reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.9322 - Legislative findings.

403.9322 Legislative findings.—
(1) The Legislature finds that there are over 555,000 acres of mangroves now existing in Florida. Of this total, over 80 percent are under some form of government or private ownership or control and are expressly set aside for preservation or conservation purposes.
(2) The Legislature finds that mangroves play an important ecological role as habitat for various species of marine and estuarine vertebrates, invertebrates, and other wildlife, including mammals, birds, and reptiles; as shoreline stabilization and storm protection; and for water quality protection and maintenance and as food-web support. The mangrove forest is a tropical ecosystem that provides nursery support to the sports and commercial fisheries. Through a combination of functions, mangroves contribute to the economies of many coastal counties in the state.
(3) The Legislature finds that many areas of mangroves occur as narrow riparian mangrove fringes that do not provide all the functions of mangrove forests or provide such functions to a lesser degree.
(4) The Legislature finds that scientific studies have shown that mangroves are amenable to standard horticultural treatments and that waterfront property owners can live in harmony with mangroves by incorporating such treatments into their landscaping systems.
(5) The Legislature finds that the trimming of mangroves by professional mangrove trimmers has a significant potential to maintain the beneficial attributes of mangrove resources and that professional mangrove trimmers should be authorized to conduct mangrove trimming, under certain circumstances, without prior government authorization.
History.—s. 2, ch. 95-299; s. 1, ch. 96-206.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.9323 - Legislative intent.

403.9323 Legislative intent.—
(1) It is the intent of the Legislature to protect and preserve mangrove resources valuable to our environment and economy from unregulated removal, defoliation, and destruction.
(2) It is the intent of the Legislature that no trimming or alteration of mangroves may be permitted on uninhabited islands which are publicly owned or on lands set aside for conservation and preservation, or mitigation, except where necessary to protect the public health, safety, and welfare, or to enhance public use of, or access to, conservation areas in accordance with approved management plans.
(3) It is the intent of the Legislature to provide waterfront property owners their riparian right of view, and other rights of riparian property ownership as recognized by s. 253.141 and any other provision of law, by allowing mangrove trimming in riparian mangrove fringes without prior government approval when the trimming activities will not result in the removal, defoliation, or destruction of the mangroves.
(4) It is the intent of the Legislature that ss. 403.9321-403.9333 shall be administered so as to encourage waterfront property owners to voluntarily maintain mangroves, encourage mangrove growth, and plant mangroves along their shorelines.
(5) It is the intent of the Legislature that all trimming of mangroves pursuant to this act conducted on parcels having multifamily residential units result in an equitable distribution of the riparian rights provided herein.
(6) It is the intent of the Legislature to grandfather certain historically established mangrove maintenance activities.
History.—s. 3, ch. 95-299; s. 2, ch. 96-206.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.93271 - Applicability to multifamily residential units.

403.93271 Applicability to multifamily residential units.—
(1) When trimming under s. 403.9327(1)(a) occurs on property developed for multifamily residential use, the 65-percent shoreline trimming limit must be equitably distributed so that each owner’s riparian view is similarly affected.
(2) If it is necessary to trim more than 65 percent of the mangroves along the shoreline in order to provide a water view from each unit, the department or delegated local government may authorize a greater percentage of trimming under s. 403.9327(1)(a). This subsection applies only to property on which multifamily residential units exist as of June 1, 1996.
History.—s. 7, ch. 96-206.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.9328 - Alteration and trimming of mangroves; permit requirement.

403.9328 Alteration and trimming of mangroves; permit requirement.—
(1) A person may not alter or trim, or cause to be altered or trimmed, any mangrove within the landward extent of wetlands and other surface waters, as defined in chapter 62-340.200(19), Florida Administrative Code, using the methodology in s. 373.4211 and chapter 62-340, Florida Administrative Code, when the trimming does not meet the criteria in s. 403.9326 or s. 403.9327 except under a permit issued under this section by the department or a delegated local government or as otherwise provided by ss. 403.9321-403.9333. Any violation of ss. 403.9321-403.9333 is presumed to have occurred with the knowledge and consent of any owner, trustee, or other person who directly or indirectly has charge, control, or management, either exclusively or with others, of the property upon which the violation occurs. However, this presumption may be rebutted by competent, substantial evidence that the violation was not authorized by the owner, trustee, or other person.
(2)(a) The department, when deciding to issue or deny a permit for mangrove alteration or trimming under this section, shall use the criteria in s. 373.414(1) and (8). If the applicant is unable to meet these criteria, the department and the applicant shall first consider measures to reduce or eliminate the unpermittable impacts. If unpermittable impacts still remain, the applicant may propose, and the department shall consider, measures to mitigate the otherwise unpermittable impacts. A request for a permit to alter mangroves must be submitted in writing with sufficient specificity to enable the department to determine the scope and impacts of the proposed alteration activities.
(b) The department shall issue or deny a permit for mangrove alteration in accordance with chapter 120 and s. 403.0876.
(3) The use of herbicides or other chemicals for the purposes of removing leaves from a mangrove is strictly prohibited.
(4) If a local government receives delegation of the department’s authority to regulate mangroves, the delegated local government shall issue permits for mangrove trimming when the trimming does not meet the criteria in s. 403.9326 or for mangrove alteration in lieu of a departmental permit. A delegated local government may impose stricter substantive standards than those of the department for the issuance of a permit authorized by this section but may not prohibit all mangrove trimming.
(5) A permit is not required under ss. 403.9321-403.9333 to trim or alter mangroves if the trimming or alteration is part of an activity that is exempt under s. 403.813 or is permitted under part IV of chapter 373. The procedures for permitting under part IV of chapter 373 will control in those instances.
History.—s. 8, ch. 95-299; s. 8, ch. 96-206; s. 38, ch. 97-98.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.9331 - Applicability; rules and policies.

403.9331 Applicability; rules and policies.—
(1) The regulation of mangrove protection under ss. 403.9321-403.9333 is intended to be complete and effective without reference to or compliance with other statutory provisions.
(2) Any rule or policy applicable to permits provided for by s. 403.9327 or s. 403.9328 which establishes a standard applicable to mangrove trimming or alteration is invalid unless a scientific basis for the rule or policy is established. Such rules or policies shall not receive a presumption of validity in any administrative or judicial proceeding for review. Any such rule or policy must be demonstrated to substantially advance a fundamental purpose of the statute cited as authority for the rule or policy or shall be invalid.
History.—s. 10, ch. 95-299.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.9333 - Variance relief.

403.9333 Variance relief.—Upon application, the department or delegated local government may grant a variance from the provisions of ss. 403.9321-403.9333 if compliance therewith would impose a unique and unnecessary hardship on the owner or any other person in control of the affected property. Relief may be granted upon demonstration that such hardship is not self-imposed and that the grant of the variance will be consistent with the general intent and purpose of ss. 403.9321-403.9333. The department or delegated local government may grant variances as it deems appropriate.
History.—s. 55, ch. 84-338; s. 44, ch. 93-213; s. 12, ch. 95-299.
Note.—Former s. 403.938.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.9334 - Effect of ch. 96-206.

403.9334 Effect of ch. 96-206.—Nothing in chapter 96-206, Laws of Florida, shall invalidate any permit or order related to mangrove activities which has been approved by the department or any other governmental entity, nor shall it affect any application for permits related to mangrove activities deemed sufficient and substantially complete prior to July 1, 1996.
History.—s. 11, ch. 96-206.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.9335 - Short title.

403.9335 Short title.—Sections 403.9335-403.9338 may be cited as the “Protection of Urban and Residential Environments and Water Act.”
History.—s. 2, ch. 2009-199.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.9336 - Legislative findings.

403.9336 Legislative findings.—The Legislature finds that the implementation of the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes (2008), which was developed by the department in conjunction with the Consumer Fertilizer Task Force, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, will assist in protecting the quality of Florida’s surface water and groundwater resources. The Legislature further finds that local conditions, including variations in the types and quality of water bodies, site-specific soils and geology, and urban or rural densities and characteristics, may necessitate the implementation of additional or more stringent fertilizer management practices at the local government level.
History.—s. 3, ch. 2009-199; s. 87, ch. 2010-5.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.9337 - Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes.

403.9337 Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes.—
(1) All county and municipal governments are encouraged to adopt and enforce the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes or an equivalent requirement as a mechanism for protecting local surface and groundwater quality.
(2) Each county and municipal government located within the watershed of a water body or water segment that is listed as impaired by nutrients pursuant to s. 403.067, shall, at a minimum, adopt the department’s Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes. A local government may adopt additional or more stringent standards than the model ordinance if the following criteria are met:
(a) The local government has demonstrated, as part of a comprehensive program to address nonpoint sources of nutrient pollution which is science-based, and economically and technically feasible, that additional or more stringent standards than the model ordinance are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to a water body.
(b) The local government documents that it has considered all relevant scientific information, including input from the department, the institute, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, if provided, on the need for additional or more stringent provisions to address fertilizer use as a contributor to water quality degradation. All documentation must become part of the public record before adoption of the additional or more stringent criteria.
(3) Any county or municipal government that adopted its own fertilizer use ordinance before January 1, 2009, is exempt from this section. Ordinances adopted or amended on or after January 1, 2009, must substantively conform to the most recent version of the model fertilizer ordinance and are subject to subsections (1) and (2), as applicable.
(4) This section does not apply to the use of fertilizer on farm operations as defined in s. 823.14 or on lands classified as agricultural lands pursuant to s. 193.461.
History.—s. 4, ch. 2009-199; s. 16, ch. 2012-83; s. 8, ch. 2021-7.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.9338 - Training.

403.9338 Training.—
(1) The department, in cooperation with the Institute of Food and Agricultural Sciences, shall:
(a) Provide training and testing programs in urban landscape best management practices and may issue certificates demonstrating satisfactory completion of the training.
(b) Approve training and testing programs that are equivalent to or more comprehensive than the training provided by the department under paragraph (a). Such programs must be reviewed and reapproved by the department if significant changes are made.
(2) After receiving a certificate demonstrating successful completion of a department or department-approved training program under this section, a person may apply to the Department of Agriculture and Consumer Services to receive a limited certification for urban landscape commercial fertilizer application under s. 482.1562. A person possessing such certification is not subject to additional local testing.
History.—s. 5, ch. 2009-199; s. 96, ch. 2014-17.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.9339 - Golf course best management practices certification.

403.9339 Golf course best management practices certification.—
(1) To provide a means of documenting and ensuring compliance with best management practices for fertilizer application to golf courses, the turfgrass science program at the University of Florida Institute of Food and Agricultural Sciences, in coordination with the department, shall administer a certification for golf course best management practices.
(2) The turfgrass science program, in cooperation with the department, shall:
(a) Provide training and testing programs in golf course best management practices and may issue certificates demonstrating satisfactory completion of the training.
(b) Approve training and testing programs in golf course best management practices that are equivalent to or more comprehensive than the programs provided by the turfgrass science program under paragraph (a). Such programs must be reviewed and reapproved by the turfgrass science program if significant changes are made.
(3) To obtain a golf course best management practices certification, an applicant must submit to the turfgrass science program a copy of the training certificate issued under subsection (2).
(4) A golf course best management practices certification issued under this section expires 4 years after the date of issuance. Upon expiration of the certification, or after a grace period of not more than 30 days after the expiration date, a recertification may be issued.
(5) To obtain a golf course best management practices recertification, an applicant must submit to the turfgrass science program proof of having completed 8 classroom hours of continuing education, of which at least 2 hours must address fertilizer best management practices.
(6) A person certified under this section is exempt from:
(a) Additional local training.
(b) Local ordinances relating to water and fertilizer use blackout periods or restrictions, unless a state of emergency is declared. The certified person must continue to coordinate with the local government to ensure that he or she adheres to the comprehensive best management practices for that specific community.
(7) This section does not exempt a person certified under this section from complying with the rules and requirements for basin management action plans set forth in s. 403.067(7) if the golf course is located in an area within a basin management action plan.
(8)(a) The turfgrass science program may provide the certification status of persons certified under this section to local and state governmental entities.
(b) The turfgrass science program is encouraged to create a registry of persons certified under this section on its website.
History.—s. 1, ch. 2022-202.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9401 - Short title.

403.9401 Short title.—Sections 403.9401-403.9425 may be cited as the “Natural Gas Transmission Pipeline Siting Act.”
History.—s. 1, ch. 92-284.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9402 - Legislative intent.

403.9402 Legislative intent.—It is the Legislature’s intent by adoption of ss. 403.9401-403.9425 to establish a centralized and coordinated permitting process for the location of natural gas transmission pipeline corridors and the construction and maintenance of natural gas transmission pipelines, which necessarily involves several broad interests of the public addressed through the subject matter jurisdiction of several agencies. Recognizing the need to ensure natural gas delivery reliability, safety, and integrity, and in order to meet natural gas energy needs in an orderly and timely fashion, the centralized and coordinated permitting process established by ss. 403.9401-403.9425 is intended to further the legislative goal of ensuring, through available and reasonable methods, that the location of natural gas transmission pipelines produce minimal adverse effect on the environment and public health, safety, and welfare. It is the intent of ss. 403.9401-403.9425 to fully balance the need for natural gas supplies with the broad interests of the public in order to effect a reasonable balance between the need for the natural gas transmission pipeline as a means of providing abundant clean-burning natural gas and the impact on the public and the environment resulting from the location of the natural gas transmission pipeline corridor and the construction and maintenance of the natural gas transmission pipelines. The Legislature intends that the provisions of chapter 120 apply to ss. 403.9401-403.9425 and to proceedings pursuant to those sections except as otherwise expressly exempted by other provisions of ss. 403.9401-403.9425. It is not the intent of this legislation that the natural gas transmission pipeline certification process prevent, delay, or prohibit the issuance of government permits by the appropriate agencies necessary to locate or construct other natural gas pipelines regulated by the state, pipelines regulated by the Federal Energy Regulatory Commission, and natural gas distribution companies, provided all applicable agency permit requirements are met. Nothing in ss. 403.9401-403.9425 shall be deemed to supersede the department’s authority to administer federally delegated or approved permit programs in accordance with the terms of such programs.
History.—s. 1, ch. 92-284; s. 11, ch. 94-321.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9404 - Department of Environmental Protection; powers and duties.

403.9404 Department of Environmental Protection; powers and duties.—The Department of Environmental Protection shall have the following powers and duties:
(1) To adopt procedural rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of ss. 403.9401-403.9425 and to adopt rules to implement the provisions of subsection (8).
(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 such data and studies shall be related to the jurisdiction of the agencies relevant to the application.
(3) To receive applications for natural gas transmission pipeline and corridor certifications and initially determine the completeness and sufficiency thereof.
(4) To make or contract for studies of certification applications. All such 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 such agency.
(5) To administer the processing of applications for certification and ensure that the applications are processed as expeditiously as possible.
(6) To require such fees as allowed by ss. 403.9401-403.9425.
(7) To prepare a report and written analysis as required by s. 403.941.
(8) To prescribe the means for monitoring the effects arising from the construction, operation, and maintenance of the natural gas transmission pipelines to assure continued compliance with the terms of the certification.
(9) To make a determination of acceptability of any alternate corridor proposed for consideration pursuant to s. 403.9412.
(10) To act as clerk for the board.
(11) To enforce compliance with the provisions of ss. 403.9401-403.9425.
(12) To function as staff to the board, when appropriate.
History.—s. 1, ch. 92-284; s. 432, ch. 94-356; s. 109, ch. 98-200.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9405 - Applicability; certification; exemption; notice of intent.

403.9405 Applicability; certification; exemption; notice of intent.—
(1) The provisions of ss. 403.9401-403.9425 apply to each natural gas transmission pipeline, except as provided in subsection (2).
(2) No construction of a natural gas transmission pipeline may be undertaken after October 1, 1992, without first obtaining certification under ss. 403.9401-403.9425, but these sections do not apply to:
(a) Natural gas transmission pipelines which are less than 15 miles in length or which do not cross a county line, unless the applicant has elected to apply for certification under ss. 403.9401-403.9425.
(b) Natural gas transmission pipelines for which a certificate of public convenience and necessity has been issued under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a natural gas transmission pipeline certified as an associated facility to an electrical power plant pursuant to the Florida Electrical Power Plant Siting Act, ss. 403.501-403.518, unless the applicant elects to apply for certification of that pipeline under ss. 403.9401-403.9425.
(c) Natural gas transmission pipelines that are owned or operated by a municipality or any agency thereof, by any person primarily for the local distribution of natural gas, or by a special district created by special act to distribute natural gas, unless the applicant elects to apply for certification of that pipeline under ss. 403.9401-403.9425.
(3) Except as otherwise provided in this section, the exemption of a natural gas transmission pipeline under ss. 403.9401-403.9425 does not constitute an exemption for the natural gas transmission pipeline from other applicable permitting processes under other provisions of law or local government ordinances.
(4) All natural gas transmission pipeline companies except those engaged in activities pursuant to paragraph (2)(c) shall notify the department in writing, prior to the start of construction, of their intent to construct a natural gas transmission pipeline exempted pursuant to this section. Such notice shall be only for information purposes, and no action by the department shall be required pursuant to such notice.
(5) No natural gas transmission pipeline certified pursuant to ss. 403.9401-403.9425 shall be used for the transport of any substance other than natural gas.
History.—s. 1, ch. 92-284.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.94055 - Application contents; corridor requirements.

403.94055 Application contents; corridor requirements.—
(1) A natural gas transmission pipeline company may file an application encompassing all or a part of one or more proposed pipelines. The beginning and ending points of a pipeline must be specified in the application and must be verified by the commission in its determination of need. The application must include all structures and maintenance and access roads required to be constructed. The applicant may include metering and compressor stations and other facilities directly related to the transportation of natural gas which will serve the pipeline.
(2) The width of the corridor may be the width of the pipeline right-of-way or wider, but may not exceed 1/3 mile. After the property interests required for the pipeline right-of-way have been acquired by the applicant, the boundaries of the corridor shall be narrowed to include only that land within pipeline right-of-way. The corridor must be specified in the application, in amendments to the application filed pursuant to s. 403.9413, and in notices of acceptance of alternate corridors filed by an applicant and the department pursuant to s. 403.9412.
History.—s. 1, ch. 92-284.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9406 - Appointment of an administrative law judge.

403.9406 Appointment of an administrative law judge.—Within 7 days after receipt of an application, whether complete or not, the department shall request the Division of Administrative Hearings to designate an administrative law judge to conduct the hearings required by ss. 403.9401-403.9425. The division director shall designate an administrative law judge to conduct the hearings required by ss. 403.9401-403.9425 within 7 days after receipt of the request from the department. Whenever practicable, the division director shall assign an administrative law judge who has had prior experience or training in the certification of linear facilities. Upon being advised that an administrative law judge has been designated, the department shall immediately file a copy of the application and all supporting documents with the administrative law judge who shall docket the application.
History.—s. 1, ch. 92-284; s. 171, ch. 96-410.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9407 - Distribution of application; schedules.

403.9407 Distribution of application; schedules.—
(1) Within 7 days after the filing of an application, the department shall provide the applicant and the Division of Administrative Hearings the names and addresses of those affected or other agencies entitled to notice and copies of the application and any amendments.
(2) Within 7 days after completeness has been determined, the department shall prepare a schedule of dates for submission of statements of issues, determination of sufficiency, and submittal of final reports from affected and other agencies and other significant dates to be followed during the certification process, including dates for filing notices of appearance to be a party pursuant to s. 403.9411(4). This schedule shall be provided by the department to the applicant, the administrative law judge, and the agencies identified pursuant to subsection (1).
(3) Within 7 days after completeness has been determined, the applicant shall distribute copies of the application to all agencies identified by the department pursuant to subsection (1). Copies of changes and amendments to the application shall be timely distributed by the applicant to all agencies and parties who have received a copy of the application.
History.—s. 1, ch. 92-284; s. 172, ch. 96-410.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9408 - Determination of completeness.

403.9408 Determination of completeness.—Within 15 days after receipt of an application, the department shall file a statement with the Division of Administrative Hearings and with the applicant declaring its position with regard to the completeness, not the sufficiency, of the application.
(1) If the department declares the application to be incomplete, the applicant, within 15 days after the filing of the statement by the department, shall file with the Division of Administrative Hearings and with the department a statement:
(a) Agreeing with the statement of the department and withdrawing the application;
(b) Agreeing with the statement of the department and agreeing to amend the application without withdrawing it. The time schedules referencing a complete application under ss. 403.9401-403.9425 shall not commence until the application is determined complete; or
(c) Contesting the statement of the department.
(2) If the applicant contests the determination by the department that an application is incomplete, the administrative law judge shall schedule a hearing on the statement of completeness. The hearing shall be held as expeditiously as possible, but not later than 30 days after the filing of the statement by the department. The administrative law judge shall render a decision within 10 days after the hearing.
(a) If the administrative law judge determines that the application was not complete as filed, the applicant shall withdraw the application or make such additional submittals as necessary to complete it. The time schedules referencing a complete application under ss. 403.9401-403.9425 shall not commence until the application is determined complete.
(b) If the administrative law judge determines that the application was complete at the time it was filed, the time schedules referencing a complete application under ss. 403.9401-403.9425 shall commence upon such determination.
History.—s. 1, ch. 92-284; s. 173, ch. 96-410.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9409 - Determination of sufficiency.

403.9409 Determination of sufficiency.—Within 45 days after the distribution of the complete application or amendment, the department shall file a statement with the Division of Administrative Hearings and with the applicant declaring its position with regard to the sufficiency of the application or amendment. The department’s statement shall be based upon consultation with the affected agencies, which shall submit to the department recommendations on the sufficiency of the application within 30 days after distribution of the complete application.
(1) If the department declares the application or amendment insufficient, the applicant may:
(a) Withdraw the application or amendment;
(b) File additional information necessary to make the application or amendment sufficient; or
(c) Contest the notice of insufficiency by filing a request for hearing with the administrative law judge within 15 days after the filing of the statement of insufficiency. If a hearing is requested by the applicant, all time schedules under ss. 403.9401-403.9425 shall be tolled as of the date of the department’s statement of insufficiency, pending the administrative law judge’s decision concerning the dispute. A hearing shall be held no later than 30 days after the filing of the statement by the department, and a decision shall be rendered within 10 days after the hearing, unless otherwise agreed by the department and the applicant.
(2)(a) If the administrative law judge determines, contrary to the department, that an application or amendment is sufficient, all time schedules under ss. 403.9401-403.9425 shall resume as of the date of the administrative law judge’s determination.
(b) If the administrative law judge agrees that the application is insufficient, all time schedules under ss. 403.9401-403.9425 shall remain tolled until the applicant files additional information and the application or amendment is determined sufficient by the department or the administrative law judge.
(3) If, within 30 days after receipt of the additional information submitted pursuant to paragraph (1)(b), or paragraph (2)(b), based upon the recommendations of the affected agencies, the department determines that the additional information supplied by an applicant does not render the application or amendment sufficient, the applicant may exercise any of the options specified in subsection (1) as often as may be necessary to resolve the matter.
History.—s. 1, ch. 92-284; s. 174, ch. 96-410.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9413 - Amendment to the application.

403.9413 Amendment to the application.—
(1) Any amendment made to the application shall be sent by the applicant to the administrative law judge and to all parties to the proceeding.
(2) Any amendment to the application made prior to certification shall be disposed of as part of the original certification proceeding. Amendment of the application may be considered good cause for alteration of time limits pursuant to s. 403.9414.
History.—s. 1, ch. 92-284; s. 178, ch. 96-410.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9414 - Alteration of time limits.

403.9414 Alteration of time limits.—Any time limitation in ss. 403.9401-403.9425 may be altered by the administrative law judge upon stipulation between the department and the applicant unless objected to by any party within 5 days after notice or for good cause shown.
History.—s. 1, ch. 92-284; s. 179, ch. 96-410.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9417 - Recording of notice of certified corridor route.

403.9417 Recording of notice of certified corridor route.—Within 60 days after certification of a natural gas transmission pipeline corridor pursuant to ss. 403.9401-403.9425, the applicant shall file, in accordance with s. 28.222, with the clerk of the circuit court for each county through which the corridor will pass, a notice of the certified route. The notice shall consist of maps or aerial photographs in the scale of 1:24,000 which clearly show the location of the certified route and shall state that the certification of the corridor will result in the acquisition of rights-of-way within the corridor. Each clerk shall record the filing in the official record of the county for the duration of the certification or until such time as the applicant certifies to the clerk that all lands required for the natural gas transmission pipeline rights-of-way within the corridor have been acquired within such county, whichever is sooner. The recording of this notice shall not constitute a lien, cloud, or encumbrance on real property.
History.—s. 1, ch. 92-284.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9418 - Modification of certification.

403.9418 Modification of certification.—
(1) A certification may be modified after issuance in any one of the following ways:
(a) The board may delegate to the department the authority to modify specific conditions in the certification.
(b) The department may modify the terms and conditions of the certification if no party objects in writing to such modification within 45 days after notice by mail to the last address of record in the certification proceeding, and, if no other person whose substantial interests will be affected by the modification objects in writing within 30 days after issuance of public notice. If objections are raised, the applicant or department may file a petition for modification with the department and the Division of Administrative Hearings setting forth:
1. The proposed modification.
2. The factual reasons asserted for the modification.
3. The anticipated additional environmental effects of the proposed modification.
(2) Petitions filed pursuant to paragraph (1)(b) shall be disposed of in the same manner as an application but within the times established by the administrative law judge commensurate with the significance of the modification requested.
(3) In the event that any of the terms and conditions of any permit issued pursuant to a federally delegated or approved permit program are modified under the requirements of the program and the modified permit conflicts with the terms and conditions of the site certification, the terms and conditions of the permit shall control and the site certification shall be deemed modified to incorporate the permit requirements.
History.—s. 1, ch. 92-284; s. 14, ch. 94-321; s. 181, ch. 96-410.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9419 - Enforcement of compliance.

403.9419 Enforcement of compliance.—Failure to obtain a certification, to comply with the conditions of certification, or to comply with ss. 403.9401-403.9425 shall constitute a violation of this chapter. The department shall enforce compliance with the conditions of certification issued under ss. 403.9401-403.9425, in accordance with the provisions of ss. 403.061 and 403.121.
History.—s. 1, ch. 92-284.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.942 - Superseded laws, regulations, and certification power.

403.942 Superseded laws, regulations, and certification power.—
(1) Except for those provisions related to or rules adopted pursuant to a federally delegated or approved permit program, including ss. 403.0872 and 403.0885, if any provision of ss. 403.9401-403.9425 is in conflict with any other provision, limitation, or restriction under any law, rule, regulation, or ordinance of this state or any political subdivision, municipality, or agency, ss. 403.9401-403.9425 shall control and such law, rule, regulation, or ordinance shall be deemed superseded.
(2) The state preempts the certification and regulation of natural gas transmission pipelines and natural gas transmission pipeline corridors subject to ss. 403.9401-403.9425.
History.—s. 1, ch. 92-284; s. 15, ch. 94-321; s. 27, ch. 2015-4.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9422 - Determination of need for natural gas transmission pipeline; powers and duties.

403.9422 Determination of need for natural gas transmission pipeline; powers and duties.—
(1)(a) Upon request by an applicant or upon its own motion, the commission shall schedule a public hearing, after notice, to determine the need for a natural gas transmission pipeline regulated by ss. 403.9401-403.9425. Such notice shall be published at least 45 days before the date set for the hearing and shall be published in at least one-quarter page size in newspapers of general circulation and in the Florida Administrative Register, by giving notice to counties and regional planning councils in whose jurisdiction the natural gas transmission pipeline could be placed, and by giving notice to any persons who have requested to be placed on the mailing list of the commission for this purpose. Within 21 days after receipt of a request for determination by an applicant, the commission shall set a date for the hearing. The hearing shall be held pursuant to s. 350.01 within 75 days after the filing of the request, and a decision shall be rendered within 90 days after such filing.
(b) In the determination of need, the commission shall take into account the need for natural gas delivery reliability, safety, and integrity; the need for abundant, clean-burning natural gas to assure the economic well-being of the public; the appropriate commencement and terminus of the line; and other matters within its jurisdiction deemed relevant to the determination of need.
(c) The commission shall be the sole forum for the determination of need. The determination by the commission of the need for the natural gas transmission pipeline is binding on all parties to any certification proceeding pursuant to ss. 403.9401-403.9425 and is a condition precedent to the conduct of the certification hearing prescribed therein. An order entered pursuant to this section constitutes final agency action.
(d) For pipelines regulated under the Natural Gas Act, 15 U.S.C. ss. 717f et seq., a certificate of public convenience and necessity under s. 7(c) of the Natural Gas Act is considered equivalent to the determination of need by the commission for all purposes under ss. 403.9401-403.9425, notwithstanding any provision in paragraph (c) to the contrary.
(2) The commission shall have the following powers and duties:
(a) To adopt or amend reasonable procedural rules to implement the provisions of this section.
(b) To prescribe the form, content, and necessary supporting documentation and the required studies for the determination of need.
(3) Any time limitation in this section may be altered by the commission upon stipulation between the commission and the applicant or for good cause shown by any party.
History.—s. 1, ch. 92-284; s. 45, ch. 2013-14.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9423 - Certification admissible in eminent domain proceedings; attorney’s fees and costs.

403.9423 Certification admissible in eminent domain proceedings; attorney’s fees and costs.—
(1) Certification pursuant to ss. 403.9401-403.9425 shall be admissible as evidence of public need and necessity in proceedings under chapter 73 or chapter 74.
(2) No party may rely on this section or any provision of chapter 73 or chapter 74 to request the award of attorney’s fees or costs incurred as a result of participation in the certification proceeding.
History.—s. 1, ch. 92-284.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9424 - Local governments; informational public meetings.

403.9424 Local governments; informational public meetings.—
(1) Local governments may hold informational public meetings in addition to the hearings specifically authorized by ss. 403.9401-403.9425 on any matter associated with the natural gas transmission pipeline siting proceeding. Such informational public meetings should be held no later than 80 days after the complete application is filed. The purpose of an informational public meeting is for the local government to further inform the public about the natural gas transmission pipeline proposed, obtain comments from the public, and formulate its recommendation with respect to the proposed natural gas transmission pipeline. Neither the meetings held nor the recommendations made by the local government pursuant to this section shall address the need for the pipeline.
(2) Informational public meetings shall be held solely at the option of each local government. It is the legislative intent that local governments attempt to hold such public meetings. Parties to the proceedings under ss. 403.9401-403.9425 shall be encouraged to attend; however, no party shall be required to attend such informational public meetings.
(3) The failure to hold an informational public meeting or the procedure used for the informational public meeting shall not be grounds for the alteration of any time limitation in ss. 403.9401-403.9425 pursuant to s. 403.9414 or grounds to deny or condition certification.
History.—s. 1, ch. 92-284.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425) › 403.9425 - Revocation or suspension of certification.

403.9425 Revocation or suspension of certification.—Any certification may be revoked or suspended:
(1) For any material false statement in the application or in the supplemental or additional statements of fact or studies required of the applicant when a true answer would have warranted the board’s refusal to recommend a certification in the first instance.
(2) For failure to comply with the terms or conditions of the certification.
(3) For violation of the provisions of ss. 403.9401-403.9425 or rules or orders issued thereunder.
History.—s. 1, ch. 92-284.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 404 - Radiation › 404.011 - Short Title.

404.011 Short title.—This chapter shall be known and may be cited as the “Florida Radiation Protection Act.”
History.—s. 1, ch. 78-373; s. 2, ch. 81-318; ss. 17, 18, ch. 84-190; s. 4, ch. 91-429.
Note.—Former s. 290.011.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 404 - Radiation › 404.022 - Declaration of Policy.

404.022 Declaration of policy.—It is the responsibility of the State of Florida, for protection of the public health and safety:
(1) To institute and maintain a program to permit development and utilization of sources of radiation for purposes consistent with the health and safety of the public.
(2) To prevent any associated harmful effects of radiation upon the public through the institution and maintenance of a regulatory program for all sources of radiation, providing for:
(a) A single effective system of regulation within the state.
(b) A system consonant with those of other states.
(c) Compatibility with the standards and regulatory programs of the Federal Government for byproduct, source, and special nuclear materials.
History.—s. 1, ch. 78-373; s. 2, ch. 81-318; ss. 17, 18, ch. 84-190; s. 4, ch. 91-429.
Note.—Former s. 290.021.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 404 - Radiation › 404.042 - Designation of State Radiation Protection Agency.

404.042 Designation of state radiation protection agency.—The department is hereby designated the state agency to administer a statewide radiation protection program consistent with the provisions of this chapter.
History.—s. 1, ch. 78-373; s. 2, ch. 81-318; ss. 4, 22, ch. 82-186; ss. 17, 18, ch. 84-190; s. 4, ch. 91-429.
Note.—Former s. 290.041.