Florida Regulations 62-17.750: Public Noticing Requirements
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(1) The following forms used by the Department of Environmental Protection are adopted and incorporated by reference as outlined below. The forms are listed by rule number which is also the form number, with the subject, title and effective date. Copies of forms may be obtained from the Department of Environmental Protection, Siting Coordination Office, MS #48, 3900 Commonwealth Blvd., Tallahassee, FL 32399 or by accessing the Office’s web site at http://www.dep.state.fl.us/siting.
(a) The applicant shall provided newspaper notice as required by Florida Statutes § 403.5363, using the forms and procedures listed below.
1. Notice of Filing an Application – DEP Form 62-17.750(1) effective as of 5-24-10. This notice shall:
a. Be published within 21 days after filing with the department,
b. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor,
c. Be no less than one half page in size (one full page in a tabloid size newspaper),
d. Contain a map, which occupies a minimum of one quarter of the display advertisement, clearly showing the corridors proper for certification inclusive of Selected Townships and Ranges, and where possible, Sections, with all patterns or other graphics used to indicate special features bold enough to register legibly on newsprint.
2. Notice of Certification Hearing – DEP Form 62-17.750(2) effective as of 5-24-10. This notice shall:
a. Be published not less than 65 days prior to scheduled certification hearing,
b. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor not less than 65 days prior to any scheduled certification hearing,
c. Be no less than one half page in size (one full page in a tabloid size newspaper),
d. Have a heading in bold letters not less than 3/8” inch high,
e. Include a map of the proposed corridor(s) location.
3. Notice of Cancellation of Certification Hearing – DEP Form 62-17.750(3) effective as of 5-24-10. This notice shall;
a. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor at least 3 days prior to any scheduled certification hearing,
b. Be one-fourth page in size in a standard size newspaper or one-half page in a tabloid size newspaper,
c. Have a heading in bold letters not less than 3/8” inch high.
4. Notice of Deferment of Certification Hearing due to the Acceptance of Alternate Corridor(s) – DEP Form 62-17.750(4) effective as of 5-24-10. This notice shall:
a. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor,
b. Be published at least 7 days before the date of the originally scheduled certification hearing,
c. At a minimum, be one-eighth page in size in a standard size newspaper or one-fourth page in a tabloid size newspaper,
d. Not require a map to be included,
e. In the event that the certification hearing is deferred and dates of rescheduling are available, this notice may be combined with the notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5).
5. Notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5) effective as of 5-24-10. This notice is required to be provided by the applicant in those counties which are traversed by the corridor proposed in the application, but not by an accepted alternate corridor for which a hearing is being rescheduled. The notice shall:
a. Be published in the same newspapers the Notice of Filing of Application and Notice of Certification Hearing were published in for those particular counties,
b. Be one-fourth page in size in a standard size newspaper or one-half page in a tabloid size newspaper,
c. Have a heading in bold letters not less than 3/8 inch high,
d. Have a copy of a map or maps showing the location of all corridors proper for certification,
e. Be published at least 30 days prior to the rescheduled certification hearing.
6. Notice of Modification of Certified Transmission Line Corridor – DEP Form 62-17.750(6), effective as of 5-24-10. This notice shall:
a. Be published in a newspaper of general circulation in each county affected by any proposed modification,
b. Be one-half page in size in a standard size newspaper or one full page in a tabloid size newspaper,
c. Have a heading in bold letters not less than 3/8” inch high,
d. Have a copy of a map showing modification location.
(b) The proponent of an alternate corridor shall provide newspaper notice as required by Florida Statutes § 403.5363, using the form and procedures listed below.
1. Notice of Filing an Alternate Corridor – DEP Form 62-17.750(8) effective as of 5-24-10. This notice shall:
a. Be published not less than 45 days before the rescheduled certification hearing,
b. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor,
c. Be no less than one half page in size (one full page in a tabloid size newspaper),
d. Contain a map, which occupies a minimum of one quarter of the display advertisement, clearly showing the corridors proper for certification inclusive of Selected Townships and Ranges, and where possible, Sections, with all patterns or other graphics used to indicate special features bold enough to register legibly on newsprint.
2. Notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5) effective as of 5-24-10. This notice is required to be provided by the proponent of an alternate corridor in those counties traversed by the proponent’s accepted alternate corridor, pursuant to Florida Statutes § 403.5363(2) The notice shall:
a. Be published in the same newspapers the Notice of Filing of Application and Notice of Certification Hearing were published in for those particular counties,
b. Be one-fourth page in size in a standard size newspaper or one-half page in a tabloid size newspaper,
c. Have a heading in bold letters not less than 3/8” inch high,
d. Have a copy of a map or maps showing the location of all corridors proper for certification.
(c) A local government or regional planning council whose jurisdiction is to be crossed by a proposed transmission line corridor who proposes to conduct an Informational Public Meeting shall provide newspaper notice as required by Florida Statutes § 403.5363, using the form and procedures listed below.
1. Notice of Informational Public Meeting – DEP Form 62-17.750(7), effective as of 5-24-10. This notice shall be published by a local government or regional planning council in a newspaper of general circulation within whose jurisdiction is to be crossed by a proposed transmission line corridor and be published no later than 7 days prior to the date of the meeting.
2. The Applicant or alternate proponent shall provide direct notice to property owners located within one-quarter mile of the proposed boundaries of the proposed transmission line corridor(s) in accordance with Section 403.5363(5)(a) or 403.5363(6)(a), F.S. A copy of the direct notice provided by the applicant or the proponent of an alternate corridor and a list of all persons to whom the notice was delivered shall be provided to the Department’s Siting Coordination Office in electronic format by the applicant or the proponent of an alternate corridor, as applicable.
(2) Notice of Receipt of Application.
(3) Evidence of Notice Pursuant to Florida Statutes Chapter 403
(a) The applicant or alternate proponent, whichever is responsible for the publication of a newspaper notice, shall provide to the Siting Coordination Office:
1. A newspaper clipping of the actual notice, or a portable document format file of a copy of the actual notice, either of which includes the date of publication and the name of the newspaper in addition to a depiction of the full notice, within five (5) days of actual publication.
2. Proof of publication of each newspaper notice, within seven (7) days of the applicant’s or alternate proponent’s receipt of the proof of publication.
(b) Evidence of any notices shall be filed with the Administrative Law Judge.
Rulemaking Authority Florida Statutes § 403.523(1). Law Implemented 403.527(6)(c), 403.5271(1), 403.5271(1)(c), 403.5315(2), 403.5363 FS. History-New 11-20-80, Formerly 17-17.61, Amended 6-26-84, Formerly 17-17.75, 17-17.750, Amended 5-24-10.
Terms Used In Florida Regulations 62-17.750
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. Notice of Filing an Application – DEP Form 62-17.750(1) effective as of 5-24-10. This notice shall:
a. Be published within 21 days after filing with the department,
b. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor,
c. Be no less than one half page in size (one full page in a tabloid size newspaper),
d. Contain a map, which occupies a minimum of one quarter of the display advertisement, clearly showing the corridors proper for certification inclusive of Selected Townships and Ranges, and where possible, Sections, with all patterns or other graphics used to indicate special features bold enough to register legibly on newsprint.
2. Notice of Certification Hearing – DEP Form 62-17.750(2) effective as of 5-24-10. This notice shall:
a. Be published not less than 65 days prior to scheduled certification hearing,
b. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor not less than 65 days prior to any scheduled certification hearing,
c. Be no less than one half page in size (one full page in a tabloid size newspaper),
d. Have a heading in bold letters not less than 3/8” inch high,
e. Include a map of the proposed corridor(s) location.
3. Notice of Cancellation of Certification Hearing – DEP Form 62-17.750(3) effective as of 5-24-10. This notice shall;
a. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor at least 3 days prior to any scheduled certification hearing,
b. Be one-fourth page in size in a standard size newspaper or one-half page in a tabloid size newspaper,
c. Have a heading in bold letters not less than 3/8” inch high.
4. Notice of Deferment of Certification Hearing due to the Acceptance of Alternate Corridor(s) – DEP Form 62-17.750(4) effective as of 5-24-10. This notice shall:
a. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor,
b. Be published at least 7 days before the date of the originally scheduled certification hearing,
c. At a minimum, be one-eighth page in size in a standard size newspaper or one-fourth page in a tabloid size newspaper,
d. Not require a map to be included,
e. In the event that the certification hearing is deferred and dates of rescheduling are available, this notice may be combined with the notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5).
5. Notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5) effective as of 5-24-10. This notice is required to be provided by the applicant in those counties which are traversed by the corridor proposed in the application, but not by an accepted alternate corridor for which a hearing is being rescheduled. The notice shall:
a. Be published in the same newspapers the Notice of Filing of Application and Notice of Certification Hearing were published in for those particular counties,
b. Be one-fourth page in size in a standard size newspaper or one-half page in a tabloid size newspaper,
c. Have a heading in bold letters not less than 3/8 inch high,
d. Have a copy of a map or maps showing the location of all corridors proper for certification,
e. Be published at least 30 days prior to the rescheduled certification hearing.
6. Notice of Modification of Certified Transmission Line Corridor – DEP Form 62-17.750(6), effective as of 5-24-10. This notice shall:
a. Be published in a newspaper of general circulation in each county affected by any proposed modification,
b. Be one-half page in size in a standard size newspaper or one full page in a tabloid size newspaper,
c. Have a heading in bold letters not less than 3/8” inch high,
d. Have a copy of a map showing modification location.
(b) The proponent of an alternate corridor shall provide newspaper notice as required by Florida Statutes § 403.5363, using the form and procedures listed below.
1. Notice of Filing an Alternate Corridor – DEP Form 62-17.750(8) effective as of 5-24-10. This notice shall:
a. Be published not less than 45 days before the rescheduled certification hearing,
b. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor,
c. Be no less than one half page in size (one full page in a tabloid size newspaper),
d. Contain a map, which occupies a minimum of one quarter of the display advertisement, clearly showing the corridors proper for certification inclusive of Selected Townships and Ranges, and where possible, Sections, with all patterns or other graphics used to indicate special features bold enough to register legibly on newsprint.
2. Notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5) effective as of 5-24-10. This notice is required to be provided by the proponent of an alternate corridor in those counties traversed by the proponent’s accepted alternate corridor, pursuant to Florida Statutes § 403.5363(2) The notice shall:
a. Be published in the same newspapers the Notice of Filing of Application and Notice of Certification Hearing were published in for those particular counties,
b. Be one-fourth page in size in a standard size newspaper or one-half page in a tabloid size newspaper,
c. Have a heading in bold letters not less than 3/8” inch high,
d. Have a copy of a map or maps showing the location of all corridors proper for certification.
(c) A local government or regional planning council whose jurisdiction is to be crossed by a proposed transmission line corridor who proposes to conduct an Informational Public Meeting shall provide newspaper notice as required by Florida Statutes § 403.5363, using the form and procedures listed below.
1. Notice of Informational Public Meeting – DEP Form 62-17.750(7), effective as of 5-24-10. This notice shall be published by a local government or regional planning council in a newspaper of general circulation within whose jurisdiction is to be crossed by a proposed transmission line corridor and be published no later than 7 days prior to the date of the meeting.
2. The Applicant or alternate proponent shall provide direct notice to property owners located within one-quarter mile of the proposed boundaries of the proposed transmission line corridor(s) in accordance with Section 403.5363(5)(a) or 403.5363(6)(a), F.S. A copy of the direct notice provided by the applicant or the proponent of an alternate corridor and a list of all persons to whom the notice was delivered shall be provided to the Department’s Siting Coordination Office in electronic format by the applicant or the proponent of an alternate corridor, as applicable.
(2) Notice of Receipt of Application.
(3) Evidence of Notice Pursuant to Florida Statutes Chapter 403
(a) The applicant or alternate proponent, whichever is responsible for the publication of a newspaper notice, shall provide to the Siting Coordination Office:
1. A newspaper clipping of the actual notice, or a portable document format file of a copy of the actual notice, either of which includes the date of publication and the name of the newspaper in addition to a depiction of the full notice, within five (5) days of actual publication.
2. Proof of publication of each newspaper notice, within seven (7) days of the applicant’s or alternate proponent’s receipt of the proof of publication.
(b) Evidence of any notices shall be filed with the Administrative Law Judge.
Rulemaking Authority Florida Statutes § 403.523(1). Law Implemented 403.527(6)(c), 403.5271(1), 403.5271(1)(c), 403.5315(2), 403.5363 FS. History-New 11-20-80, Formerly 17-17.61, Amended 6-26-84, Formerly 17-17.75, 17-17.750, Amended 5-24-10.