DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF RECEIPT OF LAND USE DETERMINATION
On November 5, 2015 and November 6, 2015 the Department of Environmental Protection received determinations from Okeechobee County and Indian River County respectively that the Florida Power & Light Company, Okeechobee Clean Energy Center Project, Power Plant Siting Application No. PA15-058, OGC Case No. 15-0607, DOAH Case No. 15-5540EPP, is consistent with existing local land use plans and zoning ordinances in Okeechobee and Indian River Counties pursuant to the Florida Electrical Power Plant Siting Act, Section 403.50665, F.S. Copies of the determinations of compliance are available for review in the Siting Coordination Office, Department of Environmental Protection, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, (850)717-9000. Pursuant to Section 403.50665(4), F.S., if any substantially affected person wishes to dispute Okeechobee or Indian River County’s determination that the proposed Okeechobee Clean Energy Center Project is consistent with the Counties’ existing land use plans and zoning ordinances, he or she must file a petition with the Department within 21 days after the publication of notice of the local government’s determination. If a hearing is requested, the provisions of Section 403.508(1), F.S., shall apply. Should a land use hearing be held, the notice of land use hearing will be published as per the provisions of Section 403.5115, F.S. Pursuant to Section 403.508(1), F.S., the sole issue for determination at a land use hearing shall be whether or not the proposed site is consistent and in compliance with existing land use plans and zoning ordinances. If the administrative law judge concludes that the proposed site is not consistent or in compliance with existing land use plans and zoning ordinances, the administrative law judge shall receive at the hearing evidence on, and address in the recommended order, any changes to or approvals or variances under the applicable land use plans or zoning ordinances which will render the proposed site consistent and in compliance with the local land use plans and zoning ordinances. A person whose substantial interests are affected by the proposed determination of consistency may petition for an administrative hearing in accordance with Section 403.5066(4), F.S. The petition must be filed with the Department’s Agency Clerk in the Office of General Counsel of the Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, (850)245-2242, fax: (850)245-2298, agency_clerk@dep.state.fl.us. The petition should contain: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the determination; (c) A statement of how and when each petitioner received notice of the agency action or proposed action; (d) A statement of all disputed issues of material fact; If there are none, the petitioner shall so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the proposed action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the proposed action; and (g) A statement of the relief sought by the petitioner. A petition that does not dispute the material facts shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301, Florida Administrative Code.
