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Florida Statute 403.504 - Full Text and Legal Analysis
Florida Statute 403.504 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
403.504 Department of Environmental Protection; powers and duties enumerated.The department shall have the following powers and duties in relation to this act:
(1) To adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this act, including rules setting forth environmental precautions to be followed in relation to the location, construction, and operation of electrical power plants.
(2) To prescribe the form and content of the public notices and the notice of intent and the form, content, and necessary supporting documentation and studies to be prepared by the applicant for electrical power plant certification applications.
(3) To receive applications for electrical power plant certifications and to determine the completeness and sufficiency thereof.
(4) To make, or contract for, studies of electrical power plant certification applications.
(5) To administer the processing of applications for electric power plant certifications and to ensure that the applications are processed as expeditiously as possible.
(6) To require such fees as allowed by this act.
(7) To conduct studies and prepare a project analysis under s. 403.507.
(8) To prescribe the means for monitoring the effects arising from the construction and operation of electrical power plants to assure continued compliance with terms of the certification.
(9) To determine whether an alternate corridor proposed for consideration under s. 403.5064(4) is acceptable.
(10) To act as clerk for the siting board.
(11) To administer and manage the terms and conditions of the certification order and supporting documents and records for the life of the electrical power plant.
(12) To issue emergency orders on behalf of the board for facilities licensed under this act.
History.s. 1, ch. 73-33; s. 1, ch. 76-76; s. 1, ch. 77-174; s. 132, ch. 79-190; s. 4, ch. 81-131; s. 35, ch. 81-167; s. 35, ch. 83-55; s. 23, ch. 86-186; s. 4, ch. 90-331; s. 7, ch. 93-94; s. 384, ch. 94-356; s. 102, ch. 98-200; s. 21, ch. 2006-230; s. 68, ch. 2008-227.

F.S. 403.504 on Google Scholar

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Amendments to 403.504


Annotations, Discussions, Cases:

Cases Citing Statute 403.504

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Fla. Ch. of Sierra Club v. Orlando Util. Com'n, 436 So. 2d 383 (Fla. 5th DCA 1983).

Cited 3 times | Published | Florida 5th District Court of Appeal

...The process of certification involves four agencies of the state government: The Department of Environmental Regulation, The Department of Veteran and Community Affairs, the applicable water management district, and the Public Service Commission (PSC). The initial application for certification is filed with the DER § 403.504(3), which then furnishes the application to the other three agencies, with each having a specific responsibility in the application process....
...The affirmative determination of need by the PSC is a condition precedent to the conduct of a certification hearing. § 403.508(3). These reports are collected by the DER, which then recommends either to grant or to deny the power plant application in a report submitted to the certification hearing officer. § 403.504(8)....
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Ecodyne Cooling Div. of Ecodyne Corp. v. City of Lakeland, 893 F.2d 297 (11th Cir. 1990).

Published | Court of Appeals for the Eleventh Circuit

...Such certification constitutes the sole license for a power plant’s construction and operation. Id. § 403.511. The Act charges the Department of Environmental Regulation (DER) with monitoring a power plant’s continued compliance with the conditions of the site certification. Id. § 403.504....
...d evaluate the compliance of the applicant with the terms and conditions contained therein and act upon such review an[d] evaluation as it deems appropriate.” Fla.Admin.Code Ann. r. 17-17.201 (1986) (emphasis added) (cross-referencing Fla. Stat. §§ 403.504 (1), .512, .514)....

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