Florida Statutes
Fla. Stat. § 403.504 (2025)
Department of Environmental Protection; powers and duties enumerated.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 4
cases, 1983–2008 · leading case: Fla. Ch. of Sierra Club v. Orlando Util. Com'n, 436 So. 2d 383 (Fla. 5th DCA 1983).
Fla. Ch. of Sierra Club v. Orlando Util. Com'n, 436 So. 2d 383 (Fla. 5th DCA 1983). “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.”
Seminole Elec. Co-Op. v. Dep, 985 So. 2d 615 (Fla. 5th DCA 2008). “§§ 403.504, .507, .508(3)-(4), .509, Fla.”
Seminole Elec. Coop., Inc. v. Dep't of Env't Prot., 985 So. 2d 615 (Fla. 5th DCA 2008). “§§ 403.504, .507, ,508(3)-(4), .509, Fla.”
Ecodyne Cooling Div. of Ecodyne Corp. v. City of Lakeland, 893 F.2d 297 (11th Cir. 1990). “201 (1986) (emphasis added) (cross-referencing Fla. Stat. §§ 403.504 (1), .512, .514). On the other hand, the Act does not expressly give the DER authority to relax or waive site-specific conditions of certification.”
— 403.504(3) — 1 case
Fla. Ch. of Sierra Club v. Orlando Util. Com'n, 436 So. 2d 383 (Fla. 5th DCA 1983). “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.”
— 403.504(8) — 1 case
Fla. Ch. of Sierra Club v. Orlando Util. Com'n, 436 So. 2d 383 (Fla. 5th DCA 1983). “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.”
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