Florida Statute 403.523 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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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.

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Amendments to 403.523

Annotations, Discussions, Cases:

Cases Citing Statute 403.523

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

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Florida Power & Light Co. v. Glazer, 671 So. 2d 211 (Fla. 3d DCA 1996).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 1996 WL 148584

...[3] Chapter 403 of the Florida Statutes delegates to the DEP the power and duty to "[e]stablish requirements by rule that reasonably protect the public health and welfare from electric and magnetic fields...." § 403.061(30), Fla.Stat. (1995); see § 403.523(10), Fla.Stat....

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Florida Power Corp. v. State, Siting Bd., 513 So. 2d 1341 (Fla. 1st DCA 1987).

Cited 2 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2389

...dor. 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 has prevented the Governor and Cabinet from being able to carry out their responsibilities ......

...to effect a reasonable *1343 balance between the need for the transmission line and the impact on the environment... . Accordingly, DER is hereby directed to expeditiously initiate the rule promulgation process and thereby comply with the clear legislative mandate set forth in Sections 403.523(1) and (14), F.S....

...tenance of the lines. In its appeal from the final order of the Siting Board, FPC contends that it was error to deny the application for licensure of the LT-K transmission line based on its failure to comply with yet-to-be-adopted rules. Although subsection 403.523(1) states that DER shall have the duty to adopt or amend rules in order to implement subsection (14), DER had not yet, at the time of the certification hearing, adopted any rules specifying the width of proposed lines necessary for protection against electric and magnetic fields (EMF), as required by section 403.523(14)....

...The Siting Board denied certification of the proposed line, holding that a determination as to whether FPC had complied with EMF standards necessary to protect the health, safety, and welfare could not be made until DER had adopted rules in accordance with section 403.523(14). We agree with the appellant that it was error for the Board to defer consideration of the application until rules had been adopted specifying the requirements complying with section 403.523(14). Despite the provisions of section 403.523(1), directing DER to adopt rules implementing the provisions of the TLSA, we do not read the statute as precluding DER from developing incipient non-rule policy in an adjudicatory certification proceeding....

...compliance with the obligations. The TLSA contains no similar provision for the imposition of sanctions, and, as such, does not present the same procedural due process concerns that were apparent in Perkins. We therefore do not interpret subsections 403.523(1) and (14) as requiring formal rulemaking....

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