Florida Statute 403.519 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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F.S. 403.519

403.519 Exclusive forum for determination of need.—

(1) On request by an applicant or on its own motion, the commission shall begin a proceeding to determine the need for an electrical power plant subject to the Florida Electrical Power Plant Siting Act.

(2) The applicant shall publish a notice of the proceeding in a newspaper of general circulation in each county in which the proposed electrical power plant will be located. The notice shall be at least one-quarter of a page and published at least 21 days prior to the scheduled date for the proceeding. The commission shall publish notice of the proceeding in the manner specified by chapter 120 at least 21 days prior to the scheduled date for the proceeding.

(3) The commission shall be the sole forum for the determination of this matter, which accordingly shall not be raised in any other forum or in the review of proceedings in such other forum. In making its determination, the commission shall take into account the need for electric system reliability and integrity, the need for adequate electricity at a reasonable cost, the need for fuel diversity and supply reliability, whether the proposed plant is the most cost-effective alternative available, and whether renewable energy sources and technologies, as well as conservation measures, are utilized to the extent reasonably available. The commission shall also expressly consider the conservation measures taken by or reasonably available to the applicant or its members which might mitigate the need for the proposed plant and other matters within its jurisdiction which it deems relevant. The commission’s determination of need for an electrical power plant shall create a presumption of public need and necessity and shall serve as the commission’s report required by s. 403.507(4). An order entered pursuant to this section constitutes final agency action.

(4) In making its determination on a proposed electrical power plant using nuclear materials or synthesis gas produced by integrated gasification combined cycle power plant as fuel, the commission shall hold a hearing within 90 days after the filing of the petition to determine need and shall issue an order granting or denying the petition within 135 days after the date of the filing of the petition. The commission shall be the sole forum for the determination of this matter and the issues addressed in the petition, which accordingly shall not be reviewed in any other forum, or in the review of proceedings in such other forum. In making its determination to either grant or deny the petition, the commission shall consider the need for electric system reliability and integrity, including fuel diversity, the need for base-load generating capacity, the need for adequate electricity at a reasonable cost, and whether renewable energy sources and technologies, as well as conservation measures, are utilized to the extent reasonably available.

(a) The applicant’s petition shall include:

1. A description of the need for the generation capacity.

2. A description of how the proposed nuclear or integrated gasification combined cycle power plant will enhance the reliability of electric power production within the state by improving the balance of power plant fuel diversity and reducing Florida’s dependence on fuel oil and natural gas.

3. A description of and a nonbinding estimate of the cost of the nuclear or integrated gasification combined cycle power plant, including any costs associated with new, expanded, or relocated electrical transmission lines or facilities of any size that are necessary to serve the nuclear power plant.

4. The annualized base revenue requirement for the first 12 months of operation of the nuclear or integrated gasification combined cycle power plant.

5. Information on whether there were any discussions with any electric utilities regarding ownership of a portion of the nuclear or integrated gasification combined cycle power plant by such electric utilities.

(b) In making its determination, the commission shall take into account matters within its jurisdiction, which it deems relevant, including whether the nuclear or integrated gasification combined cycle power plant will:

1. Provide needed base-load capacity.

2. Enhance the reliability of electric power production within the state by improving the balance of power plant fuel diversity and reducing Florida’s dependence on fuel oil and natural gas.

3. Provide the most cost-effective source of power, taking into account the need to improve the balance of fuel diversity, reduce Florida’s dependence on fuel oil and natural gas, reduce air emission compliance costs, and contribute to the long-term stability and reliability of the electric grid.

(c) No provision of rule 25-22.082, Florida Administrative Code, shall be applicable to a nuclear or integrated gasification combined cycle power plant sited under this act, including provisions for cost recovery, and an applicant shall not otherwise be required to secure competitive proposals for power supply prior to making application under this act or receiving a determination of need from the commission.

(d) The commission’s determination of need for a nuclear or integrated gasification combined cycle power plant shall create a presumption of public need and necessity and shall serve as the commission’s report required by s. 403.507(4)(a). An order entered pursuant to this section constitutes final agency action. Any petition for reconsideration of a final order on a petition for need determination shall be filed within 5 days after the date of such order. The commission’s final order, including any order on reconsideration, shall be reviewable on appeal in the Florida Supreme Court. Inasmuch as delay in the determination of need will delay siting of a nuclear or integrated gasification combined cycle power plant or diminish the opportunity for savings to customers under the federal Energy Policy Act of 2005, the Supreme Court shall proceed to hear and determine the action as expeditiously as practicable and give the action precedence over matters not accorded similar precedence by law.

(e) After a petition for determination of need for a nuclear or integrated gasification combined cycle power plant has been granted, the right of a utility to recover any costs incurred prior to commercial operation, including, but not limited to, costs associated with the siting, design, licensing, or construction of the plant and new, expanded, or relocated electrical transmission lines or facilities of any size that are necessary to serve the nuclear power plant, shall not be subject to challenge unless and only to the extent the commission finds, based on a preponderance of the evidence adduced at a hearing before the commission under s. 120.57, that certain costs were imprudently incurred. Proceeding with the construction of the nuclear or integrated gasification combined cycle power plant following an order by the commission approving the need for the nuclear or integrated gasification combined cycle power plant under this act shall not constitute or be evidence of imprudence. Imprudence shall not include any cost increases due to events beyond the utility’s control. Further, a utility’s right to recover costs associated with a nuclear or integrated gasification combined cycle power plant may not be raised in any other forum or in the review of proceedings in such other forum. Costs incurred prior to commercial operation shall be recovered pursuant to chapter 366.

History.—s. 5, ch. 80-65; s. 24, ch. 90-331; s. 43, ch. 2006-230; s. 3, ch. 2007-117; s. 85, ch. 2008-227.

F.S. 403.519 on Google Scholar

F.S. 403.519 on Casetext

Amendments to 403.519

Arrestable Offenses / Crimes under Fla. Stat. 403.519

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.519.

Annotations, Discussions, Cases:

Cases Citing Statute 403.519

Total Results: 16

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

Court: District Court of Appeal of Florida | Date Filed: 2016-04-20

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

Snippet: electrical energy as established pursuant to s. 403.519. (4) To assure the citizens of Florida that

Smalley v. Duke Energy Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2014-12-31

Citation: 154 So. 3d 439, 2014 Fla. App. LEXIS 20925

Snippet: challenging the constitutionality of sections 366.93 and 403.519, Florida Statutes (2012), and seeking a refund

Southern Alliance for Clean Energy v. Graham

Court: Supreme Court of Florida | Date Filed: 2013-05-02

Citation: 113 So. 3d 742, 38 Fla. L. Weekly Supp. 267, 2013 WL 1830919, 2013 Fla. LEXIS 886

Snippet: plants. Specifically, the Legislature added section 403.519(4)(e), Florida Statutes (2006), to provide that

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

Court: District Court of Appeal of Florida | Date Filed: 2008-06-13

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

Snippet: for the facility as established pursuant to s. 403.519 and the impacts upon air and water quality, fish

Seminole Elec. Co-Op. v. Dep

Court: District Court of Appeal of Florida | Date Filed: 2008-06-13

Citation: 985 So. 2d 615

Snippet: for the facility as established pursuant to s. 403.519 and the impacts upon air and water quality, fish

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-03-03

Snippet: 366.80 Short title._Sections 366.80—366.85 and 403.519 shall be known and may be cited as the "Florida

PANDA ENERGY INTERN. v. Jacobs

Court: Supreme Court of Florida | Date Filed: 2002-02-21

Citation: 813 So. 2d 46, 2002 WL 243076

Snippet: determination of need with the PSC, pursuant to section 403.519, Florida Statutes (2000), seeking approval to build

Tampa Elec. Co. v. Garcia

Court: Supreme Court of Florida | Date Filed: 2000-04-20

Citation: 767 So. 2d 428, 2000 WL 422871

Snippet: from the PSC for a proposed power plant. See § 403.519, Fla. Stat. (1997).[5] The PSC's granting of a

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-02-10

Snippet: electrical energy as established pursuant to s. 403.519." (e.s.) The act, therefore, creates a "one-step"

LEAF v. Clark

Court: Supreme Court of Florida | Date Filed: 1996-02-29

Citation: 668 So. 2d 982

Snippet: and Gulf Power Company. See §§ 366.80-366.85, 403.519, Fla.Stat. (1993); Fla.Admin.Code Ch. 25-17, Part

Nassau Power Corp. v. Deason

Court: Supreme Court of Florida | Date Filed: 1994-08-11

Citation: 641 So. 2d 396, 19 Fla. L. Weekly Supp. 389, 1994 Fla. LEXIS 1203, 1994 WL 416711

Snippet: criteria set forth in section 403.519, Florida Statutes (1989). Section 403.519 requires the PSC to make specific

Florida Gas Transmission Co. v. PSC

Court: Supreme Court of Florida | Date Filed: 1994-04-21

Citation: 635 So. 2d 941, 1994 WL 137905

Snippet: industries. For example, the language in section 403.519, Florida Statutes (1993), governing the determination

Floridians for Responsible Utility Growth v. Beard

Court: Supreme Court of Florida | Date Filed: 1993-07-01

Citation: 621 So. 2d 410, 18 Fla. L. Weekly Supp. 421, 1993 Fla. LEXIS 1160, 1993 WL 241026

Snippet: for a 220-megawatt IGCC unit pursuant to section 403.519, Florida Statutes (1991). The phased construction

Nassau Power Corp. v. Beard

Court: Supreme Court of Florida | Date Filed: 1992-05-28

Citation: 601 So. 2d 1175, 17 Fla. L. Weekly Supp. 314, 1992 Fla. LEXIS 998, 1992 WL 110902

Snippet: criteria set forth in section 403.519, Florida Statutes (1989).[5] Section 403.519 requires the PSC to make

Citizens of the State v. Wilson

Court: Supreme Court of Florida | Date Filed: 1990-11-15

Citation: 569 So. 2d 1268, 1990 Fla. LEXIS 1616, 1990 WL 179073

Snippet: Conservation Act (FEECA), sections 366.80-.85, 403.519, Florida Statutes (1989). Pursuant to FEE-CA, the

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

Court: District Court of Appeal of Florida | Date Filed: 1983-08-18

Citation: 436 So. 2d 383

Snippet: in error, due to the misconstruing of section 403.519, Florida Statutes (1981), by the hearing officer