Florida Statute 403.50665 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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403.50665 Land use consistency.—

(1) The applicant shall include in the application a statement on the consistency of the site and any associated facilities that constitute a “development,” as defined in s. 380.04, with existing land use plans and zoning ordinances that were in effect on the date the application was filed and a full description of such consistency. This information shall include an identification of those associated facilities that the applicant believes are exempt from the requirements of land use plans and zoning ordinances under the Community Planning Act provisions of chapter 163 and s. 380.04(3).

(2)(a) Within 45 days after the filing of the application, each local government shall file a determination with the department, the applicant, the administrative law judge, and all parties on the consistency of the site, and any associated facilities that are not exempt from the requirements of land use plans and zoning ordinances under chapter 163 and s. 380.04(3), with existing land use plans and zoning ordinances that were in effect on the date the application was filed, based on the information provided in the application. However, this requirement does not apply to any new electrical generation unit proposed to be constructed and operated on the site of a previously certified electrical power plant or on the site of a power plant that was not previously certified that will be wholly contained within the boundaries of the existing site.

(b) The local government may issue its determination up to 55 days later if the application has been determined incomplete based in whole or in part upon a local government request for additional information on land use and zoning consistency as part of the local government’s statement on completeness of the application submitted pursuant to s. 403.5066(1)(a). Incompleteness of information necessary for a local government to evaluate an application may be claimed by the local government as cause for a statement of inconsistency with existing land use plans and zoning ordinances.

(3)(a) If the local government issues a determination that the proposed site and any nonexempt associated facilities are not consistent or in compliance with local land use plans and zoning ordinances, the applicant may apply to the local government for the necessary local approval to address the inconsistencies identified in the local government’s determination.

(b) If the applicant makes such an application to the local government, the time schedules under this act shall be tolled until the local government issues its revised determination on land use and zoning or the applicant otherwise withdraws its application to the local government.

(c) If the applicant applies to the local government for necessary local land use or zoning approval, the local government shall commence a proceeding to consider the application for land use or zoning approval within 45 days after receipt of the complete request and shall issue a revised determination within 30 days following the conclusion of that local proceeding. The time schedules and notice requirements under this act shall apply to such revised determination.

(4) If any substantially affected person wishes to dispute the local government’s determination, he or she shall file a petition with the designated administrative law judge within 21 days after the publication of notice of the local government’s determination. If a hearing is requested, the provisions of s. 403.508(1) shall apply.

(5) The dates in this section may be altered upon agreement between the applicant, the local government, and the department pursuant to s. 403.5095.

(6) If it is determined by the local government that the proposed site or nonexempt associated facility does conform with existing land use plans and zoning ordinances in effect as of the date of the application and no petition has been filed, the responsible zoning or planning authority shall not thereafter change such land use plans or zoning ordinances so as to foreclose construction and operation of the proposed site or directly associated facilities unless certification is subsequently denied or withdrawn.

(7) The issue of land use and zoning consistency for any proposed alternate intermediate electrical substation which is proposed as part of an alternate electrical transmission line corridor which is accepted by the applicant and the department under s. 403.5271(1)(b) shall be addressed in the supplementary report prepared by the local government on the proposed alternate corridor and shall be considered as an issue at any final certification hearing. If such a proposed alternate intermediate electrical substation is determined not to be consistent with local land use plans and zoning ordinances, then that alternate intermediate electrical substation shall not be certified.

History.—s. 28, ch. 2006-230; s. 73, ch. 2008-227; s. 62, ch. 2011-139.

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Amendments to 403.50665

Annotations, Discussions, Cases:

Cases Citing Statute 403.50665

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

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Seminole Tribe of Florida v. Hendry Cnty., 114 So. 3d 1073 (Fla. 2d DCA 2013).

Published | Florida 2nd District Court of Appeal | 2013 WL 2494708, 2013 Fla. App. LEXIS 9265

...(Emphasis added.) It is clear from this statutory language that the PPSA is a “ ‘centrally coordinated, one-stop licensing process.’” See Seminole Elec. Coop., Inc. v. Dep’t of Envtl. Prot., 985 So.2d 615, 616 (Fla. 5th DCA 2008) (quoting § 403.510(3)). Section 403.50665 then sets forth the process to determine if a power plant at a particular site is consistent with the local government’s comprehensive plan....

...The power plant “applicant shall include in the application a statement on the consistency of the site ... with existing land use plans and zoning ordinances that were in effect on the date the application was filed and a full description of such consistency.” § 403.50665(1)....

...If the local government issues a determination that the proposed site is not consistent with local land use plans and zoning ordinances, the applicant may apply to the local government for the necessary local approval to address the inconsistencies identified in the local government’s determination. § 403.50665(3)(a)....

...If the applicant makes an application to the local government to rezone, the time schedules under the PPSA are tolled until the local government issues its revised determination on land use and zoning or until the applicant otherwise withdraws its application to the local government. § 403.50665(3)(b)....

...Finally, “[i]f any substantially affected person wishes to dispute the local government’s determination, he or she shall file a petition with the designated administrative law judge within 21 days after the publication of notice of the local government’s determination.” § 403.50665(4)....

...ruling: they incorrectly assume that the Tribe can challenge the rezoning in the PPSA application process even though the rezoning has already taken place in this case before any PPSA application has been filed. That is not the case. The language of section 403.50665 provides: (1) The applicant shall include in the application a statement on the consistency of the site and any associated facilities that constitute a “development,” as defined in s....

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Seminole Tribe of Florida v. Hendry Cnty., 106 So. 3d 19 (Fla. 2d DCA 2013).

Published | Florida 2nd District Court of Appeal | 2013 WL 238231, 2013 Fla. App. LEXIS 781

...Thus, in addition to the forums provided to the Seminole Tribe by the Hendry County Commission, the circuit court, and this court, the law provides for an administrative forum. The Seminole Tribe is a "substantially affected person” entitled to contest these matters before an administrative law judge. See § 403.50665(4), Fla....

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