Florida Statute 403.509 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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F.S. 403.509

403.509 Final disposition of application.—

(1)(a) If the administrative law judge has granted a request to cancel the certification hearing and has relinquished jurisdiction to the department under the provisions of s. 403.508(6), within 40 days thereafter, the secretary of the department shall act upon the application by written order in accordance with the terms of this act and the stipulation of the parties in requesting cancellation of the certification hearing.

(b) If the administrative law judge has not granted a request to cancel the certification hearing under the provisions of s. 403.508(6), within 60 days after receipt of the designated administrative law judge’s recommended order, the board shall act upon the application by written order, approving or denying certification, in accordance with the terms of this act, and stating the reasons for issuance or denial. If certification is denied, the board shall set forth in writing the action the applicant would have to take to secure the board’s approval of the application.

(2) The issues that may be raised in any hearing before the board shall be limited to those matters raised in the certification proceeding before the administrative law judge or raised in the recommended order. All parties, or their representatives, or persons who appear before the board shall be subject to the provisions of s. 120.66.

(3) In determining whether an application should be approved in whole, approved with modifications or conditions, or denied, the board, or secretary when applicable, shall consider whether, and the extent to which, the location, construction, and operation of the electrical power plant will:

(a) Provide reasonable assurance that operational safeguards are technically sufficient for the public welfare and protection.

(b) Comply with applicable nonprocedural requirements of agencies.

(d) Meet the electrical energy needs of the state in an orderly, reliable, and timely fashion.

(e) Effect a reasonable balance between the need for the facility as established pursuant to s. 403.519 and the impacts upon air and water quality, fish and wildlife, water resources, and other natural resources of the state resulting from the construction and operation of the facility.

(f) Minimize, through the use of reasonable and available methods, the adverse effects on human health, the environment, and the ecology of the land and its wildlife and the ecology of state waters and their aquatic life.

(g) Serve and protect the broad interests of the public.

(4)(a) Any transmission line corridor certified by the board, or secretary if applicable, shall meet the criteria of this section. When more than one transmission line corridor is proper for certification under s. 403.503(11) and meets the criteria of this section, the board, or secretary if applicable, shall certify the transmission line corridor that has the least adverse impact regarding the criteria in subsection (3), including costs.

(b) If the board, or secretary if applicable, finds that an alternate corridor rejected pursuant to s. 403.5271 as incorporated by reference in s. 403.5064(1)(b) meets the criteria of subsection (3) and has the least adverse impact regarding the criteria in subsection (3), the board, or secretary if applicable, shall deny certification or shall allow the applicant to submit an amended application to include the corridor.

(c) If the board, or secretary if applicable, finds that two or more of the corridors that comply with subsection (3) have the least adverse impacts regarding the criteria in subsection (3), including costs, and that the corridors are substantially equal in adverse impacts regarding the criteria in subsection (3), including costs, the board, or secretary if applicable, shall certify the corridor preferred by the applicant if the corridor is one proper for certification under s. 403.503(11).

(5) The department’s action on a federally required new source review or prevention of significant deterioration permit shall differ from the actions taken by the siting board regarding the certification if the federally approved state implementation plan requires such a different action to be taken by the department. Nothing in this part shall be construed to displace the department’s authority as the final permitting entity under the federally approved permit program. Nothing in this part shall be construed to authorize the issuance of a new source review or prevention of significant deterioration permit which does not conform to the requirements of the federally approved state implementation plan.

(6) For certifications issued by the board in regard to the properties and works of any agency which is a party to the certification hearing, the board shall have the authority to decide issues relating to the use, the connection thereto, or the crossing thereof, for the electrical power plant and to direct any such agency to execute, within 30 days after the entry of certification, the necessary license or easement for such use, connection, or crossing, subject only to the conditions set forth in such certification. For certifications issued by the department in regard to the properties and works of any agency that is a party to the proceeding, any stipulation filed pursuant to s. 403.508(6)(a) must include a stipulation regarding any issues relating to the use, the connection thereto, or the crossing thereof, for the electrical power plant. Any agency stipulating to the use of, connection to, or crossing of its property must agree to execute, within 30 days after the entry of certification, the necessary license or easement for such use, connection, or crossing, subject only to the conditions set forth in such certification.

(7) The issuance or denial of the certification by the board or secretary of the department shall be the final administrative action required as to that application.

History.—s. 1, ch. 73-33; s. 7, ch. 76-76; s. 141, ch. 77-104; s. 27, ch. 86-186; s. 12, ch. 90-331; s. 8, ch. 92-132; s. 10, ch. 93-94; s. 4, ch. 94-321; s. 141, ch. 96-410; s. 32, ch. 2006-230; s. 76, ch. 2008-227.

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Amendments to 403.509

Arrestable Offenses / Crimes under Fla. Stat. 403.509

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.509.

Annotations, Discussions, Cases:

Cases Citing Statute 403.509

Total Results: 7

Citizens of the State of Florida v. Art Graham, etc.

Court: Fla. | Date Filed: 2017-03-16T00:00:00-07:00

Citation: 213 So. 3d 703, 42 Fla. L. Weekly Supp. 312, 2017 WL 1021849, 2017 Fla. LEXIS 585

Snippet: the parties . . . .” Id. at 621-22 (quoting § 403.509(1)(a), Fla. Stat. (2006)). Other contexts

Miami-Dade County v. Florida Power & Light Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-20T00:00:00-07:00

Citation: 208 So. 3d 111, 46 Envtl. L. Rep. (Envtl. Law Inst.) 20080, 2016 Fla. App. LEXIS 5953

Snippet: .502, Fla. Stat. (2013). Specifically, section 403.509(3) outlines a certification test which the Siting…rest of the power plant project. See § 403.509(4)(a). 2. The East Everglades Ordinance …interprets the [Act], and in particular section 403.509, to mean that there are no “applicable” local government…Consider Local Regulations, as required by section 403.509(3), Fla. Stat. (2013 ). We first address…transmission line corridors, as was required by section 403.509(3)(b), Florida Statute (2013). We agree with the

Seminole Tribe of Florida v. Hendry County

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-12T00:00:00-07:00

Citation: 114 So. 3d 1073, 2013 WL 2494708, 2013 Fla. App. LEXIS 9265

Snippet: comprehensive plans and land development regulations.” § 403.509(3)(c). Based on all of the above-quoted statutory

Seminole Elec. Co-Op. v. Dep

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-13T00:53:00-07:00

Citation: 985 So. 2d 615

Snippet: and protect the broad interests of the public. § 403.509(3), Fla. Stat. (2006). Although codified in this…parties...." §§ 403.508(6)(a), 403.508(6)(d)1., 403.509(1)(a), Fla. Stat. (2006). This 2006 amendment authorizing…procedures set forth in sections 403.508(6)(a) and 403.509(1)(a), Florida Statutes (2006). This joint motion…the Parties, invoking sections 403.508(6)(a) and 403.509(1)(a), Florida Statutes (2006). The Joint Stipulation…issuance of a Final Order in accordance with section 403.509(1)(a), Florida Statutes, the provision added to

Seminole Electric Cooperative, Inc. v. Department of Environmental Protection

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-13T00:00:00-07:00

Citation: 985 So. 2d 615, 2008 Fla. App. LEXIS 8469

Snippet: parties .... ” §§ 403.508(6)(a), 403.508(6)(d)l., 403.509(l)(a), Fla. Stat. (2006). This 2006 amendment authorizing…procedures set forth in sections 403.508(6)(a) and 403.509(1)(a), Florida Statutes (2006). This joint motion…the Parties, invoking sections 403.508(6)(a) and 403.509(l)(a), Florida Statutes (2006). The Joint Stipulation…issuance of a Final Order in accordance with section 403.509(l)(a), Florida Statutes, the provision added to… cancellation of the certification hearing.” § 403.509(l)(a), Fla. Stat. (2006). In this case, all parties

Teco Power Services Corp. v. Department of Environmental Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1991-12-20T00:00:00-08:00

Citation: 590 So. 2d 1086, 1991 Fla. App. LEXIS 12721, 1991 WL 272767

Snippet: constituted final agency action according to subsection 403.509(5), Florida Statutes (Supp. 1990). DER was authorized…modification of the BACT conditions violates subsection 403.509(3), Florida Statutes (Supp.1990), reversal is required…conditions of certification.” We hold that subsection 403.-509(3) does not confer upon DER the discretion to

Fla. Ch. of Sierra Club v. Orlando Util. Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 1983-08-18T00:53:00-07:00

Citation: 436 So. 2d 383

Snippet: administrative action required as to the application. § 403.509(3). The proceedings under Chapter 403 are reviewable