(1)(a) If the administrative law judge has granted a request to cancel the certification hearing and has relinquished jurisdiction to the department under the provisions of s. 403.508(6), within 40 days thereafter, the secretary of the department shall act upon the application by written order in accordance with the terms of this act and the stipulation of the parties in requesting cancellation of the certification hearing.
(b) If the administrative law judge has not granted a request to cancel the certification hearing under the provisions of s. 403.508(6), within 60 days after receipt of the designated administrative law judge’s recommended order, the board shall act upon the application by written order, approving or denying certification, in accordance with the terms of this act, and stating the reasons for issuance or denial. If certification is denied, the board shall set forth in writing the action the applicant would have to take to secure the board’s approval of the application.
(2) The issues that may be raised in any hearing before the board shall be limited to those matters raised in the certification proceeding before the administrative law judge or raised in the recommended order. All parties, or their representatives, or persons who appear before the board shall be subject to the provisions of s. 120.66.
(3) In determining whether an application should be approved in whole, approved with modifications or conditions, or denied, the board, or secretary when applicable, shall consider whether, and the extent to which, the location, construction, and operation of the electrical power plant will:
(a) Provide reasonable assurance that operational safeguards are technically sufficient for the public welfare and protection.
(b) Comply with applicable nonprocedural requirements of agencies.
(c) Be consistent with applicable local government comprehensive plans and land development regulations.
(d) Meet the electrical energy needs of the state in an orderly, reliable, and timely fashion.
(e) Effect a reasonable balance between the need for the facility as established pursuant to s. 403.519 and the impacts upon air and water quality, fish and wildlife, water resources, and other natural resources of the state resulting from the construction and operation of the facility.
(f) Minimize, through the use of reasonable and available methods, the adverse effects on human health, the environment, and the ecology of the land and its wildlife and the ecology of state waters and their aquatic life.
(g) Serve and protect the broad interests of the public.
(4)(a) Any transmission line corridor certified by the board, or secretary if applicable, shall meet the criteria of this section. When more than one transmission line corridor is proper for certification under s. 403.503(11) and meets the criteria of this section, the board, or secretary if applicable, shall certify the transmission line corridor that has the least adverse impact regarding the criteria in subsection (3), including costs.
(b) If the board, or secretary if applicable, finds that an alternate corridor rejected pursuant to s. 403.5271 as incorporated by reference in s. 403.5064(1)(b) meets the criteria of subsection (3) and has the least adverse impact regarding the criteria in subsection (3), the board, or secretary if applicable, shall deny certification or shall allow the applicant to submit an amended application to include the corridor.
(c) If the board, or secretary if applicable, finds that two or more of the corridors that comply with subsection (3) have the least adverse impacts regarding the criteria in subsection (3), including costs, and that the corridors are substantially equal in adverse impacts regarding the criteria in subsection (3), including costs, the board, or secretary if applicable, shall certify the corridor preferred by the applicant if the corridor is one proper for certification under s. 403.503(11).
(5) The department’s action on a federally required new source review or prevention of significant deterioration permit shall differ from the actions taken by the siting board regarding the certification if the federally approved state implementation plan requires such a different action to be taken by the department. Nothing in this part shall be construed to displace the department’s authority as the final permitting entity under the federally approved permit program. Nothing in this part shall be construed to authorize the issuance of a new source review or prevention of significant deterioration permit which does not conform to the requirements of the federally approved state implementation plan.
(6) For certifications issued by the board in regard to the properties and works of any agency which is a party to the certification hearing, the board shall have the authority to decide issues relating to the use, the connection thereto, or the crossing thereof, for the electrical power plant and to direct any such agency to execute, within 30 days after the entry of certification, the necessary license or easement for such use, connection, or crossing, subject only to the conditions set forth in such certification. For certifications issued by the department in regard to the properties and works of any agency that is a party to the proceeding, any stipulation filed pursuant to s. 403.508(6)(a) must include a stipulation regarding any issues relating to the use, the connection thereto, or the crossing thereof, for the electrical power plant. Any agency stipulating to the use of, connection to, or crossing of its property must agree to execute, within 30 days after the entry of certification, the necessary license or easement for such use, connection, or crossing, subject only to the conditions set forth in such certification.
(7) The issuance or denial of the certification by the board or secretary of the department shall be the final administrative action required as to that application.
Cited 3 times | Published | Florida 5th District Court of Appeal
...(f) Minimize, through the use of reasonable and available methods, the adverse effects on human health, the environment, and the ecology of the *617 land and its wildlife and the ecology of state waters and their aquatic life. (g) Serve and protect the broad interests of the public. § 403.509(3), Fla....
...el the certification hearing; then the DEP Secretary, instead of the Siting Board, "shall act upon the application by written order in accordance with the terms of this act and the stipulation of the parties...." §§ 403.508(6)(a), 403.508(6)(d)1., 403.509(1)(a), Fla....
...pportunity to cancel the certification hearing and proceed directly to a DEP final order based on the agreement of all parties that there are no disputed issues of fact or law in accordance with the procedures set forth in sections 403.508(6)(a) and 403.509(1)(a), Florida Statutes (2006)....
...PA 81-14SA3, 29 F.A.L.R. 2551 (DEP Dec. *620 2006). The ALJ granted the parties' joint motion. On February 22, 2007, Seminole, DEP, the Sierra Club, and all other parties filed a Joint Stipulation Between the Parties, invoking sections 403.508(6)(a) and 403.509(1)(a), Florida Statutes (2006)....
...en adequately addressed through the Conditions of Certification agreed to by the parties and attached to [DEP's] Staff Analysis Report ...;" and (3) agreed to the relinquishment of jurisdiction to DEP for issuance of a Final Order in accordance with section 403.509(1)(a), Florida Statutes, the provision added to the Siting Act in 1996 expressly authorizing action on a Siting Act application by stipulation of all parties....
...Consistent with this general law, the Siting Act now expressly authorizes the parties in a Siting Act case to proceed by stipulation when no issues are contested and requires the Secretary to "act upon ... the stipulation of the parties in requesting cancellation of the certification hearing." § 403.509(1)(a), Fla....
...cerning a separate Prevention of Significant Deterioration ("PSD") air emissions permit required for Unit 3. Certain federally delegated or approved environmental permits, such as PSD permits, are issued separately from the Siting Act certification. § 403.509(3), Fla....
Cited 3 times | Published | Florida 5th District Court of Appeal
...If the order is approved and certification granted, the construction and operation of the power plant may begin. § 403.511. The issuance or denial of the certification by the Board constitutes final administrative action required as to the application. § 403.509(3)....
...Consistent with this general law, the Siting Act now expressly authorizes the parties in a Siting Act case to proceed by stipulation when no issues are contested and requires the *713 Secretary to “act upon ... the stipulation of the parties .... ” Id. at 621-22 (quoting § 403.509(l)(a), Fla....
...certification hearing; then the DEP Secretary, instead of the Siting Board, “shall act upon the application by written order in accordance with the terms of this act and the stipulation of the parties .... ” §§ 403.508(6)(a), 403.508(6)(d)l., 403.509(l)(a), Fla....
...pportunity to cancel the certification hearing and proceed directly to a DEP final order based on the agreement of all parties that there are no disputed issues of fact or law in accordance with the procedures set forth in sections 403.508(6)(a) and 403.509(1)(a), Florida Statutes (2006)....
...PA 81-14SA3, 29 F.A.L.R. 2551 (DEP Dec. *620 2006). The ALJ granted the parties’ joint motion. On February 22, 2007, Seminole, DEP, the Sierra Club, and all other parties filed a Joint Stipulation Between the Parties, invoking sections 403.508(6)(a) and 403.509(l)(a), Florida Statutes (2006)....
...dequately addressed through the Conditions of Certification agreed to by the parties and attached to [DEP’s] Staff Analysis Report ...;” and (3) agreed to the relinquishment of jurisdiction to DEP for issuance of a Final Order in accordance with section 403.509(l)(a), Florida Statutes, the provision added to the Siting Act in 1996 expressly authorizing action on a Siting Act application by stipulation of all parties....
...Consistent with this general law, the Siting Act now expressly authorizes the parties in a Siting Act case to proceed by stipulation when no issues are contested and requires the Secretary to “act upon ... the stipulation of the parties in requesting cancellation of the certification hearing.” § 403.509(l)(a), Fla....
...rning a separate Prevention of Significant Deterioration ("PSD”) air emissions permit required for Unit 3. Certain federally delegated or approved environmental permits, such as PSD permits, are issued separately from the Siting Act certification. § 403.509(3), Fla....
...the power plant siting board must consider, among several factors, whether the location, construction, and operation of the power plant will “[b]e consistent with applicable local government comprehensive plans and land development regulations.” § 403.509(3)(c)....
Published | Florida 3rd District Court of Appeal | 46 Envtl. L. Rep. (Envtl. Law Inst.) 20080, 2016 Fla. App. LEXIS 5953
...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. Stat. (2013). Specifically, section 403.509(3) outlines a
certification test which the Siting Board, comprised of the Governor and his
cabinet, must apply when it holds hearings to approve in whole, approve with
modifications or conditions, or deny a new project....
...g) Serve and protect the broad interests of the public.
4
In addition, the PPSA requires transmission line corridors to adhere to the same
certification test as the rest of the power plant project. See § 403.509(4)(a).
2....
...The
remaining 1.4-mile segment would run south along the L-31N canal to S.W. 120th
Street and falls outside the Everglades National Park boundaries, but remains
within the East Everglades.
8
“[DEP] interprets the [Act], and in particular section 403.509, to mean
that there are no “applicable” local government comprehensive plans or
[land development regulations] for the proposed transmission lines...
In addition, the Recommended Order did not require FPL to undergrou...
...Here, the statute is clear and unambiguous.
9
Thus, we review this case de novo and are not required to give deference to an
agency’s interpretation.
The Siting Board Failed to Consider Local Regulations, as required by
section 403.509(3), Fla. Stat. (2013).
We first address the City of Miami’s contention that the Siting Board erred
in not considering local regulations when certifying the transmission line corridors,
as was required by section 403.509(3)(b), Florida Statute (2013). We agree with
the City of Miami, as the applicable local regulations should have been applied.
The PPSA requires that the Siting Board apply the certification test outlined
in section 403.509(4)(a). Criteria b) and c) state that the applied for project will
comply with applicable nonprocedural requirements of agencies and be consistent
with applicable local government comprehensive plans and land development
regulations, respectively. Section 403.509(4)(a), Fla....
...r the
review or processing of information submitted to demonstrate compliance with
such regulatory requirements.
10
Section 403.503(2)‘s definition of “agency” includes local governments. As such,
section 403.509(3)‘s certification test requires that local comprehensive plans and
land development regulations be taken into account....
...The Siting Board did not review or consider the City of Miami’s LDR’s, so
the order on appeal does not incorporate the local regulations of the City of Miami
into the conditions of certification that control the electrical transmission lines, as
required by section 403.509(3), Fla....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
