Florida Statutes
Part II - Electrical Power Plant and Transmission Line Siting (Ss. 403.501-403.539)
403.524 - Applicability; certification; exemptions.


(1) This act applies to each transmission line, except a transmission line certified under the Florida Electrical Power Plant Siting Act.
(2) Except as provided in subsection (1), construction of a transmission line may not be undertaken without first obtaining certification under this act, but this act does not apply to:
(a) Transmission lines for which development approval has been obtained under chapter 380.
(b) Transmission lines that have been exempted by a binding letter of interpretation issued under s. 380.06(3), or in which the Department of Economic Opportunity or its predecessor agency has determined the utility to have vested development rights within the meaning of s. 380.05(18) or s. 380.06(8).
(c) Transmission line development in which all construction is limited to established rights-of-way. Established rights-of-way include rights-of-way established at any time for roads, highways, railroads, gas, water, oil, electricity, or sewage and any other public purpose rights-of-way. If an established transmission line right-of-way is used to qualify for this exemption, the transmission line right-of-way must have been established at least 5 years before notice of the start of construction under subsection (4) of the proposed transmission line. If an established transmission line right-of-way is relocated to accommodate a public project, the date the original transmission line right-of-way was established applies to the relocated transmission line right-of-way for purposes of this exemption.
(d) Unless the applicant has applied for certification under this act, transmission lines that are less than 15 miles in length or are located in a single county within the state.

(3) The exemption of a transmission line under this act does not constitute an exemption for the transmission line from other applicable permitting processes under other provisions of law or local government ordinances.
(4) An electric utility shall notify the department in writing, before the start of construction, of its intent to construct a transmission line exempted under this section. The notice is only for information purposes, and action by the department is not required pursuant to the notice. This notice may be included in any submittal filed with the department before the start of construction demonstrating that a new transmission line complies with the applicable electric and magnetic field standards.
History.—s. 1, ch. 80-65; s. 14, ch. 81-131; s. 38, ch. 81-167; s. 40, ch. 83-55; s. 5, ch. 83-222; s. 49, ch. 85-55; s. 29, ch. 90-331; s. 49, ch. 2006-230; s. 289, ch. 2011-142; s. 20, ch. 2018-158.

Structure Florida Statutes

Florida Statutes

Title XXIX - Public Health

Chapter 403 - Environmental Control

Part II - Electrical Power Plant and Transmission Line Siting (Ss. 403.501-403.539)

403.501 - Short title.

403.502 - Legislative intent.

403.503 - Definitions relating to Florida Electrical Power Plant Siting Act.

403.504 - Department of Environmental Protection; powers and duties enumerated.

403.5055 - Application for permits pursuant to s. 403.0885.

403.506 - Applicability, thresholds, and certification.

403.5063 - Notice of intent to file application.

403.5064 - Application; schedules.

403.5065 - Appointment of administrative law judge; powers and duties.

403.5066 - Determination of completeness.

403.50663 - Informational public meetings.

403.50665 - Land use consistency.

403.507 - Preliminary statements of issues, reports, project analyses, and studies.

403.508 - Land use and certification hearings, parties, participants.

403.509 - Final disposition of application.

403.5095 - Alteration of time limits.

403.510 - Superseded laws, regulations, and certification power.

403.511 - Effect of certification.

403.5112 - Filing of notice of certified corridor route.

403.5113 - Postcertification amendments and review.

403.5115 - Public notice.

403.5116 - County and municipal authority unaffected by ch. 75-22.

403.512 - Revocation or suspension of certification.

403.513 - Review.

403.514 - Enforcement of compliance.

403.515 - Availability of information.

403.516 - Modification of certification.

403.517 - Supplemental applications for sites certified for ultimate site capacity.

403.5175 - Existing electrical power plant site certification.

403.518 - Fees; disposition.

403.5185 - Law applicable to applications processed under ss. 403.501-403.518.

403.519 - Exclusive forum for determination of need.

403.52 - Short title.

403.521 - Legislative intent.

403.522 - Definitions relating to the Florida Electric Transmission Line Siting Act.

403.523 - Department of Environmental Protection; powers and duties.

403.524 - Applicability; certification; exemptions.

403.525 - Administrative law judge; appointment; powers and duties.

403.5251 - Application; schedules.

403.5252 - Determination of completeness.

403.526 - Preliminary statements of issues, reports, and project analyses; studies.

403.527 - Certification hearing, parties, participants.

403.5271 - Alternate corridors.

403.5272 - Informational public meetings.

403.5275 - Amendment to the application.

403.528 - Alteration of time limits.

403.529 - Final disposition of application.

403.531 - Effect of certification.

403.5312 - Filing of notice of certified corridor route.

403.5315 - Modification of certification.

403.5317 - Postcertification activities.

403.532 - Revocation or suspension of certification.

403.533 - Enforcement of compliance.

403.536 - Superseded laws, regulations, and certification power.

403.5363 - Public notices; requirements.

403.5365 - Fees; disposition.

403.537 - Determination of need for transmission line; powers and duties.

403.539 - Certification admissible in eminent domain proceedings; attorney’s fees and costs.