Florida Statutes
Fla. Stat. § 403.523 (2025)
Department of Environmental Protection; powers and duties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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403.523 Department of Environmental Protection; powers and duties.—The department has the following powers and duties:
(1) To adopt procedural rules pursuant to ss. 120.536(1) and 120.54 to administer this act and to adopt or amend rules to implement the provisions of subsection (10).
(2) To prescribe the form and content of the public notices and the form, content, and necessary supporting documentation, and any required studies, for certification applications. All data and studies shall be related to the jurisdiction of the agencies relevant to the application.
(3) To receive applications for transmission line and corridor certifications and initially determine the completeness thereof.
(4) To make or contract for studies of certification applications. All studies shall be related to the jurisdiction of the agencies relevant to the application. For studies in areas outside the jurisdiction of the department and in the jurisdiction of another agency, the department may initiate such studies, but only with the consent of the agency.
(5) To administer the processing of applications for certification and ensure that the applications, including postcertification reviews, are processed on an expeditious and priority basis.
(6) To collect and process such fees as allowed by this act.
(7) To prepare a report and project analysis as required by s. 403.526.
(8) To prescribe the means for monitoring the effects arising from the location of the transmission line corridor and the construction, operation, and maintenance of the transmission lines to assure continued compliance with the terms of the certification.
(9) To make a determination of acceptability of any alternate corridor proposed for consideration under s. 403.5271.
(10) To set requirements that reasonably protect the public health and welfare from the electric and magnetic fields of transmission lines for which an application is filed under this act.
(11) To present rebuttal evidence on any issue properly raised at the certification hearing.
(12) To issue final orders after receipt of the administrative law judge’s order relinquishing jurisdiction pursuant to s. 403.527(6).
(13) To act as clerk for the siting board.
(14) To administer and manage the terms and conditions of the certification order and supporting documents and records for the life of the facility.
(15) To issue emergency orders on behalf of the board for facilities licensed under this act.
History.—s. 1, ch. 80-65; s. 37, ch. 81-167; s. 265, ch. 81-259; s. 39, ch. 83-55; s. 4, ch. 83-222; s. 8, ch. 86-173; s. 55, ch. 86-186; s. 28, ch. 90-331; s. 389, ch. 94-356; s. 103, ch. 98-200; s. 48, ch. 2006-230.
Notes of Decisions
Cited in 2
cases, 1987–1996 · leading case: Florida Power Corp. v. State, Siting Bd., 513 So. 2d 1341 (Fla. 1st DCA 1987).
Florida Power Corp. v. State, Siting Bd., 513 So. 2d 1341 (Fla. 1st DCA 1987). “In its final order, however, the Siting Board rejected the recommendation and denied the proposed transmission line, stating: The proposed transmission line is denied on the grounds that DER has failed to promulgate general rules as required by Section 403.523(1) and (14), which…”
Florida Power & Light Co. v. Glazer, 671 So. 2d 211 (Fla. 3d DCA 1996). “(1995); see § 403.523(10), Fla.Stat. (1995). It goes on to provide that, "[n]otwithstanding any other provision in this chapter or any other law of this state or political subdivision thereof, the department shall have exclusive jurisdiction in the regulation of electric and…”
— 403.523(1) — 1 case
Florida Power Corp. v. State, Siting Bd., 513 So. 2d 1341 (Fla. 1st DCA 1987). “In its final order, however, the Siting Board rejected the recommendation and denied the proposed transmission line, stating: The proposed transmission line is denied on the grounds that DER has failed to promulgate general rules as required by Section 403.523(1) and (14), which…”
— 403.523(10) — 1 case
Florida Power & Light Co. v. Glazer, 671 So. 2d 211 (Fla. 3d DCA 1996). “(1995); see § 403.523(10), Fla.Stat. (1995). It goes on to provide that, "[n]otwithstanding any other provision in this chapter or any other law of this state or political subdivision thereof, the department shall have exclusive jurisdiction in the regulation of electric and…”
— 403.523(14) — 1 case
Florida Power Corp. v. State, Siting Bd., 513 So. 2d 1341 (Fla. 1st DCA 1987). “In its final order, however, the Siting Board rejected the recommendation and denied the proposed transmission line, stating: The proposed transmission line is denied on the grounds that DER has failed to promulgate general rules as required by Section 403.523(1) and (14), which…”
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