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FLORIDA POWER & LIGHT CO. v. STATE

No. 96-1799.

693 So.2d 1025 (1997)

FLORIDA POWER & LIGHT CO., Appellant, v. STATE of Florida, Siting Board; Manatee County, Florida; Southwest Florida Water Management District; Manasota-88, Inc.; and Manatee County Save Our Bays Association, Inc., Appellee.

District Court of Appeal of Florida, First District.

May 14, 1997.

Attorney(s) appearing for the Case

Peter C. Cunningham; David L. Powell; Douglas S. Roberts; and Gary V. Perko of Hopping, Green, Sams & Smith, P.A., Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; and Jonathan A. Glogau, Assistant Attorney General, Tallahassee, for Appellee.

Thomas W. Reese, St. Petersburg, for Appellee/Manasota-88, Inc.

John W. McWhirter, Jr., of McWhirter, Reeves, McGlothlin, Davidson, Rief & Bakas, P.A., Tampa; and Joseph A. McGlothlin and Vicki Gordon Kaufman of McWhirter, Reeves, McGlothlin, Davidson, Rief & Bakas, P.A., Tallahassee, Amici Curiae, The Florida Industrial Power Users Group, The Florida Manufacturing and Chemical Council and The Florida Chamber of Commerce.

Debra Swim, Tallahassee; and Katherine Kennedy, New York City, Amici Curiae Natural Resources Defense Council, Sierra Club, Inc., Legal Environmental Assistance Foundation, Inc.

James D. Palermo, City Attorney; and Jorge I. Martin, Assistant City Attorney, Tampa, Amicus Curiae Brief of the City of Tampa.

PER CURIAM.

Florida Power and Light Co. (FPL) appeals an order of the Siting Board denying an application for certification to convert an existing power plant to utilize a product called Orimulsion. FPL argues that this order should be reversed and remanded for failure to satisfy the requirements of Chapter 120, Florida's Administrative Procedures Act (APA), because the Board usurped the role of the hearing officer as finder of fact both by rejecting findings of fact...

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