Florida/Georgia Personal Injury & Workers Compensation

...e the coal-fired plant being currently constructed by the OUC has been through the lengthy and complex state permitting and licensing process. See Florida Chapter of the Sierra Club v. Orlando Utilities Commission, 436 So.2d 383 (Fla. 5th DCA 1983). Section 403.502 states: The Legislature finds that the present and predicted growth in electric power demands in this state requires the development of a procedure for the selection and utilization of sites for electrical generating facilities and the identification of a state position with respect to each proposed site....

...In Nassau II, we stated: In Nassau Power Corp. v. Beard, 601 So.2d 1175, 1176-77 (Fla.1992), we recently explained: The Siting Act was passed by the legislature in 1973 for the purpose of minimizing the adverse impact of power plants on the environment. See § 403.502, Fla....

...nd reasonable methods that the location and operation of electrical power plants will produce minimal adverse effects on human health, the environment, the ecology of the land and its wildlife, and the ecology of state waters and their aquatic life. § 403.502, Fla....

...and their aquatic life. (g) Serve and protect the broad interests of the public. § 403.509(3), Fla. Stat. (2006). Although codified in this manner for the first time in 2006, this test is based on the longstanding legislative intent articulated in Section 403.502, Florida Statutes, and it has not changed in any material way over several decades....

...cation of power plants in Florida. Before turning to the facts of the instant appeal, a brief outline of the statutory process of certification is in order. The FEPPSA was adopted initially in 1973, with the legislative intent clearly spelled out in section 403.502, Florida Statutes (1981), which states in pertinent part: The Legislature finds that the efficiency of the permit application and review process at both the state and local level would be improved with the implementation of a process...

...Act and the requirements of the PSC's regulations [3] governing small power producers and cogenerators. [4] The Siting Act was passed by the legislature in 1973 for the purpose of minimizing the adverse impact of power plants on the environment. See § 403.502, Fla....

...and their aquatic life, (g) Serve and protect the broad interests of the public. § 408.509(3), Fla. Stat. (2006). Although codified in this manner for the first time in 2006, this test is based on the longstanding legislative intent articulated in Section 403.502, Florida Statutes, and it has not changed in any material way over several decades....

...pplication made under the PPSA. We find the Tribe’s argument legally compelling, requiring us to reverse the order on appeal. To explain why there can be no preemption in this case, we *1075 begin with a discussion of several sections of the PPSA. Section 403.502 reads: The Legislature finds that the present and predicted growth in electric power demands in this state requires the development of a procedure for the selection and utilization of sites for electrical generating facilities and the...

...al impact resulting from construction and operation of the facility, including air and water quality, fish and wildlife, and the water resources and other natural resources of the state. (3) To provide abundant, low-cost electrical energy. Fla.Stat. § 403.502....

...Appellants next argue that adverse environmental impacts will occur from the operation of the RRF and that the record does not contain substantial competent evidence that the site is the best site for the facility in Palm Beach County. The legislative intent of the Electrical Power Plant Siting Act is expressly stated in section 403.502: The legislature finds that the present and predicted growth in electric power demands in this state requires the development of a procedure for the selection and utilization of sites for electrical generating facilities and the identification of a state position with respect to each proposed site....

...plant operators within the county to no more than one percent. You ask whether this ordinance is binding on the Siting Board (board) when it considers an application for certification under the Florida Electrical Power Plant Siting Act (the act). 1 Section 403.502 , Florida Statutes, sets forth the Legislature's intent in passing the Electrical Power Plant Siting Act, stating: "The Legislature finds that the efficiency of the permit application and review process at both the state and local lev...

...which shall be considered by the Siting Board in its review of an application for certification under the Electrical Power Plant Siting Act. Sincerely, Robert A. Butterworth Attorney General RAB/tall 1 Sections 403.501 - 403.518 , Fla. Stat. 2 See, s. 403.502 and s....

...he Siting Act. 2 In Nassau Power Corp. v. Beard, 601 So.2d 1175, 1176-77 (Fla.1992), we recently explained: The Siting Act was passed by the legislature in 1973 for the purpose of minimizing the adverse impact of power plants on the environment. See § 403.502, Fla.Stat....

...We decline to discuss those issues. 2  Sections 403.501-.518, Florida Statutes (2013) are known as the “Florida Electrical Power Plant Siting Act” (“PPSA”). The PPSA governs certification of new power plants and its associated facilities. Section 403.502 describes the legislative intent, which states: The Legislature finds that the present and predicted growth in electric power demands in this state requires the development of a procedure for the selection a...

...nergy as established pursuant to s. 403.519. (4) To assure the citizens of Florida that renewable energy sources and technologies, as well as conservation measures, are utilized to the extent reasonably available. See § 403.502, Fla....