403.502
Legislative intent.
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403.502 Legislative intent.—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 and its associated facilities. The Legislature recognizes that the selection of sites and the routing of associated facilities, including transmission lines, will have a significant impact upon the welfare of the population, the location and growth of industry, and the use of the natural resources of the state. 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 whereby a permit application would be centrally coordinated and all permit decisions could be reviewed on the basis of standards and recommendations of the deciding agencies. It is the policy of this state that, while recognizing the pressing need for increased power generation facilities, the state shall ensure through available and 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 and will not unduly conflict with the goals established by the applicable local comprehensive plans. It is the intent to seek courses of action that will fully balance the increasing demands for electrical power plant location and operation with the broad interests of the public. Such action will be based on these premises:
(1) To assure the citizens of Florida that operation safeguards are technically sufficient for their welfare and protection.
(2) To effect a reasonable balance between the need for the facility and the environmental 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 meet the need for electrical energy 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.
History.—s. 1, ch. 73-33; s. 2, ch. 90-331; s. 2, ch. 2007-117; s. 66, ch. 2008-227.
Notes of Decisions
Cited in 11
cases, 1983–2016 · leading case: Tampa Elec. Co. v. Garcia
Tampa Elec. Co. v. Garcia (2000)
“See § 403.502, Fla. Stat. (1989). That Act establishes a site certification process that requires the PSC to determine the need for any proposed power plants, including cogenerators, based on the criteria set forth in section 403.”
Fla. Ch. of Sierra Club v. Orlando Util. Com'n (1983)
“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…”
Gaines v. City of Orlando (1984)
“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…”
Seminole Elec. Co-Op. v. Dep (2008)
“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.”
Nassau Power Corp. v. Beard (1992)
“See § 403.502, Fla. Stat. (1989). That Act establishes a site certification process that requires the PSC to determine the need for any proposed power plants, including cogenerators, based on the criteria set forth in section 403.”
Seminole Electric Cooperative, Inc. v. Department of Environmental Protection (2008)
“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.”
Seminole Tribe of Florida v. Hendry County (2013)
“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 identification of a state…”
Nassau Power Corp. v. Deason (1994)
“See § 403.502, Fla.Stat. (1989). That Act establishes a site certification process that requires the PSC to determine the need for any proposed power plants, including cogenerators, based on the criteria set forth in section 403.”
Ecodyne Cooling Division of Ecodyne Corp. v. City of Lakeland (1990)
“Fla.Stat. § 403.502. This general policy statement adverts to reasonable methods and a reasonable balance of interests, but the specific provisions of the Act do not offer any guidance on what methods and what balance are “reasonable,” or on who is to determine reasonableness,…”
Miami-Dade County v. Florida Power & Light Co. (2016)
“See § 403.502, Fla. Stat. (2013). Specifically, section 403.”
City of Riviera Beach v. Florida Department of Environmental Regulation (1987)
“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…”
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