Florida Statutes 403.523 – Department of Environmental Protection; powers and duties
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 403.523
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Environmental Protection. See Florida Statutes 403.281
- 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.
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.