrical energy needs in an orderly and timely fashion, the

19  centralized and coordinated licensing permitting process

20  established by this act is intended to further the legislative

21  goal of ensuring through available and reasonable methods that

22  the location of transmission line corridors and the

23  construction and maintenance of transmission lines produce

24  minimal adverse effects on the environment and public health,

25  safety, and welfare while not unduly conflicting with the

26  goals established by the applicable local comprehensive plan.

27  It is the intent of this act to fully balance the need for

28  transmission lines with the broad interests of the public in

29  order to effect a reasonable balance between the need for the

30  facility as a means of providing reliable, economically

31  efficient electric abundant low-cost electrical energy and the

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  impact on the public and the environment resulting from the

 2  location of the transmission line corridor and the

 3  construction and maintenance of the transmission lines. The

 4  Legislature intends that the provisions of chapter 120 apply

 5  to this act and to proceedings pursuant to it except as

 6  otherwise expressly exempted by other provisions of this act.

 7         Section 3.  Section 403.522, Florida Statutes, is

 8  amended to read:

 9         403.522  Definitions relating to the Florida Electric

10  Transmission Line Siting Act.--As used in this act:

11         (1)  "Act" means the Florida Electric Transmission Line

12  Siting Act.

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

14  official, officer, commission, authority, council, committee,

15  department, division, bureau, board, section, or other unit or

16  entity of government, including a county, municipality, or

17  other regional or local governmental entity.

18         (3)  "Amendment" means a material change in information

19  provided by the applicant to the application for certification

20  made after the initial application filing.

21         (4)  "Applicant" means any electric utility which

22  applies for certification pursuant to the provisions of this

23  act.

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

25  department to be filed to initiate and support a certification

26  review and evaluation, including the initial document filing,

27  amendments, and responses to requests from the department for

28  additional data and information proceeding. An electric

29  utility may file a comprehensive application encompassing all

30  or a part of one or more proposed transmission lines.

31  

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         (6)  "Board" means the Governor and Cabinet sitting as

 2  the siting board.

 3         (7)  "Certification" means the approval by the board of

 4  a corridor proper for certification pursuant to subsection

 5  (10) and the construction and maintenance of transmission

 6  lines within such corridor with such changes or conditions as

 7  the board deems appropriate. Certification shall be evidenced

 8  by a written order of the board.

 9         (8)  "Commission" means the Florida Public Service

10  Commission.

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

12  addressed all applicable sections of the prescribed

13  application format and, but does not mean that those sections

14  are sufficient in comprehensiveness of data or in quality of

15  information provided to allow the department to determine

16  whether the application provides the reviewing agencies

17  adequate information to prepare the reports required by s.

18  403.526.

19         (10)  "Corridor" means the proposed area within which a

20  transmission line right-of-way, including maintenance and

21  access roads, is to be located. The width of the corridor

22  proposed for certification by an applicant or other party, at

23  the option of the applicant, may be the width of the

24  transmission line right-of-way, or a wider boundary, not to

25  exceed a width of one-half 1 mile. The area within the

26  corridor in which a right-of-way may be located may be further

27  restricted by a condition of certification. After all property

28  interests required for the transmission line right-of-way have

29  been acquired by the applicant, the boundaries of the area

30  certified shall narrow to only that land within the boundaries

31  of the transmission line right-of-way, maintenance roads, and

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  access roads. The corridors proper for certification shall be

 2  those addressed in the application, in amendments to the

 3  application filed pursuant to s. 403.5275, and in notices of

 4  acceptance of proposed alternate corridors filed by an

 5  applicant and the department pursuant to s. 403.5271 for which

 6  the required sufficient information for the preparation of

 7  agency supplemental reports was filed.

 8         (11)  "Department" means the Department of

 9  Environmental Protection.

10         (12)  "Electric utility" means cities and towns,

11  counties, public utility districts, regulated electric

12  companies, electric cooperatives, regional transmission

13  organizations, independent transmission system operators, or

14  similar entities created and approved pursuant to the Federal

15  Energy Regulatory Commission's Order 2000, and joint operating

16  agencies, or combinations thereof, engaged in, or authorized

17  to engage in, the business of generating, transmitting, or

18  distributing electric energy.

19         (13)  "License" means a franchise, permit,

20  certification, registration, charter, comprehensive plan

21  amendment, development order, or permit as defined in chapters

22  163 and 380, or similar form of authorization required by law,

23  but it does not include a license required primarily for

24  revenue purposes when issuance of the license is merely a

25  ministerial act.

26         (14)  "Licensee" means an applicant that has obtained a

27  certification order for the subject project.

28         (15)(14)  "Local government" means a municipality or

29  county in the jurisdiction of which the project is proposed to

30  be located.

31  

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         (16)(15)  "Modification" means any change in the

 2  certification order after issuance, including a change in the

 3  conditions of certification.

 4         (17)(16)  "Nonprocedural requirements of agencies"

 5  means any agency's regulatory requirements established by

 6  statute, rule, ordinance, or comprehensive plan, excluding any

 7  provisions prescribing forms, fees, procedures, or time limits

 8  for the review or processing of information submitted to

 9  demonstrate compliance with such regulatory requirements.

10         (18)(17)  "Person" means an individual, partnership,

11  joint venture, private or public corporation, association,

12  firm, public service company, political subdivision, municipal

13  corporation, government agency, public utility district, or

14  any other entity, public or private, however organized.

15         (19)(18)  "Preliminary statement of issues" means a

16  listing and explanation of those issues within the agency's

17  jurisdiction which are of major concern to the agency in

18  relation to the proposed electric electrical transmission line

19  corridor.

20         (20)(19)  "Regional planning council" means a regional

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

22  jurisdiction of which the project is proposed to be located.

23         (20)  "Sufficiency" means that the application is not

24  only complete but that all sections are adequate in the

25  comprehensiveness of data and in the quality of information

26  provided to allow the department to determine whether the

27  application provides the reviewing agencies adequate

28  information to prepare the reports authorized by s. 403.526.

29         (21)  "Transmission line" means all structures, all

30  maintenance and access roads, and all other facilities that

31  need to be constructed, operated, or maintained for the

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  purpose of conveying electric power any electrical

 2  transmission line extending from, but not including, an

 3  existing or proposed substation or power plant to, but not

 4  including, an existing or proposed transmission network or

 5  rights-of-way or substation to which the applicant intends to

 6  connect which defines the end of the proposed project and

 7  which is designed to operate at 230 kilovolts or more. The

 8  starting point and ending point of a transmission line must be

 9  specifically defined by the applicant and must be verified by

10  the commission in its determination of need. A transmission

11  line includes structures and maintenance and access roads that

12  need to be constructed for the project to become operational.

13  The transmission line may include, at the applicant's option,

14  any proposed terminal or intermediate substations or

15  substation expansions necessary to serve the transmission

16  line.

17         (22)  "Transmission line right-of-way" means land

18  necessary for the construction and maintenance of a

19  transmission line. The typical width of the right-of-way shall

20  be identified in the application. The right-of-way shall be

21  located within the certified corridor and shall be identified

22  by the applicant subsequent to certification in documents

23  filed with the department prior to construction.

24         (23)  "Water management district" means a water

25  management district created pursuant to chapter 373 in the

26  jurisdiction of which the project is proposed to be located.

27         Section 4.  Section 403.523, Florida Statutes, is

28  amended to read:

29         403.523  Department of Environmental Protection; powers

30  and duties.--The department shall have the following powers

31  and duties:

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         (1)  To adopt procedural rules pursuant to ss.

 2  120.536(1) and 120.54 to implement the provisions of this act

 3  and to adopt or amend rules to implement the provisions of

 4  subsection (10).

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

 6  notices and the form, content, and necessary supporting

 7  documentation, and any required studies, for certification

 8  applications. All such data and studies shall be related to

 9  the jurisdiction of the agencies relevant to the application.

10         (3)  To receive applications for transmission line and

11  corridor certifications and initially determine the

12  completeness and sufficiency thereof.

13         (4)  To make or contract for studies of certification

14  applications. All such studies shall be related to the

15  jurisdiction of the agencies relevant to the application. For

16  studies in areas outside the jurisdiction of the department

17  and in the jurisdiction of another agency, the department may

18  initiate such studies, but only with the consent of such

19  agency.

20         (5)  To administer the processing of applications for

21  certification and ensure that the applications are processed

22  as expeditiously as possible.

23         (6)  To collect and process require such fees as

24  allowed by this act.

25         (7)  To prepare a report and a project impact written

26  analysis as required by s. 403.526.

27         (8)  To prescribe the means for monitoring the effects

28  arising from the location of the transmission line corridor

29  and the construction and maintenance of the transmission lines

30  to assure continued compliance with the terms of the

31  certification.

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         (9)  To make a determination of acceptability of any

 2  alternate corridor proposed for consideration pursuant to s.

 3  403.5271.

 4         (10)  To set requirements that reasonably protect the

 5  public health and welfare from the electric and magnetic

 6  fields of transmission lines for which an application is filed

 7  pursuant to after the effective date of this act.

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

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

10  of the certification order and supporting documents and

11  records for the life of the facility.

12         (11)  To present rebuttal evidence on any issue

13  properly raised at the certification hearing.

14         Section 5.  Section 403.524, Florida Statutes, is

15  amended to read:

16         403.524  Applicability; and certification;

17  exemptions.--

18         (1)  The provisions of this act apply to each

19  transmission line as defined herein, except a transmission

20  line certified pursuant to the Florida Electrical Power Plant

21  Siting Act. In the application, the starting point and ending

22  point of a transmission line must be specifically defined by

23  the applicant and must be verified by the commission in its

24  determination of need.

25         (2)  Except as provided in subsection (1), no

26  construction of any transmission line may be undertaken

27  without first obtaining certification under this act, but the

28  provisions of this act do not apply to:

29         (a)  Transmission lines for which development approval

30  has been obtained pursuant to chapter 380.

31  

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         (b)  Transmission lines which have been exempted by a

 2  binding letter of interpretation issued under s. 380.06(4), or

 3  in which the Department of Community Affairs or its

 4  predecessor agency has determined the utility to have vested

 5  development rights within the meaning of s. 380.05(18) or s.

 6  380.06(20).

 7         (c)  Transmission line development in which all

 8  construction is limited to established rights-of-way.

 9  Established rights-of-way include such rights-of-way for which

10  all necessary property interests are acquired or that are

11  created by state or local government entities to be used for

12  roads, highways, railroads, gas, water, oil, electricity, or

13  sewage and any other public purpose rights-of-way. For

14  transmission line rights-of-way, established rights-of-way

15  must have been created at least 5 years prior to the start of

16  construction of the proposed transmission line. Except for

17  transmission line rights-of-way, established rights-of-way

18  include rights-of-way created before or after October 1, 1983.

19  For transmission line rights-of-way, established rights-of-way

20  include rights-of-way created before October 1, 1983.

21         (d)  Transmission lines which are less than 15 miles in

22  length or which do not cross a county line, unless the

23  applicant has elected to apply for certification under the

24  act.

25         (3)  The exemption of a transmission line under this

26  act does not constitute an exemption for the transmission line

27  from other applicable permitting processes under other

28  provisions of law or local government ordinances.

29         (4)  A utility shall notify the department in writing,

30  prior to the start of construction, of the electric utility's

31  its intent to construct a transmission line exempted pursuant

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  to this section. Such notice shall be only for information

 2  purposes, and no action by the department shall be required

 3  pursuant to such notice. Notice may be included in any

 4  demonstration filed with the department prior to the start of

 5  construction that a new transmission line complies with the

 6  applicable electric and magnetic field standards.

 7         Section 6.  Section 403.525, Florida Statutes, is

 8  amended to read:

 9         403.525  Administrative law judge; appointment; powers

10  and duties of administrative law judge.--

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

12  whether complete or not, the department shall request the

13  Division of Administrative Hearings to designate an

14  administrative law judge to conduct the hearings required by

15  this act. The division director shall designate an

16  administrative law judge to conduct the hearings required by

17  this act within 7 days after receipt of the request from the

18  department. Whenever practicable, the division director shall

19  assign an administrative law judge who has had prior

20  experience or training in this type of certification

21  proceeding. Upon being advised that an administrative law

22  judge has been designated, the department shall immediately

23  file a copy of the application and all supporting documents

24  with the administrative law judge, who shall docket the

25  application.

26         (2)  The administrative law judge shall have all powers

27  and duties granted to administrative law judges by chapter 120

28  and by the laws and rules of the department.

29         Section 7.  Section 403.5251, Florida Statutes, is

30  amended to read:

31         403.5251  Distribution of application; schedules.--

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         (1)  The formal date of certification application

 2  filing and commencement of the certification review process

 3  shall be the date on which the applicant has submitted to the

 4  department copies of the certification application in a

 5  quantity identified by rule and the certification application

 6  fee specified under s. 403.5365. One copy of the application

 7  shall be submitted in electronic format.

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

 9  the department shall provide the applicant and the Division of

10  Administrative Hearings the names and addresses of those

11  affected or other agencies entitled to notice and copies of

12  the application and any amendments.

13         (3)(2)  Within 15 7 days after the formal date of the

14  application filing completeness has been determined, the

15  department shall prepare a proposed schedule of dates for

16  determination of completeness, submission of statements of

17  issues, determination of sufficiency, and submittal of final

18  reports, from affected and other agencies and other

19  significant dates to be followed during the certification

20  process, including dates for filing notices of appearances to

21  be a party pursuant to s. 403.527(3)(4). This schedule shall

22  be provided by the department to the applicant, the

23  administrative law judge, and the agencies identified pursuant

24  to subsection (2) (1).

25         (4)(3)  Within 15 7 days after the filing of the

26  application completeness has been determined, the applicant

27  shall distribute copies of the application to all agencies

28  identified by the department pursuant to subsection (2) (1).

29  The applicant shall file a notice that the application has

30  been distributed to the administrative law judge and the

31  department. The formal date of the distribution of the

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  application shall be the date on which such notice is filed.

 2  Copies of changes and amendments to the application shall be

 3  timely distributed by the applicant to all agencies and

 4  parties who have received a copy of the application.

 5         (5)  Notice of the filing of the application shall be

 6  made in accordance with the requirements of s. 403.5363 by the

 7  applicant no later than 21 days after the application filing.

 8         Section 8.  Section 403.5252, Florida Statutes, is

 9  amended to read:

10         403.5252  Determination of completeness.--

11         (1)(a)  The department shall consult with the affected

12  agencies and may include their recommendations on the

13  completeness of the application. Such agencies shall submit to

14  the department recommendations on the completeness of the

15  application within 30 days after the distribution of the

16  application.

17         (b)  Within 45 15 days after distribution receipt of an

18  application, the department shall file a statement with the

19  Division of Administrative Hearings, and with the applicant,

20  and with all parties declaring its position with regard to the

21  completeness, not the sufficiency, of the application.

22         (2)(1)  If the department declares the application to

23  be incomplete, the applicant, within 15 days after the filing

24  of the statement by the department, shall file with the

25  Division of Administrative Hearings, and with the department,

26  and with all parties a statement:

27         (a)  Agreeing with the statement of the department and

28  withdrawing the application;

29         (b)  Agreeing with the statement of the department and

30  agreeing to render amend the application complete without

31  withdrawing it by filing additional information necessary to

                                  18

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  make the application complete. The time schedules shall be

 2  tolled as of the date of the determination that the

 3  application is not complete, referencing a complete

 4  application under this act shall not commence until the

 5  application is determined complete; or

 6         (c)  Notifying the department that the information will

 7  not be supplied, in which case the application shall be

 8  processed as filed; or

 9         (d)(c)  Contesting the statement of the department.

10         (3)(a)(2)  If the applicant contests the determination

11  by the department that an application is incomplete, the

12  administrative law judge shall schedule a hearing on the

13  statement of completeness. The hearing shall be held as

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

15  the filing of the statement by the department. The

16  administrative law judge shall render a decision within 10

17  days after the hearing.

18         (b)  Parties to a hearing on the issue of completeness

19  shall include the applicant, the department, and any agency

20  that has jurisdiction over the matter in dispute. Any

21  substantially affected person who wishes to become a party to

22  the completeness hearing shall file a motion no later than 10

23  days prior to the date of the hearing.

24         (c)(a)  If the administrative law judge determines that

25  the application was not complete as filed, the applicant shall

26  withdraw the application or make such additional submittals as

27  necessary to complete it. The time schedules referencing a

28  complete application under this act shall not commence until

29  the application is determined complete.

30         (d)(b)  If the administrative law judge determines that

31  the application was complete at the time it was declared

                                  19

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  incomplete filed, the time schedules referencing a complete

 2  application under this act shall commence upon such

 3  determination.

 4         Section 9.  Section 403.5253, Florida Statutes, is

 5  repealed.

 6         Section 10.  Section 403.526, Florida Statutes, is

 7  amended to read:

 8         403.526  Preliminary statements of issues, reports,

 9  project impact analyses, and studies.--

10         (1)  Each affected agency which received an application

11  in accordance with s. 403.5251(4)(3) shall submit a

12  preliminary statement of issues to the department and all

13  parties the applicant no later than 15 60 days after the

14  certification application has been determined to be complete

15  distribution of the complete application. Such statements of

16  issues shall be made available to each local government for

17  use as information for public meetings pursuant to s.

18  403.5272. The failure to raise an issue in this preliminary

19  statement of issues shall not preclude the issue from being

20  raised in the agency's report.

21         (2)(a)  The following affected agencies shall prepare

22  reports as provided below and shall submit them to the

23  department and the applicant no later than 60 within 90 days

24  after the certification application has been determined to be

25  complete distribution of the complete application:

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

27  impact of each proposed transmission line or corridor as it

28  relates to matters within its jurisdiction.

29         2.  Each water management district in the jurisdiction

30  of which a proposed transmission line or corridor is to be

31  

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  located shall prepare a report as to the impact on water

 2  resources and other matters within its jurisdiction.

 3         3.  The Department of Community Affairs shall prepare a

 4  report containing recommendations which address the impact

 5  upon the public of the proposed transmission line or corridor,

 6  based on the degree to which the proposed transmission line or

 7  corridor is consistent with the applicable portions of the

 8  state comprehensive plan, emergency management, and other

 9  matters within its jurisdiction. The Department of Community

10  Affairs may also comment on the consistency of the proposed

11  transmission line or corridor with applicable strategic

12  regional policy plans or local comprehensive plans and land

13  development regulations.

14         4.  The Fish and Wildlife Conservation Commission shall

15  prepare a report as to the impact of each proposed

16  transmission line or corridor on fish and wildlife resources

17  and other matters within its jurisdiction.

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

19  the impact of each proposed transmission line or corridor on

20  matters within its jurisdiction, including the consistency of

21  the proposed transmission line or corridor with all applicable

22  local ordinances, regulations, standards, or criteria that

23  apply to the proposed transmission line or corridor, including

24  local comprehensive plans, zoning regulations, land

25  development regulations, and any applicable local

26  environmental regulations adopted pursuant to s. 403.182 or by

27  other means. No change by the responsible local government or

28  local agency in local comprehensive plans, zoning ordinances,

29  or other regulations made after the date required for the

30  filing of the local government's report required by this

31  section shall be applicable to the certification of the

                                  21

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  proposed transmission line or corridor unless the

 2  certification is denied or the application is withdrawn.

 3         6.  Each regional planning council shall present a

 4  report containing recommendations that address the impact upon

 5  the public of the proposed transmission line or corridor based

 6  on the degree to which the transmission line or corridor is

 7  consistent with the applicable provisions of the strategic

 8  regional policy plan adopted pursuant to chapter 186 and other

 9  impacts of each proposed transmission line or corridor on

10  matters within its jurisdiction.

11         7.  The Department of Transportation shall prepare a

12  report as to the impact of the proposed transmission line or

13  corridor on roads, railroads, airports, aeronautics, seaports,

14  and other matters within its jurisdiction.

15         8.  Any other agency within the jurisdiction of which

16  the proposed transmission line and corridor would be located

17  may prepare a report addressing the impact of the proposed

18  transmission line or corridor on matters within that agency's

19  jurisdiction.

20         (b)  Each report shall contain:

21         1.  A notice of any nonprocedural requirements not

22  specifically listed in the application from which a variance,

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

24  for the board to certify any corridor proposed for

25  certification. Failure of such notification shall be treated

26  as a waiver from the nonprocedural requirements of that

27  agency.

28         2.  A recommendation for approval or denial of the

29  application.

30         3.  the information on variances required by s.

31  403.531(2) and Proposed conditions of certification on matters

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  within the jurisdiction of each agency. For each condition

 2  proposed by an agency, the agency shall list the specific

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

 4  the proposed condition.

 5         (c)  Each reviewing agency shall initiate the

 6  activities required by this section no later than 15 days

 7  after the complete application is distributed. Each agency

 8  shall keep the applicant and the department informed as to the

 9  progress of its studies and any issues raised thereby.

10         (d)  Receipt of an affirmative determination of need by

11  the submittal deadline for agency reports under paragraph (a)

12  shall be a condition precedent to further processing of the

13  application.

14         (3)  The department shall prepare a project impact

15  written analysis which contains a compilation of agency

16  reports and summaries of the material contained therein which

17  shall be filed with the administrative law judge and served on

18  all parties no later than 90 135 days after the determination

19  that the application is complete application has been

20  distributed to the affected agencies, and which shall include:

21         (a)  The studies and reports required by this section

22  and s. 403.537.

23         (b)  Comments received from any other agency or person.

24         (c)  The recommendation of the department as to the

25  disposition of the application, of variances, exemptions,

26  exceptions, or other relief identified by any party, and of

27  any proposed conditions of certification which the department

28  believes should be imposed.

29         (4)  The failure of any agency to submit a preliminary

30  statement of issues or a report, or to submit its preliminary

31  statement of issues or report within the allowed time, shall

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  not be grounds for the alteration of any time limitation in

 2  this act pursuant to s. 403.528. Neither the failure to submit

 3  a preliminary statement of issues or a report nor the

 4  inadequacy of the preliminary statement of issues or report

 5  shall be grounds to deny or condition certification.

 6         Section 11.  Section 403.527, Florida Statutes, is

 7  amended to read:

 8         403.527  Certification hearing; Notice, proceedings,

 9  parties, participants.--

10         (1)(a)  No later than 15 days after an application has

11  been determined complete, the applicant shall arrange for

12  publication of a notice of the application and of the

13  proceedings required by this act. Such notice shall give

14  notice of the provisions of s. 403.531(1) and (2).

15         (b)  The applicant shall arrange for publication of a

16  notice of the certification hearing and other public hearings

17  provided for in this section and notice of the deadline for

18  filing of notice of intent to be a party. Such notices shall

19  be published at least 80 days before the date set for the

20  hearing.

21         (c)  The applicant shall arrange for publication of a

22  reminder notice in the newspapers specified in paragraph (d)

23  no more than 10 days prior to the certification hearing,

24  reminding the public of the date and location of the hearing.

25  This notice shall not constitute a point of entry for

26  intervention in the proceeding.

27         (d)  Notices to be published by the applicant shall be

28  published in newspapers of general circulation within counties

29  crossed by the transmission line corridors proper for

30  certification. The required newspaper notices, other than the

31  reminder notice, shall be one-half page in size in a standard

                                  24

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




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

 2  published in a section of the newspaper other than the legal

 3  notices section. These notices shall include a map generally

 4  depicting all transmission corridors proper for certification.

 5  A newspaper of general circulation shall be the newspaper

 6  within a county crossed by a transmission line corridor proper

 7  for certification which newspaper has the largest daily

 8  circulation in that county and has its principal office in

 9  that county. If the newspaper with the largest daily

10  circulation has its principal office outside the county, then

11  the notices shall appear in both the newspaper having the

12  largest circulation in that county and in a newspaper

13  authorized to publish legal notices in that county.

14         (e)  The department shall publish in the Florida

15  Administrative Weekly notices of the application; of the

16  certification hearing; of the hearing before the board; and of

17  stipulations, proposed agency action, or petitions for

18  modification.

19         (f)  The department shall adopt rules specifying the

20  content of notices required by this section. All notices

21  published by the applicant shall be paid for by the applicant

22  and shall be in addition to the application fee.

23         (1)(a)(2)  No later than 125 185 days after the

24  application has been determined complete receipt of a complete

25  application by the department, the administrative law judge

26  shall conduct a certification hearing pursuant to ss. 120.569

27  and 120.57 at a central location in proximity to the proposed

28  transmission line or corridor.

29         (b)  One public hearing where members of the public who

30  are not parties to the certification hearing may testify shall

31  

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  be held within the boundaries of each county, at the option of

 2  any local government.

 3         1.  The local government shall notify the

 4  administrative law judge and all parties not later than 40 50

 5  days after the application has been determined receipt of a

 6  complete application as to whether the local government wishes

 7  to have such a public hearing. The local government shall be

 8  responsible for determining the location of the public

 9  hearing.

10         2.  Within 5 days after of such notification, the

11  administrative law judge shall determine the date of such

12  public hearing, which shall be held before or during the

13  certification hearing. In the event two or more local

14  governments within one county request such a public hearing,

15  the hearing shall be consolidated so that only one such public

16  hearing is held in any county. The location of a consolidated

17  hearing shall be determined by the administrative law judge.

18         3.  If a local government does not request a public

19  hearing within 40 50 days after the application has been

20  determined receipt of a complete application, persons residing

21  within the jurisdiction of such local government may testify

22  at the public hearing portion of the certification hearing.

23         (c)  The order of presentation at the certification

24  hearing, unless otherwise changed by the administrative law

25  judge to ensure the orderly presentation of witnesses and

26  evidence, shall be:

27         1.  The applicant.

28         2.  The department.

29         3.  State agencies.

30         4.  Regional agencies, including regional planning

31  councils and water management districts.

                                  26

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         5.  Local governments.

 2         6.  Other parties.

 3         (d)  When appropriate, any person may be given an

 4  opportunity to present oral or written communications to the

 5  administrative law judge. If the administrative law judge

 6  proposes to consider such communications, all parties shall be

 7  given an opportunity to cross-examine, challenge, or rebut

 8  such communications.

 9         (e)  The applicant shall pay those expenses and costs

10  associated with the conduct of the hearings and the recording

11  and transcription of the proceedings.

12         (2)  Notice of the certification hearing and other

13  public hearings provided for in this section and notice of the

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

15  made in accordance with the requirements of s. 403.5363. Such

16  notices shall be published at least 65 days before the date

17  set for the certification hearing.

18         (3)(a)  At the conclusion of the certification hearing,

19  the administrative law judge shall, after consideration of all

20  evidence of record, issue a recommended order disposing of the

21  application no later than 60 days after the transcript of the

22  certification hearing and the public hearings is filed with

23  the Division of Administrative Hearings.

24         (b)  In the event the administrative law judge fails to

25  issue a recommended order within 60 days after the filing of

26  the hearing transcript, the administrative law judge shall

27  submit a report to the board with a copy to all parties within

28  60 days after the filing of the hearing transcript to advise

29  the board of the reason for the delay in the issuance of the

30  recommended order and of the date by which the recommended

31  order will be issued.

                                  27

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         (3)(4)(a)  Parties to the proceeding shall be:

 2         1.  The applicant.

 3         2.  The department.

 4         3.  The commission.

 5         4.  The Department of Community Affairs.

 6         5.  The Fish and Wildlife Conservation Commission.

 7         6.  The Department of Transportation.

 8         7.6.  Each water management district in the

 9  jurisdiction of which the proposed transmission line or

10  corridor is to be located.

11         8.7.  The local government.

12         9.8.  The regional planning council.

13         (b)  Any party listed in paragraph (a), other than the

14  department or the applicant, may waive its right to

15  participate in these proceedings. If any listed party fails to

16  file a notice of its intent to be a party on or before the

17  30th day prior to the certification hearing, such party shall

18  be deemed to have waived its right to be a party unless its

19  participation would not prejudice the rights of any party to

20  the proceeding.

21         (c)  Notwithstanding the provisions of chapter 120 to

22  the contrary, upon the filing with the administrative law

23  judge of a notice of intent to be a party by an agency or

24  corporation or association described in subparagraphs 1. and

25  2. or a petition for intervention by a person described in

26  subparagraph 3. no later than 30 days prior to the date set

27  for the certification hearing, the following shall also be

28  parties to the proceeding:

29         1.  Any agency not listed in paragraph (a) as to

30  matters within its jurisdiction.

31  

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         2.  Any domestic nonprofit corporation or association

 2  formed, in whole or in part, to promote conservation of

 3  natural beauty; to protect the environment, personal health,

 4  or other biological values; to preserve historical sites; to

 5  promote consumer interests; to represent labor, commercial, or

 6  industrial groups; or to promote comprehensive planning or

 7  orderly development of the area in which the proposed

 8  transmission line or corridor is to be located.

 9         3.  Any person whose substantial interests are affected

10  and being determined by the proceeding.

11         (d)  Any agency whose properties or works may be

12  affected shall be made a party upon the request of the agency

13  or any party to this proceeding.

14         (4)(a)  At the conclusion of the certification hearing,

15  the administrative law judge shall, after consideration of all

16  evidence of record, issue a recommended order disposing of the

17  application no later than 45 days after the transcript of the

18  certification hearing and the public hearings is filed with

19  the Division of Administrative Hearings.

20         (b)  In the event the administrative law judge fails to

21  issue a recommended order within 45 days after the filing of

22  the hearing transcript, the administrative law judge shall

23  submit a report to the siting board with a copy to all parties

24  within 60 days after the filing of the hearing transcript to

25  advise the siting board of the reason for the delay in the

26  issuance of the recommended order and of the date by which the

27  recommended order will be issued.

28         (5)(a)  No later than 25 days prior to the conduct of

29  the certification hearing, the department or the applicant may

30  request that the administrative law judge cancel the

31  certification hearing and relinquish jurisdiction to the

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  department if all parties to the proceeding stipulate that

 2  there are no disputed issues of fact to be raised at the

 3  certification hearing.

 4         (b)  The administrative law judge shall issue an order

 5  granting or denying the request within 5 days.

 6         (c)  If the administrative law judge grants the

 7  request, no later than 7 days prior to the date of the

 8  originally scheduled certification hearing, the department and

 9  the applicant shall publish notices of the cancellation of the

10  certification hearing in accordance with s. 403.5363.

11         (d)  If the administrative law judge grants the

12  request, within 30 days after the administrative law judge's

13  order relinquishing jurisdiction, the department shall prepare

14  a recommended order, including proposed conditions of

15  certification, for final action by the siting board. Parties

16  may submit proposed recommended orders to the department no

17  later than 10 days after the administrative law judge issues

18  his or her order relinquishing jurisdiction.

19         (5)  When appropriate, any person may be given an

20  opportunity to present oral or written communications to the

21  administrative law judge. If the administrative law judge

22  proposes to consider such communications, all parties shall be

23  given an opportunity to cross-examine or challenge or rebut

24  such communications.

25         (6)  The administrative law judge shall have all powers

26  and duties granted to administrative law judges by chapter 120

27  and by the laws and rules of the department, including the

28  authority to resolve disputes over the completeness or

29  sufficiency of an application for certification.

30         (7)  The order of presentation at the certification

31  hearing, unless otherwise changed by the administrative law

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  judge to ensure the orderly presentation of witnesses and

 2  evidence, shall be:

 3         (a)  The applicant.

 4         (b)  The department.

 5         (c)  State agencies.

 6         (d)  Regional agencies, including regional planning

 7  councils and water management districts.

 8         (e)  Local governments.

 9         (f)  Other parties.

10         (8)  The applicant shall pay those expenses and costs

11  associated with the conduct of the hearings and the recording

12  and transcription of the proceedings.

13         Section 12.  Subsections (1) and (3) of section

14  403.5271, Florida Statutes, are amended to read:

15         403.5271  Alternate corridors.--

16         (1)  No later than 50 days prior to the originally

17  scheduled certification hearing, any party may propose

18  alternate transmission line corridor routes for consideration

19  pursuant to the provisions of this act.

20         (a)  A notice of any such proposed alternate corridor

21  shall be filed with the administrative law judge, all parties,

22  and any local governments in whose jurisdiction the alternate

23  corridor is proposed. Such filing shall include the most

24  recent United States Geological Survey 1:24,000 quadrangle

25  maps specifically delineating the corridor boundaries, a

26  description of the proposed corridor, and a statement of the

27  reasons the proposed alternate corridor should be certified.

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

29  applicant and the department shall file with the

30  administrative law judge and all parties a notice of

31  acceptance or rejection of a proposed alternate corridor for

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  consideration. If the alternate corridor is rejected either by

 2  the applicant or the department, the certification hearing and

 3  the public hearings shall be held as scheduled. If both the

 4  applicant and the department accept a proposed alternate

 5  corridor for consideration, the certification hearing and the

 6  public hearings shall be rescheduled, if necessary.

 7         2.  If rescheduled, the certification hearing shall be

 8  held no more than 100 90 days after the previously scheduled

 9  certification hearing, unless additional time is needed due to

10  the alternate corridor crossing a local government

11  jurisdiction not previously affected, in which case the

12  remainder of the schedule listed below shall be appropriately

13  adjusted by the administrative law judge to allow that local

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

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

16  revised time schedules, of the deadline for newly affected

17  persons and agencies to file notice of intent to become a

18  party, of the rescheduled hearing date, and of the proceedings

19  pursuant to s. 403.527(1)(b) and (c) shall be published in

20  accordance with the requirements of s. 403.5363 at least 65

21  days prior to the rescheduled hearing.

22         (d)  Within 21 25 days after acceptance of an alternate

23  corridor by the department and the applicant, the party

24  proposing an alternate corridor shall have the burden of

25  providing all additional data to the agencies listed in s.

26  403.526(2), and newly affected agencies, necessary for the

27  preparation of a supplementary report on the proposed

28  alternate corridor.

29         (e)1.  Reviewing agencies shall advise the department

30  of their completeness issues no later than 12 days after the

31  submittal of the data required by paragraph (d). If the

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  department determines Within 15 days after receipt of such

 2  data, the department shall issue a determination of

 3  completeness.

 4         2.  If the department determines that the this

 5  additional data required by paragraph (d) is not complete

 6  insufficient, the party proposing the alternate corridor shall

 7  file such additional data that corrects the incompleteness.

 8  This additional data must be submitted insufficiency within 15

 9  days after the filing of the department's determination.

10         3.  If such additional information data is determined

11  by the department within 15 days after receipt to be

12  incomplete insufficient, such incompleteness insufficiency of

13  data shall be deemed a withdrawal of the proposed alternate

14  corridor. The party proposing an alternate corridor shall have

15  the burden of proof on the certifiability of the alternate

16  corridor at the certification hearing pursuant to s.

17  403.529(4). Nothing in this act shall be construed as

18  requiring the applicant or agencies not proposing the

19  alternate corridor to submit data in support of such alternate

20  corridor.

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

22  affected agencies shall file supplementary reports with the

23  applicant and department that address addressing the proposed

24  alternate corridors no later than 30 60 days after the

25  additional data is submitted pursuant to paragraph (d) (e) is

26  determined to be complete.

27         (g)  The agency reports on alternate corridors shall

28  include all information required by s. 403.526(2) agencies

29  shall submit supplementary notice pursuant to s. 403.531(2) at

30  the time of filing of their supplemental report.

31  

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         (h)  The department shall file with the administrative

 2  law judge, the applicant, and all parties a project impact

 3  prepare a written analysis consistent with s. 403.526(3) at

 4  least 29 days prior to the rescheduled certification hearing

 5  addressing the proposed alternate corridor.

 6         (3)(a)  Notwithstanding the rejection of a proposed

 7  alternate corridor by the applicant or the department, any

 8  party may present evidence at the certification hearing to

 9  show that a corridor proper for certification does not satisfy

10  the criteria listed in s. 403.529 or that a rejected alternate

11  corridor would meet the criteria set forth in s. 403.529. No

12  evidence shall be admitted at the certification hearing on any

13  alternate corridor, unless the alternate corridor was proposed

14  by the filing of a notice at least 50 days prior to the

15  originally scheduled certification hearing pursuant to this

16  section. Rejected alternate corridors shall be considered by

17  the board as provided in s. 403.529(4) and (5).

18         (b)  The party proposing an alternate corridor shall

19  have the burden of proof on the certifiability of the

20  alternate corridor at the certification hearing pursuant to s.

21  403.529(4). Nothing in this act shall be construed as

22  requiring the applicant or agencies not proposing the

23  alternate corridor to submit data in support of such alternate

24  corridor.

25         Section 13.  Section 403.5272, Florida Statutes, is

26  amended to read:

27         403.5272  Local governments; Informational public

28  meetings.--

29         (1)  Local governments or regional planning councils

30  may hold informational public meetings in addition to the

31  hearings specifically authorized by this act on any matter

                                  34

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  associated with the transmission line proceeding. Such

 2  informational public meetings should be held no later than 30

 3  80 days after the application has been determined complete is

 4  filed. The purpose of an informational public meeting is for

 5  the local government or regional planning council to further

 6  inform the general public about the transmission line

 7  proposed, obtain comments from the public, and formulate its

 8  recommendation with respect to the proposed transmission line.

 9         (2)  Informational public meetings shall be held solely

10  at the option of each local government or regional planning

11  council. It is the legislative intent that local governments

12  or regional planning councils attempt to hold such public

13  meetings. Parties to the proceedings under this act shall be

14  encouraged to attend; however, no party other than the

15  applicant and the department shall be required to attend such

16  informational public hearings.

17         (3)  The failure to hold an informational public

18  meeting or the procedure used for the informational public

19  meeting shall not be grounds for the alteration of any time

20  limitation in this act pursuant to s. 403.528 or grounds to

21  deny or condition certification.

22         Section 14.  Subsection (1) of section 403.5275,

23  Florida Statutes, is amended to read:

24         403.5275  Amendment to the application.--

25         (1)  Any amendment made to the application prior to

26  certification shall be sent by the applicant to the

27  administrative law judge and to all parties to the proceeding.

28         Section 15.  Subsections (1) and (2) and paragraph (e)

29  of subsection (4) of section 403.529, Florida Statutes, are

30  amended to read:

31         403.529  Final disposition of application.--

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         (1)  Within 30 days after receipt of the administrative

 2  law judge's or the department's recommended order, the board

 3  shall act upon the application by written order, approving in

 4  whole, approving with such conditions as the board deems

 5  appropriate, or denying the certification and stating the

 6  reasons for issuance or denial.

 7         (2)  The issues that may be raised in any hearing

 8  before the board shall be limited to matters raised in the

 9  certification proceeding before the administrative law judge

10  or raised in the administrative law judge's or department's

11  recommended order. All parties, or their representatives, or

12  persons who appear before the board shall be subject to the

13  provisions of s. 120.66.

14         (4)  In determining whether an application should be

15  approved in whole, approved with modifications or conditions,

16  or denied, the board shall consider whether, and the extent to

17  which, the location of the transmission line corridor and the

18  construction and maintenance of the transmission line will:

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

20  the transmission line as a means of providing reliable,

21  economically efficient electric abundant low-cost electrical

22  energy and the impact upon the public and the environment

23  resulting from the location of the transmission line corridor

24  and maintenance of the transmission lines.

25         Section 16.  Subsections (2) and (3) of section

26  403.531, Florida Statutes, are amended to read:

27         403.531  Effect of certification.--

28         (2)(a)  The certification shall authorize the licensee

29  applicant to locate the transmission line corridor and to

30  construct and maintain the transmission lines subject only to

31  

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  the conditions of certification set forth in such

 2  certification.

 3         (b)  The certification may include conditions which

 4  constitute variances and exemptions from nonprocedural

 5  standards or regulations of the department or any other

 6  agency, which were expressly considered during the

 7  certification review proceeding unless waived by the agency as

 8  provided s. 403.526 below and which otherwise would be

 9  applicable to the location of the proposed transmission line

10  corridor or the construction and maintenance of the

11  transmission lines. Each party shall notify the applicant and

12  other parties at the time scheduled for the filing of the

13  agency reports of any nonprocedural requirements not

14  specifically listed in the application from which a variance,

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

16  for the board to certify any corridor proposed for

17  certification. Failure of such notification shall be treated

18  as a waiver from the nonprocedural requirements of that

19  agency.

20         (3)(a)  The certification shall be in lieu of any

21  license, permit, certificate, or similar document required by

22  any agency pursuant to, but not limited to, chapter 125,

23  chapter 161, chapter 163, chapter 166, chapter 186, chapter

24  253, chapter 258, chapter 298, chapter 370, chapter 373,

25  chapter 376, chapter 380, chapter 381, chapter 387, chapter

26  403, chapter 404, or the Florida Transportation Code, or 33

27  U.S.C. s. 1341.

28         (b)  On certification, any license, easement, or other

29  interest in state lands, except those the title of which is

30  vested in the Board of Trustees of the Internal Improvement

31  Trust Fund, shall be issued by the appropriate agency as a

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  ministerial act. The applicant shall be required to seek any

 2  necessary interest in state lands the title to which is vested

 3  in the Board of Trustees of the Internal Improvement Trust

 4  Fund from the board of trustees before, during, or after the

 5  certification proceeding, and certification may be made

 6  contingent upon issuance of the appropriate interest in

 7  realty. However, neither the applicant nor any party to the

 8  certification proceeding may directly or indirectly raise or

 9  relitigate any matter which was or could have been an issue in

10  the certification proceeding in any proceeding before the

11  Board of Trustees of the Internal Improvement Trust Fund

12  wherein the applicant is seeking a necessary interest in state

13  lands, but the information presented in the certification

14  proceeding shall be available for review by the board of

15  trustees and its staff.

16         Section 17.  Section 403.5312, Florida Statutes, is

17  amended to read:

18         403.5312  Filing Recording of notice of certified

19  corridor route.--

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

21  associated transmission line pursuant to ss. 403.501-403.518

22  or a transmission line corridor pursuant to ss.

23  403.52-403.5365, the applicant shall file, in accordance with

24  s. 28.222, with the department and the clerk of the circuit

25  court for each county through which the corridor will pass, a

26  notice of the certified route.

27         (2)  The notice shall consist of maps or aerial

28  photographs in the scale of 1:24,000 which clearly show the

29  location of the certified route and shall state that the

30  certification of the corridor will result in the acquisition

31  of rights-of-way within the corridor. Each clerk shall record

                                  38

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  the filing in the official record of the county for the

 2  duration of the certification or until such time as the

 3  applicant certifies to the department and the clerk that all

 4  lands required for the transmission line rights-of-way within

 5  the corridor have been acquired within such county, whichever

 6  is sooner.

 7         (3)  The recording of this notice shall not constitute

 8  a lien, cloud, or encumbrance on real property.

 9         Section 18.  Section 403.5317, Florida Statutes, is

10  created to read:

11         403.5317  Postcertification amendments.--

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

13  licensee proposes any material change to the application, and

14  revisions or amendments thereto, as certified, the licensee

15  shall submit to the department a written request for amendment

16  and description of the proposed change to the application. The

17  department shall, within 30 days after the receipt of the

18  request for the amendment, determine whether the proposed

19  change to the application requires a modification of the

20  conditions of certification.

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

22  not require a modification of the conditions of certification,

23  the department shall notify, in writing, the licensee, all

24  agencies, and all parties of the approval of the proposed

25  amendment.

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

27  require a modification of the conditions of certification, the

28  department shall notify the licensee that the proposed change

29  to the application requires a request for modification

30  pursuant to s. 403.5315.

31  

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         Section 19.  Section 403.5363, Florida Statutes, is

 2  created to read:

 3         403.5363  Public notices, requirements.--

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

 5  of the following notices. Such notices shall be published in

 6  newspapers of general circulation within counties crossed by

 7  the transmission line corridors proper for certification:

 8         1.  Notice of the submittal of the application, which

 9  shall include a description of the proceedings required by

10  this act. Such notice shall give notice of the provisions of

11  s. 403.531(1) and (2) and the notice of the deadline for

12  filing of notice of intent to be a party.

13         2.  Notice of the certification hearing.

14         3.  Notice of the cancellation of the certification

15  hearing, if applicable.

16         4.  Notice of filing of a modification proposal

17  submitted pursuant to s. 403.5315, if the department

18  determines that the modification would require relocation or

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

20  substation.

21         (b)  The proponent of an alternate corridor shall

22  arrange for the publication of the filing of the alternate, of

23  the revised time schedules, of the deadline for newly affected

24  persons and agencies to file notice of intent to become a

25  party, and of the rescheduled hearing dates. Such notices

26  shall be published in newspapers of general circulation within

27  counties crossed by the proposed alternate corridor.

28         (c)  The department shall arrange for publication of

29  the following notices in the manner specified by chapter 120:

30         1.  Notice of the submittal of the application and the

31  deadline to become a party.

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         2.  Notice of any administrative hearings on

 2  certification.

 3         3.  Notice of the cancellation of the certification

 4  hearings, if applicable.

 5         4.  Notice of the hearing before the siting board.

 6         5.  Notice of stipulations, proposed agency action, or

 7  petitions for modification.

 8         (2)  The department shall adopt rules specifying the

 9  content of notices required by this section. All notices

10  published by the applicant shall be paid for by the applicant

11  and shall be in addition to the application fee.

12         Section 20.  Section 403.5365, Florida Statutes, is

13  amended to read:

14         403.5365  Fees; disposition.--The department shall

15  charge the applicant the following fees, as appropriate,

16  which, unless otherwise specified, shall be paid into the

17  Florida Permit Fee Trust Fund:

18         (1)  An application fee of $150,000 $100,000, plus $750

19  per mile for each mile of corridor in which the transmission

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

21  electric electrical transmission line right-of-way or within

22  any existing right-of-way for any road, highway, railroad, or

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

24  mile of electric transmission line corridor proposed to be

25  located outside such existing right-of-way.

26         (a)  Fifty Sixty percent of the fee shall go to the

27  department to cover any costs associated with coordinating the

28  review of reviewing and acting upon the application and any

29  costs for field services associated with monitoring

30  construction and operation of the electric transmission line

31  facility.

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         (b)  The following sums Twenty percent of the fees

 2  specified under this section, except postcertification fees,

 3  shall be transferred to the Administrative Trust Fund of the

 4  Division of Administrative Hearings of the Department of

 5  Management Services:

 6         1.  Five percent to compensate for expenses from the

 7  initial exercise of duties associated with the filing of an

 8  application.

 9         2.  An additional 10 percent if an administrative

10  hearing pursuant to s. 403.527 is held.

11         (c)  Upon written request with proper itemized

12  accounting within 90 days after final agency action by the

13  board or withdrawal of the application, the agencies that

14  prepared reports pursuant to s. 403.526 or s. 403.5271 or

15  participated in a hearing pursuant to s. 403.527 or s.

16  403.5271 may submit a written request to the department for

17  reimbursement of expenses incurred during the certification

18  proceedings. The request shall contain an accounting of

19  expenses incurred, which may include time spent reviewing the

20  application, department shall reimburse the expenses and costs

21  of the Department of Community Affairs, the Fish and Wildlife

22  Conservation Commission, the water management district,

23  regional planning council, and local government in the

24  jurisdiction of which the transmission line is to be located.

25  Such reimbursement shall be authorized for the preparation of

26  any studies required of the agencies by this act, and for

27  agency travel and per diem to attend any hearing held pursuant

28  to this act, and for the local government's or regional

29  planning council's provision of additional notice of the

30  informational public meetings government to participate in the

31  proceedings. The department shall review the request and

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  verify that the expenses are valid. Valid expenses shall be

 2  reimbursed; however, in the event the amount of funds

 3  available for reimbursement allocation is insufficient to

 4  provide for full compensation complete reimbursement to the

 5  agencies requesting reimbursement, reimbursement shall be on a

 6  prorated basis.

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

 8  retain them for its use in the same manner as is otherwise

 9  authorized by this section; provided, however, that if the

10  certification application is withdrawn prior to the initial

11  determination on completeness, one-half of the application fee

12  the remaining sums shall be refunded to the applicant within

13  90 days after withdrawal.

14         (2)  An amendment fee.

15         (a)  If no corridor alignment change is proposed by the

16  amendment, no amendment fee shall be charged.

17         (b)  If a corridor alignment change pursuant to s.

18  403.5275(2) is proposed by the applicant, an additional fee of

19  a minimum of $2,000 and $750 per mile shall be submitted to

20  the department for use in accordance with this act.

21         (c)  If an amendment is required to address issues,

22  including alternate corridors pursuant to s. 403.5271, raised

23  by the department or other parties, no fee for such amendment

24  shall be charged.

25         (3)  A certification modification fee.

26         (a)  If no corridor alignment change is proposed by the

27  licensee applicant, the modification fee shall be $4,000.

28         (b)  If a corridor alignment change is proposed by the

29  licensee applicant, the fee shall be $1,000 for each mile of

30  realignment plus an amount not to exceed $10,000 to be fixed

31  by rule on a sliding scale based on the load-carrying

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  capability and configuration of the transmission line for use

 2  in accordance with subsection (2).

 3         Section 21.  Section 403.5369, Florida Statutes, is

 4  repealed.

 5         Section 22.  Paragraphs (a) and (c) of subsection (1)

 6  of section 403.537, Florida Statutes, are amended to read:

 7         403.537  Determination of need for transmission line;

 8  powers and duties.--

 9         (1)(a)  Upon request by an applicant or upon its own

10  motion, the Florida Public Service Commission shall schedule a

11  public hearing, after notice, to determine the need for a

12  transmission line regulated by the Florida Electric

13  Transmission Line Siting Act, ss. 403.52-403.5365. Such notice

14  shall be published at least 21 45 days before the date set for

15  the hearing and shall be published in at least one-quarter

16  page size notice in newspapers of general circulation, in the

17  Florida Administrative Weekly, by giving notice to counties

18  and regional planning councils in whose jurisdiction the

19  transmission line could be placed, and by giving notice to any

20  persons who have requested to be placed on the mailing list of

21  the commission for this purpose. Within 21 days after receipt

22  of a request for determination by an applicant, the commission

23  shall set a date for the hearing. The hearing shall be held

24  pursuant to s. 350.01 within 45 days after the filing of the

25  request, and a decision shall be rendered within 60 days after

26  such filing.

27         (c)  The determination by the commission of the need

28  for the transmission line, as defined in s. 403.522(21), is

29  binding on all parties to any certification proceeding

30  pursuant to the Florida Electric Transmission Line Siting Act

31  and is a condition precedent to the conduct of the

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  certification hearing prescribed therein. An order entered

 2  pursuant to this section constitutes final agency action.

 3         Section 23.  Subsection (3) of section 373.441, Florida

 4  Statutes, is amended to read:

 5         373.441  Role of counties, municipalities, and local

 6  pollution control programs in permit processing.--

 7         (3)  The department shall review environmental resource

 8  permit applications for electrical distribution and

 9  transmission lines and other facilities related to the

10  production, transmission, and distribution of electricity

11  which are not certified under ss. 403.52-403.5365, the Florida

12  Electric Transmission Line Siting Act, regulated under this

13  part.

14         Section 24.  Subsection (30) of section 403.061,

15  Florida Statutes, is amended to read:

16         403.061  Department; powers and duties.--The department

17  shall have the power and the duty to control and prohibit

18  pollution of air and water in accordance with the law and

19  rules adopted and promulgated by it and, for this purpose, to:

20         (30)  Establish requirements by rule that reasonably

21  protect the public health and welfare from electric and

22  magnetic fields associated with existing 230 kV or greater

23  electrical transmission lines, new 230 kV and greater

24  electrical transmission lines for which an application for

25  certification under the Florida Electric Transmission Line

26  Siting Act, ss. 403.52-403.5365, is not filed, new or existing

27  electrical transmission or distribution lines with voltage

28  less than 230 kV, and substation facilities. Notwithstanding

29  any other provision in this chapter or any other law of this

30  state or political subdivision thereof, the department shall

31  have exclusive jurisdiction in the regulation of electric and

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  magnetic fields associated with all electrical transmission

 2  and distribution lines and substation facilities. However,

 3  nothing herein shall be construed as superseding or repealing

 4  the provisions of s. 403.523(1) and (10).

 5  

 6  The department shall implement such programs in conjunction

 7  with its other powers and duties and shall place special

 8  emphasis on reducing and eliminating contamination that

 9  presents a threat to humans, animals or plants, or to the

10  environment.

11         Section 25.  Paragraph (a) of subsection (3) of section

12  403.0876, Florida Statutes, is amended to read:

13         403.0876  Permits; processing.--

14         (3)(a)  The department shall establish a special unit

15  for permit coordination and processing to provide expeditious

16  processing of department permits which the district offices

17  are unable to process expeditiously and to provide accelerated

18  processing of certain permits or renewals for economic and

19  operating stability. The ability of the department to process

20  applications pursuant to this subsection in a more timely

21  manner than allowed by subsections (1) and (2) is dependent

22  upon the timely exchange of information between the applicant

23  and the department and the intervention of outside parties as

24  allowed by law. An applicant may request the processing of its

25  permit application by the special unit if the application is

26  from an area of high unemployment or low per capita income, is

27  from a business or industry that is the primary employer

28  within an area's labor market, or is in an industry with

29  respect to which the complexities involved in the review of

30  the application require special skills uniquely available in

31  the headquarters office. The department may require the

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1  applicant to waive the 90-day time limitation for department

 2  issuance or denial of the permit once for a period not to

 3  exceed 90 days. The department may require a special fee to

 4  cover the direct cost of processing special applications in

 5  addition to normal permit fees and costs. The special fee may

 6  not exceed $10,000 per permit required. Applications for

 7  renewal permits, but not applications for initial permits,

 8  required for facilities pursuant to the Electrical Power Plant

 9  Siting Act or the Florida Electric Transmission Line Siting

10  Act may be processed under this subsection. Personnel staffing

11  the special unit shall have lengthy experience in permit

12  processing.

13         Section 26.  Paragraph (b) of subsection (3) of section

14  403.809, Florida Statutes, is amended to read:

15         403.809  Environmental districts; establishment;

16  managers; functions.--

17         (3)

18         (b)  The processing of all applications for permits,

19  licenses, certificates, and exemptions shall be accomplished

20  at the district center or the branch office, except for those

21  applications specifically assigned elsewhere in the department

22  under s. 403.805 or to the water management districts under s.

23  403.812 and those applications assigned by interagency

24  agreement as provided in this act. However, the secretary, as

25  head of the department, may not delegate to district or

26  subdistrict managers, water management districts, or any unit

27  of local government the authority to act on the following

28  types of permit applications:

29         1.  Permits issued under s. 403.0885, except such

30  permit issuance may be delegated to district managers.

31         2.  Construction of major air pollution sources.

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    Florida Senate - 2004                                  SB 1982
    24-1564-04                                          See HB 689




 1         3.  Certifications under the Florida Electrical Power

 2  Plant Siting Act or the Florida Electric Transmission Line

 3  Siting Act and the associated permit issued under s. 403.0885,

 4  if applicable.

 5         4.  Permits issued under s. 403.0885 to steam electric

 6  generating facilities regulated pursuant to 40 C.F.R. part

 7  423.

 8         5.  Permits issued under s. 378.901.

 9         Section 27.  This act shall take effect upon becoming a

10  law.

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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