Florida Statute 403.5175 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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403.5175 Existing electrical power plant site certification.—

(1) An electric utility that owns or operates an existing electrical power plant as defined in s. 403.503(14) may apply for certification of an existing power plant and its site in order to obtain all agency licenses necessary to ensure compliance with federal or state environmental laws and regulation using the centrally coordinated, one-stop licensing process established by this part. An application for certification under this section must be in the form prescribed by department rule. Applications must be reviewed and processed using the same procedural steps and notices as for an application for a new facility, except that a determination of need by the Public Service Commission is not required.

(2) An application for certification under this section must include:

(a) A description of the site and existing power plant installations and associated facilities;

(b) A description of all proposed changes or alterations to the site and all new associated facilities that are the subject of the application;

(c) A description of the environmental and other impacts caused by the existing utilization of the site and associated facilities, and the operation of the electrical power plant that is the subject of the application, and of the environmental and other benefits, if any, to be realized as a result of the proposed changes or alterations if certification is approved and such other information as is necessary for the reviewing agencies to evaluate the proposed changes and the expected impacts;

(d) The justification for the proposed changes or alterations;

(e) Copies of all existing permits, licenses, and compliance plans authorizing utilization of the site and associated facilities or operation of the electrical power plant that is the subject of the application.

(3) The land use and zoning determination requirements of s. 403.50665 do not apply to an application under this section if the applicant does not propose to expand the boundaries of the existing site or to add additional offsite associated facilities that are not exempt from the provisions of s. 403.50665. If the applicant proposes to expand the boundaries of the existing site or to add additional offsite associated facilities that are not exempt from the provisions of s. 403.50665 to accommodate portions of the electrical generating facility or associated facilities, a land use and zoning determination shall be made as specified in s. 403.50665; provided, however, that the sole issue for determination is whether the proposed site expansion or additional nonexempt associated facilities are consistent and in compliance with the existing land use plans and zoning ordinances.

(4) In considering whether an application submitted under this section should be approved in whole, approved with appropriate conditions, or denied, the board shall consider whether, and to the extent to which the proposed changes to the electrical power plant and its continued operation under certification will:

(a) Comply with the provisions of s. 403.509(3).

(b) Result in environmental or other benefits compared to current utilization of the site and operations of the electrical power plant if the proposed changes or alterations are undertaken.

(5) An applicant’s failure to receive approval for certification of an existing site or an electrical power plant under this section is without prejudice to continued operation of the electrical power plant or site under existing agency licenses.

History.—s. 10, ch. 92-132; s. 40, ch. 2006-230; s. 82, ch. 2007-5; s. 83, ch. 2008-227.

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Amendments to 403.5175

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Cases Citing Statute 403.5175

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

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Florida Power & Light Co. v. State, 693 So. 2d 1025 (Fla. 1st DCA 1997).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1997 WL 243421

...We agree that the Florida Electrical Power Plant Siting Act appears to vest extensive discretion in the Siting Board. The Siting Board is charged with the responsibility of deciding whether a requested certification will "serve and protect the broad interests of the public." § 403.5175, Fla....

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Ago (Fla. Att'y Gen. 1997).

Published | Florida Attorney General Reports

...standards, or criteria, including "adopted local comprehensive plans, land development regulations, and any applicable local environmental regulations. . . ." 4 With regard to certification of application for an existing electrical power plant site, section 403.5175 , Florida Statutes, provides that an electric utility that owns or operates an existing power plant may apply for certification in order to obtain all agency licenses necessary to comply with federal or state environmental laws using the centrally coordinated licensing process established in the act....

...ved; the justification for these changes; and copies of all existing permits, licenses, and compliance plans for the site or operation of the power plant that is the subject of the application. 5 In determining whether an application submitted under section 403.5175 (4), Florida Statutes, should be approved in whole, approved with appropriate conditions, or denied, the Siting Board "shall consider whether, and to the extent to which the proposed changes to the electrical power plant and its cont...

...clearly contemplates that a local government such as the county may impose substantive regulatory requirements will be considered by the Siting Board in reviewing the application for certification of changes to an existing electrical power plant. 7 Section 403.5175 , Florida Statutes, therefore, requires that the Siting Board consider a local ordinance regulating the content of fuel burned at a power plant within the local government's jurisdiction while reviewing an application under the Electrical Power Plant Siting Act. The board, however, may approve an application "with appropriate conditions," provided that any conditions that constitute exceptions to state or local nonprocedural requirements comply with the provisions of section 403.5175 (4)(b)-(d), set forth above....

...ommunity Affairs; Public Service Commission; any affected water management district; Game and Fresh Water Fish Commission; and any other agency that may be affected by the proposed plant, if requested by the Department of Environmental Protection. 5 Section 403.5175 (2), Fla....

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