Florida Statutes 377.708 – Wind energy
Current as of: 2024 | Check for updates
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(1) DEFINITIONS.–As used in this section, the term:
(a) “Coastline” means the established line of mean high water.
Terms Used In Florida Statutes 377.708
- 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.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) “Department” means the Department of Environmental Protection.
(c) “Offshore wind energy facility” means any wind energy facility located on waters of this state, including other buildings, structures, vessels, or electrical transmission cabling to be sited on waters of this state, or connected to corresponding onshore substations that are used to support the operation of one or more wind turbines sited or constructed on waters of this state and any submerged lands or territorial waters that are not under the jurisdiction of the state.
(d) “Real property” has the same meaning as provided in s. 192.001(12).
(e) “Vessel” has the same meaning as provided in s. 327.02.
(f) “Waters of this state” has the same meaning as provided in s. 327.02, except the term also includes all state submerged lands.
(g) “Wind energy facility” means an electrical wind generation facility or expansion thereof comprised of one or more wind turbines and including substations; meteorological data towers; aboveground, underground, and electrical transmission lines; and transformers, control systems, and other buildings or structures under common ownership or operating control used to support the operation of the facility the primary purpose of which is to offer electricity supply for sale.
(h) “Wind turbine” means a device or apparatus that has the capability to convert kinetic wind energy into rotational energy that drives an electrical generator, consisting of a tower body and rotator with two or more blades and capable of producing more than 10 kilowatts of electrical power. The term includes both horizontal and vertical axis turbines. The term does not include devices used to measure wind speed and direction, such as an anemometer.
(2) PROHIBITED ACTIVITIES; EXCEPTIONS.–
(a) Construction or expansion of the following is prohibited:
1. An offshore wind energy facility.
2. A wind turbine or wind energy facility on real property within 1 mile of coastline in this state.
3. A wind turbine or wind energy facility on real property within 1 mile of the Atlantic Intracoastal Waterway or Gulf Intracoastal Waterway.
4. A wind turbine or wind energy facility on waters of this state and any submerged lands.
(b) This subsection does not prohibit:
1. Affixation of a wind turbine directly to a vessel solely for the purpose of providing power to electronic equipment located onboard the vessel.
2. Operation of a wind turbine installed before July 1, 2024.
(3) REVIEW.–The department shall review all applications for federal wind energy leases in the territorial waters of the United States adjacent to waters of this state and shall signify its approval of or objection to each application.
(4) INJUNCTIVE RELIEF.–The department may bring an action for injunctive relief against any person who constructs or expands an offshore wind energy facility or a wind turbine in this state in violation of this section.