Florida Statute 403.537 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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403.537 Determination of need for transmission line; powers and duties.—

(1)(a) Upon request by an applicant or upon its own motion, the Florida Public Service Commission shall schedule a public hearing, after notice, to determine the need for a transmission line regulated by the Florida Electric Transmission Line Siting Act, ss. 403.52-403.5365. The notice shall be published at least 21 days before the date set for the hearing and shall be published by the applicant in at least one-quarter page size notice in newspapers of general circulation, and by the commission in the manner specified in chapter 120, by giving notice to counties and regional planning councils in whose jurisdiction the transmission line could be placed, and by giving notice to any persons who have requested to be placed on the mailing list of the commission for this purpose. Within 21 days after receipt of a request for determination by an applicant, the commission shall set a date for the hearing. The hearing shall be held pursuant to s. 350.01 within 45 days after the filing of the request, and a decision shall be rendered within 60 days after such filing.

(b) The commission shall be the sole forum in which to determine the need for a transmission line. The need for a transmission line may not be raised or be the subject of review in another proceeding.

(c) In the determination of need, the commission shall take into account the need for electric system reliability and integrity, the need for abundant, low-cost electrical energy to assure the economic well-being of the residents of this state, the appropriate starting and ending point of the line, and other matters within its jurisdiction deemed relevant to the determination of need. The appropriate starting and ending points of the electric transmission line must be verified by the commission in its determination of need.

(d) The determination by the commission of the need for the transmission line, as defined in s. 403.522(22), is binding on all parties to any certification proceeding under the Florida Electric Transmission Line Siting Act and is a condition precedent to the conduct of the certification hearing prescribed therein. An order entered pursuant to this section constitutes final agency action.

(2) The commission shall have the following powers and duties:

(a) To adopt or amend reasonable procedural rules to implement the provisions of this section.

(b) To prescribe the form, content, and necessary supporting documentation and the required studies for the determination of need.

(3) Any time limitation in this section may be altered by the commission upon stipulation between the commission and the applicant or for good cause shown by any party.

History.—s. 3, ch. 80-65; s. 13, ch. 81-131; s. 19, ch. 83-222; s. 45, ch. 90-331; s. 66, ch. 2006-230.

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Amendments to 403.537

Annotations, Discussions, Cases:

Cases Citing Statute 403.537

Total Results: 3 | 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

...It did so under the TLSA and has done so in other statutes. [8] But it did not so provide in section 403.519 of the FEPPSA. A presumption is generally rebuttable, [9] and I think the need determination here should be subject to challenge at the certification hearing level. Under the TLSA, section 403.537 clearly requires the PSC to give notice to the public and interested persons of its hearing on need....

...[2] §§ 403.501-403.517, Fla. Stat. (1981). [3] Art. V, § 3(b)(4), Fla. Const. [4] Hopping & Raepple, A Solution to the Regulatory Maze: The Transmission Line Siting Act, 8 Fla.St.U.L.Rev. 441 (1980). [5] §§ 403.52-403.536, Fla. Stat. (1981). [6] §§ 403.508(3), 403.537(1), Fla. Stat. (1981). [7] § 403.537(1), Fla....

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Florida Power Corp. v. State, Siting Bd., 513 So. 2d 1341 (Fla. 1st DCA 1987).

Cited 2 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2389

...n and maintenance of transmission lines: First, upon request by an electric utility company, or, upon the Florida Public Service Commission's (PSC) motion, a public hearing is conducted by the PSC to determine the need for the transmission line. See Section 403.537, Florida Statutes....

...tion of transmission lines "shall include testimony and specific findings on the relative degree of need " of the line (e.s.). The TLSA does not require additional evidentiary findings regarding need once that determination has been made by the PSC. Section 403.537(1)(a) specifically provides that the PSC shall "schedule a public hearing ... to determine the need for a transmission line." Section 403.537(1)(c) moreover states that the determination of need made by the PSC is " binding on all parties to any certification proceeding" and "constitutes final agency action....

...oved, approved with modifications, or denied. Accordingly, we reverse the Siting Board's order insofar as it requires the promulgation of rules, and holds that the question of PSC's determination of need, pursuant to the authority conferred on it by section 403.537, may be revisited....

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Florida Sugar Cane League v. State, 580 So. 2d 846 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4825, 1991 WL 85513

...1st DCA 1985). The final and recommended orders adequately state the basis for the agency’s disposition of the issues raised. Affirmed. SMITH and WIGGINTON, JJ., concur. . Ch. 80-65, Laws of Fla. (codified as amended at §§ 403.52-.536, Fla.Stat. (1987)). . § 403.537, Fla.Stat....

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