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Florida Statute 403.523 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
F.S. 403.523
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.

F.S. 403.523 on Google Scholar

F.S. 403.523 on Casetext

Amendments to 403.523


Arrestable Offenses / Crimes under Fla. Stat. 403.523
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.523.



Annotations, Discussions, Cases:

Cases Citing Statute 403.523

Total Results: 2

Florida Power & Light Co. v. Glazer

Court: Fla. Dist. Ct. App. | Date Filed: 1996-04-02T23:53:00-08:00

Citation: 671 So. 2d 211

Snippet: ." § 403.061(30), Fla.Stat. (1995); see § 403.523(10), Fla.Stat. (1995). It goes on to provide that

Florida Power Corp. v. State, Siting Bd.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-10-08T00:53:00-07:00

Citation: 513 So. 2d 1341

Snippet: complying with section 403.523(14). Despite the provisions of section 403.523(1), directing DER to adopt…promulgate general rules as required by Section 403.523(1) and (14), which has prevented the Governor and…clear legislative mandate set forth in Sections 403.523(1) and (14), F.S. * * * * * * The Board also specifically…with yet-to-be-adopted rules. Although subsection 403.523(1) states that DER shall have the duty to adopt… magnetic fields (EMF), as required by section 403.523(14). The hearing officer determined from the evidence