The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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F.S. 403.519

403.519 Exclusive forum for determination of need.—

(1) On request by an applicant or on its own motion, the commission shall begin a proceeding to determine the need for an electrical power plant subject to the Florida Electrical Power Plant Siting Act.

(2) The applicant shall publish a notice of the proceeding in a newspaper of general circulation in each county in which the proposed electrical power plant will be located. The notice shall be at least one-quarter of a page and published at least 21 days prior to the scheduled date for the proceeding. The commission shall publish notice of the proceeding in the manner specified by chapter 120 at least 21 days prior to the scheduled date for the proceeding.

(3) The commission shall be the sole forum for the determination of this matter, which accordingly shall not be raised in any other forum or in the review of proceedings in such other forum. In making its determination, the commission shall take into account the need for electric system reliability and integrity, the need for adequate electricity at a reasonable cost, the need for fuel diversity and supply reliability, whether the proposed plant is the most cost-effective alternative available, and whether renewable energy sources and technologies, as well as conservation measures, are utilized to the extent reasonably available. The commission shall also expressly consider the conservation measures taken by or reasonably available to the applicant or its members which might mitigate the need for the proposed plant and other matters within its jurisdiction which it deems relevant. The commission’s determination of need for an electrical power plant shall create a presumption of public need and necessity and shall serve as the commission’s report required by s. 403.507(4). An order entered pursuant to this section constitutes final agency action.

(4) In making its determination on a proposed electrical power plant using nuclear materials or synthesis gas produced by integrated gasification combined cycle power plant as fuel, the commission shall hold a hearing within 90 days after the filing of the petition to determine need and shall issue an order granting or denying the petition within 135 days after the date of the filing of the petition. The commission shall be the sole forum for the determination of this matter and the issues addressed in the petition, which accordingly shall not be reviewed in any other forum, or in the review of proceedings in such other forum. In making its determination to either grant or deny the petition, the commission shall consider the need for electric system reliability and integrity, including fuel diversity, the need for base-load generating capacity, the need for adequate electricity at a reasonable cost, and whether renewable energy sources and technologies, as well as conservation measures, are utilized to the extent reasonably available.

(a) The applicant’s petition shall include:

1. A description of the need for the generation capacity.

2. A description of how the proposed nuclear or integrated gasification combined cycle power plant will enhance the reliability of electric power production within the state by improving the balance of power plant fuel diversity and reducing Florida’s dependence on fuel oil and natural gas.

3. A description of and a nonbinding estimate of the cost of the nuclear or integrated gasification combined cycle power plant, including any costs associated with new, expanded, or relocated electrical transmission lines or facilities of any size that are necessary to serve the nuclear power plant.

4. The annualized base revenue requirement for the first 12 months of operation of the nuclear or integrated gasification combined cycle power plant.

5. Information on whether there were any discussions with any electric utilities regarding ownership of a portion of the nuclear or integrated gasification combined cycle power plant by such electric utilities.

(b) In making its determination, the commission shall take into account matters within its jurisdiction, which it deems relevant, including whether the nuclear or integrated gasification combined cycle power plant will:

1. Provide needed base-load capacity.

2. Enhance the reliability of electric power production within the state by improving the balance of power plant fuel diversity and reducing Florida’s dependence on fuel oil and natural gas.

3. Provide the most cost-effective source of power, taking into account the need to improve the balance of fuel diversity, reduce Florida’s dependence on fuel oil and natural gas, reduce air emission compliance costs, and contribute to the long-term stability and reliability of the electric grid.

(c) No provision of rule 25-22.082, Florida Administrative Code, shall be applicable to a nuclear or integrated gasification combined cycle power plant sited under this act, including provisions for cost recovery, and an applicant shall not otherwise be required to secure competitive proposals for power supply prior to making application under this act or receiving a determination of need from the commission.

(d) The commission’s determination of need for a nuclear or integrated gasification combined cycle power plant shall create a presumption of public need and necessity and shall serve as the commission’s report required by s. 403.507(4)(a). An order entered pursuant to this section constitutes final agency action. Any petition for reconsideration of a final order on a petition for need determination shall be filed within 5 days after the date of such order. The commission’s final order, including any order on reconsideration, shall be reviewable on appeal in the Florida Supreme Court. Inasmuch as delay in the determination of need will delay siting of a nuclear or integrated gasification combined cycle power plant or diminish the opportunity for savings to customers under the federal Energy Policy Act of 2005, the Supreme Court shall proceed to hear and determine the action as expeditiously as practicable and give the action precedence over matters not accorded similar precedence by law.

(e) After a petition for determination of need for a nuclear or integrated gasification combined cycle power plant has been granted, the right of a utility to recover any costs incurred prior to commercial operation, including, but not limited to, costs associated with the siting, design, licensing, or construction of the plant and new, expanded, or relocated electrical transmission lines or facilities of any size that are necessary to serve the nuclear power plant, shall not be subject to challenge unless and only to the extent the commission finds, based on a preponderance of the evidence adduced at a hearing before the commission under s. 120.57, that certain costs were imprudently incurred. Proceeding with the construction of the nuclear or integrated gasification combined cycle power plant following an order by the commission approving the need for the nuclear or integrated gasification combined cycle power plant under this act shall not constitute or be evidence of imprudence. Imprudence shall not include any cost increases due to events beyond the utility’s control. Further, a utility’s right to recover costs associated with a nuclear or integrated gasification combined cycle power plant may not be raised in any other forum or in the review of proceedings in such other forum. Costs incurred prior to commercial operation shall be recovered pursuant to chapter 366.

History.—s. 5, ch. 80-65; s. 24, ch. 90-331; s. 43, ch. 2006-230; s. 3, ch. 2007-117; s. 85, ch. 2008-227.

F.S. 403.519 on Google Scholar

F.S. 403.519 on Casetext

Amendments to 403.519

Arrestable Offenses / Crimes under Fla. Stat. 403.519

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.519.

Annotations, Discussions, Cases:

Cases from cite.case.law:

B. NEWTON, v. DUKE ENERGY FLORIDA, LLC, a a, 895 F.3d 1270 (11th Cir. 2018)

. . . Plaintiffs"), claim that two provisions of the Act which authorize the NCRS, Florida Statutes §§ 366.93 and 403.519 . . .

MIAMI- DADE COUNTY, v. In FLORIDA POWER LIGHT CO., 208 So. 3d 111 (Fla. Dist. Ct. App. 2016)

. . . natural resources of the state. (3) To meet the need for electrical energy as established pursuant to s. 403.519 . . . fashion. e) Effect a reasonable balance between the need for the facility as established pursuant to s. 403.519 . . .

M. SMALLEY, a v. DUKE ENERGY FLORIDA, INC. a d b a Co., 154 So. 3d 439 (Fla. Dist. Ct. App. 2014)

. . . Utilities), brought suit against the Utilities challenging the constitutionality of sections 366.93 and 403.519 . . . In 2006, the Legislature enacted section 366.93, Florida Statutes, and amended section 403.519, Florida . . . In that count the appellants allege that sections 366.93 and 403.519 are facially unconstitutional under . . . The applicable version of section 403.519(4)(e), Florida Statutes (2012), provides in pertinent part: . . .

SOUTHERN ALLIANCE FOR CLEAN ENERGY, v. GRAHAM,, 113 So. 3d 742 (Fla. 2013)

. . . Specifically, the Legislature added section 403.519(4)(e), Florida Statutes (2006), to provide that [ . . . that “[ijmprudence shall not include any cost increases due to events beyond the utility’s control.” § 403.519 . . . at a hearing before the commission under s. 120.57, that certain costs were imprudently incurred. § 403.519 . . .

SEMINOLE ELECTRIC COOPERATIVE, INC. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 985 So. 2d 615 (Fla. Dist. Ct. App. 2008)

. . . (e) Effect a reasonable balance between the need for the facility as established pursuant to s. 403.519 . . .

PANDA ENERGY INTERNATIONAL, v. E. JACOBS, Jr., 813 So. 2d 46 (Fla. 2002)

. . . August 7, 2000, FPC filed its petition for determination of need with the PSC, pursuant to section 403.519 . . . Section 403.519, Florida Statutes (2000), sets forth the criteria the PSC must consider in conducting . . . Section 403.519 provides, in pertinent part: In making its determination, the commission shall take into . . . Panda contends, however, that this Court clarified this “need” standard set forth in section 403.519 . . . Consequently, we conclude that the PSC properly applied the criteria contained in section 403.519 in . . .

TAMPA ELECTRIC CO. Co. v. GARCIA, Co. LLP., 767 So. 2d 428 (Fla. 2000)

. . . See § 403.519, Fla. Stat. (1997). . . . See § 403.519, Fla. Stat. (1997). . . . Appellants contend that section 403.519, Florida Statutes, from its initial adoption in 1980 through . . . Only an “applicant” can request a determination of need under section 403.519. . . . Stat. (1997). . §§ 366.80-.85, 403.519, Fla. Stat. (1997). . . . .

LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC. v. F. CLARK, J. L. K., 668 So. 2d 982 (Fla. 1996)

. . . See §§ 366.80-366.85, 403.519, Fla.Stat. (1993); Fla.Admin.Code Ch. 25-17, Part I, “Conservation Goals . . .

NASSAU POWER CORPORATION, v. J. DEASON,, 641 So. 2d 396 (Fla. 1994)

. . . Section 403.519 requires the PSC to make specific findings for each electric generating facility proposed . . . The Commission’s construction of the term “applicant” as used in section 403.519 is consistent with the . . . Only an “applicant” can request a determination of need under section 403.519. . . . The Commission’s interpretation of section 403.519 also comports with this Court’s decision in Nassau . . . Because we cannot say that the Commission’s construction of section 403.519 is clearly unauthorized or . . .

FLORIDIANS FOR RESPONSIBLE UTILITY GROWTH, v. M. BEARD,, 621 So. 2d 410 (Fla. 1993)

. . . Company (TECO) filed a determination of need petition for a 220-megawatt IGCC unit pursuant to section 403.519 . . . Commission’s action and the fairness of the proceedings; and 3) the Commission misconstrued section 403.519 . . . Section 403.519, Florida Statutes (1991), states: In making its determination, the commission shall take . . . Commission stated: We believe that TECO’s petition satisfies the statutory requirements of section 403.519 . . . conclusions, the Commission made detailed findings of fact relative to the criteria found in section 403.519 . . .

NASSAU POWER CORPORATION, v. M. BEARD,, 601 So. 2d 1175 (Fla. 1992)

. . . Section 403.519 requires the PSC to make specific findings for each electric generating facility proposed . . . Section 403.519, Florida Statutes (1989), provides: On request by a utility or on its own motion, the . . . Section 403.519 was originally enacted as part of the Energy Efficiency and Conservation Act, chapter . . . We note that under section 403.519, the PSC is designated the “sole forum” for determination of need . . . The PSC’s interpretation is consistent with the overall directive of section 403.519 which requires, . . .

CITIZENS OF STATE OF FLORIDA, v. McK. WILSON,, 569 So. 2d 1268 (Fla. 1990)

. . . legislature enacted the Florida Energy Efficiency and Conservation Act (FEECA), sections 366.80-.85, 403.519 . . .

FLORIDA CHAPTER OF SIERRA CLUB, a v. ORLANDO UTILITIES COMMISSION,, 436 So. 2d 383 (Fla. Dist. Ct. App. 1983)

. . . would like to agree with him, I think there is a contrary, equally logical interpretation of section 403.519 . . . determination of need “shall be binding on all parties to any certification proceeding”, but section 403.519 . . . Section 403.519 was an amendment to the FEPPSA which was passed at the same time as the TLSA. . . . But it did not so provide in section 403.519 of the FEPPSA. . . . That section provides as follows: 403.519. . . . Section 403.519 was not part of the initial FEPPSA, but was added in 1980, as part of the Florida Energy . . . No Florida court has interpreted section 403.519, but the language therein, as well as the' language . . . The OUC objected to this testimony under section 403.519, citing it as evidence of need, a matter proper . . . Section 403.519 specifically provides for the PSC to “expressly consider the conservation measures taken . . .