What follows is a plain language description of opportunities for public involvement during those occasions where Siting Applications are being processed.  It should not be considered a substitute for the applicable Statutes or Rules. Should differences exist between this description and a Statute or Rule, the Statute or Rule is to be considered as over-riding and correct. 

Power Plant Siting Act

Any citizen may:

1. Download a copy of the application or visit the local DEP District Office to view a hard copy. Many documents are downloadable from the Applications in Process webpage.

2. Provide input to your local government as it relates to their Land Use Determination.  This determination (similar to a “zoning” review) is to be made within 45 days after filing of the application, provided that adequate information exists for the local government to make such a determination, in accordance with 403.50665, Florida Statutes.

3. Provide comments to your local government (city or county) agency.  You may encourage your local government to hold a public informational meeting in accordance with 403.50663, Florida Statutes, but the meeting must be held within 70 days after the filing of the application.

4. Propose alternate transmission line corridors if the application allows for the opportunity, no later than 165 days before the scheduled Certification Hearing. You may need to retain legal counsel as you are seeking to become a “party” to the case as defined in 403.508(2)(e) and a timely filing with the Division of Administrative Hearings (DOAH).  Additionally, you should be aware that there are certain expenses associated with proposing an alternate corridor.

5. Challenge the local government’s Land Use Determination within 21 days, in accordance with 403.50665(4) if you are a substantially affected person.  Note that “substantially affected” is not defined in the Administrative Procedure Act, thus you may need to retain legal counsel as you are seeking to become a “party” to the case as defined in 403.508(2)(e).  Further, the petition will require a timely filing with the Division of Administrative Hearings (DOAH).

6. Attend the Land Use Hearing, if held.  If a petition is filed disputing the Land Use Determination, a Land Use Hearing will be held (by a DOAH Hearing Officer, also known as an Administrative Law Judge) in the local area; otherwise no Land Use hearing will be held.  Any citizen may attend the hearing and provide comments, as per 403.508(4)(b) at the discretion of the Hearing Officer.

7. Attend the Siting Board (Governor and Cabinet) meeting regarding Land Use, if held.  A Siting Board meeting regarding Land Use will be held if a Land Use hearing was held as per 6) above.  These meetings are held at the Capitol Building in Tallahassee, and the Siting Board may allow public comments.  However, the issues that may be raised in any hearing before the board shall be limited to those matters raised in the certification proceeding before the administrative law judge or raised in the recommended order as per 403.509(2).

8. Become a party to the Certification Hearing by filing to do so prior to 30 days before commencement of the certification hearing if you are a substantially affected person.  Note that “substantially affected” is not defined in the Administrative Procedure Act, thus you may need to retain legal counsel as you are seeking to become a “party” to the case as defined in 403.508(2)(e).  Further, the petition will require a timely filing with the Division of Administrative Hearings (DOAH).  You may look at other cases to determine the format to follow however. Click on ‘DOAH Docket’ for other similar cases.

9. Attend the Certification Hearing if held.  Unless all “parties” stipulate otherwise, a Certification Hearing will be held (by a DOAH Hearing Officer) in the local area.  Any citizen may attend the Certification Hearing and provide comments, written or oral, at the discretion of the Hearing Officer. If the Hearing Officer considers such communication, all parties are given an opportunity to cross-examine, challenge or rebut such communication.

10. Attend the Siting Board meeting regarding Certification, if held.  A Siting Board meeting regarding Certification will be held if a Certification Hearing was held as per 8) above.  These meetings are held at the Capitol in Tallahassee, and the Siting Board may allow public comments.  However, the issues that may be raised in any hearing before the board shall be limited to those matters raised in the certification proceeding before the administrative law judge or raised in the recommended order as per 403.509(2).

11. Challenge the Siting Board’s Final Order, within 30 days if you are a party.  Any party to the proceeding has the right to seek judicial review of the Final Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal.

Transmission Line Siting Act

Any citizen may:

1. Download a copy of the application or visit the local DEP District Office to view a hard copy. Many documents are downloadable from the Applications in Process webpage.

2. Provide comments to your local government (city or county) agency.  You may encourage your local government to hold a public informational meeting in accordance with 403.5272, Florida Statutes, but the meeting must be held within 55 days after the filing of the application.

3. Encourage your local government to request a public hearing in accordance with 403.527(4), Florida Statutes no later than 21 days after the application has been determined complete.  Within 5 days after notification by the local government, the administrative law judge shall determine the date of the public hearing, which shall be held before or during the certification hearing. If two or more local governments within one county request a public hearing, the hearing shall be consolidated so that only one public hearing is held in any county. The location of a consolidated hearing shall be determined by the administrative law judge.

4. Propose an alternate corridor no later than 45 days prior to the date of the original Certification Hearing, in accordance with 403.5271, Florida Statutes.  By making such a filing, you may need to retain legal counsel as you are seeking to become a “party” to the case as defined in 403.527(2)(c)3.  Further, timely filings with the Division of Administrative Hearings (DOAH) will be required.  If you propose an alternate corridor, you must  comply with all of the requirements within 403.5271, Florida Statutes, as well as the public notice requirement s of 403.5363(2) and the rule requirements and fees within (62-17.510 - 62-17.760), Florida Administrative Code.

5. Become a party to the Certification Hearing by filing to do so at least 30 days before the start of the certification hearing if you are a substantially affected person. You would do this by filing a ‘petition’ with the Division of Administrative Hearings.  Note that “substantially affected” is not defined in the Administrative Procedure Act, thus you may need to retain legal counsel as you are seeking to become a “party” to the case as defined in 403.527(2)(c)3.  Further, the petition will require a timely filing with the Division of Administrative Hearings (DOAH). You may look at other cases to determine the format to follow however. Click on ‘DOAH Docket’ for other similar cases.

6. Attend the Certification Hearing if held.  Unless all “parties” stipulate otherwise, one Certification Hearing will be held (by a DOAH Hearing Officer, also known as an Administrative Law Judge) in the general area of the transmission line.  Any citizen may attend the Certification Hearing and provide comments, written or oral, at the discretion of the Hearing Officer. If the Hearing Officer considers such communication, all parties are given an opportunity to cross-examine, challenge or rebut such communication.

7. Attend the Siting Board (Governor and Cabinet) meeting regarding Certification, if held.  A Siting Board meeting regarding Certification will be held if a Certification Hearing was held as per 6) above.  These meetings are held at the Capitol building in Tallahassee, and the Siting Board may allow public comments.  However, the issues that may be raised in any hearing before the board shall be limited to those matters raised in the certification proceeding before the administrative law judge or raised in the recommended order as per 403.529(2).

8. Challenge the Siting Board’s Final Order, within 30 days if you are a party.  Any party to the proceeding has the right to seek judicial review of the Final Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal.