CopyCited 2 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 73304, 2009 WL 2523901
...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....
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Cited as authorityDulcio (2023)phrase: "rule_authority"
Cited as authorityBolling (2021)phrase: "rule_authority"
CopyCited 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...
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Cited as authorityRabren (1990)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4825, 1991 WL 85513
...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)....
