(1)(a) If the administrative law judge has granted a request to cancel the certification hearing and has relinquished jurisdiction to the department under s. 403.527(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 state the reasons for issuance or denial.
(b) If the administrative law judge does not grant a request to cancel the certification hearing under the provisions of s. 403.527(6) within 60 days after receipt of the administrative law judge’s recommended order, the board shall act upon the application by written order, approving in whole, approving with such conditions as the board deems appropriate, or denying the certification and stating the reasons for issuance or denial.
(2) The issues that may be raised in any hearing before the board shall be limited to matters raised in the certification proceeding before the administrative law judge or raised in the recommended order of the administrative law judge. All parties, or their representatives, or persons who appear before the board shall be subject to s. 120.66.
(3) If certification is denied, the board, or secretary if applicable, shall set forth in writing the action the applicant would have to take to secure the approval of the application.
(4) 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 of the transmission line corridor and the construction, operation, and maintenance of the transmission line will:
(a) Ensure electric power system reliability and integrity;
(b) Meet the electrical energy needs of the state in an orderly, economical, and timely fashion;
(c) Comply with applicable nonprocedural requirements of agencies;
(d) Be consistent with applicable provisions of local government comprehensive plans, if any; and
(e) Effect a reasonable balance between the need for the transmission line as a means of providing reliable, economically efficient electric energy, as determined by the commission, under s. 403.537, and the impact upon the public and the environment resulting from the location of the transmission line corridor and the construction, operation, and maintenance of the transmission lines.
(5)(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. 403.522(10) 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 (4), including costs.
(b) If the board, or secretary if applicable, finds that an alternate corridor rejected pursuant to s. 403.5271 meets the criteria of subsection (4) and has the least adverse impact regarding the criteria in subsection (4), including cost, of all corridors that meet the criteria of subsection (4), 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 (4) have the least adverse impacts regarding the criteria in subsection (4), including costs, and that the corridors are substantially equal in adverse impacts regarding the criteria in subsection (4), 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. 403.522(10).
(6) The issuance or denial of the certification is the final administrative action required as to that application.
Cited 2 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2389
...ecommended order, either denying or approving the application. See Section 403.527, Florida Statutes. Lastly, the Governor and members of the Cabinet, sitting as the Siting Board, may approve, approve with modifications, or deny the application. See Section 403.529, Florida Statutes....
...s. The finality of the PSC's determination does not in any way preclude the Siting Board from effecting a reasonable balance between the need for the proposed transmission line and the resulting impact the line may have on the public, as required by Section 403.529(3)(e). [2] The TLSA, however, does not permit a redetermination of the factual finding of need made by the PSC, but rather allows the Siting Board to determine, after consideration of the statutory criteria delineated under section 403.529(3), whether the proposed transmission line should be approved, approved with modifications, or denied....
...ant to the authority conferred on it by section 403.537, may be revisited. The cause is remanded to the Board with directions that it review the recommended order, together with the supporting record, pursuant to its statutory responsibilities under section 403.529, and then issue a final order....
...Community Psychiatric Centers of Florida, Inc., 482 So.2d 437 (Fla. 1st DCA 1985). REVERSED in part, DISMISSED in part, and the cause is REMANDED for further consistent proceedings. WIGGINTON, J., and FRANK, RICHARD H., Associate Judge, concur. NOTES [1] Sections 403.52-403.536, Florida Statutes. [2] Section 403.529(3) provides that the Siting Board, in determining whether to approve the application for licensure, shall consider whether the transmission line will: (e) Effect a reasonable balance between the need for the transmission line as a mea...
...Palm Beach County's arguments will be addressed separately. [3] All factual allegations in the Complaint are considered by the Court to be true at this stage in the proceedings. [4] Florida Power & Light Co. is an intervenor-defendant. [5] This Count also referenced alleged violations of Section 403.529, Florida Statutes, the Power Line Siting Act....
...orida Water Resources Act. Although I disagree with certain defendants' characterizations of the references to this Act as simply "generalized rants," [DE 60 at 12] the references also do not state a claim. Therefore, the allegation of violations of § 403.529 will not be considered as a separate cause of action, or considered to state a claim at all....
...he need for the transmission line as a means of providing abundant low-cost electrical energy and the impact upon the public and the environment resulting from the location of the transmission line corridor and maintenance of the transmission lines. § 403.529(3), Fla.Stat....
...Sugar contends that FP & L has not shown that it will comply with the nonprocedural requirements of those agencies. Sugar adds that the Siting Board, without adequate information before it, cannot balance the need for the transmission line with the impact on the public and environment as required by section 403.529(3)(e)....
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