Florida Senate - 2013 CS for CS for SB 582 By the Committees on Appropriations; and Commerce and Tourism; and Senator Galvano 576-04957-13 2013582c2 1 A bill to be entitled 2 An act relating to manufacturing development; creating 3 s. 163.325, F.S.; providing a short title; 4 establishing the Manufacturing Competitiveness Act; 5 creating s. 163.3251, F.S.; providing definitions; 6 creating s. 163.3252, F.S.; authorizing local 7 governments to establish a local manufacturing 8 development program that provides for master 9 development approval for certain sites; providing 10 specific time periods for action by local governments; 11 requiring the Department of Economic Opportunity to 12 develop a model ordinance containing specified 13 information and provisions; requiring a local 14 manufacturing development program ordinance to include 15 certain information; providing certain restrictions on 16 the termination of a local manufacturing development 17 program; creating s. 163.3253, F.S.; requiring the 18 department, in cooperation with participating 19 agencies, to establish a manufacturing development 20 coordinated approval process for certain 21 manufacturers; requiring participating agencies to 22 coordinate and review applications for certain 23 manufacturers; requiring participating agencies to 24 coordinate and review applications for certain state 25 development approvals; requiring the department to 26 convene a meeting when requested by a certain 27 manufacturer; requiring participating agencies to 28 attend meetings convened by the department; specifying 29 that the department is not required to mediate between 30 the participating agencies and a manufacturer; 31 providing that the department may not be a party to 32 certain proceedings involving state development 33 approvals; requiring that the coordinated approval 34 process have no effect on the department’s economic 35 development incentive approval process; providing for 36 requests for additional information and specifying 37 time periods; requiring participating agencies to take 38 final action on applications within a certain time 39 period; requiring the department to facilitate the 40 resolution of certain applications; providing for 41 approval by default; providing for applicability with 42 respect to permit applications governed by federally 43 delegated or approved permitting programs; authorizing 44 the department to adopt rules; creating s. 288.111, 45 F.S.; requiring the department to develop materials 46 that identify local manufacturing development 47 programs; requiring Enterprise Florida, Inc., and 48 authorizing other state agencies, to distribute such 49 material; providing an effective date. 50 51 Be It Enacted by the Legislature of the State of Florida: 52 53 Section 1. Section 163.325, Florida Statutes, is created to 54 read: 55 163.325 Short title.—Sections 163.325-163.3253 may be cited 56 as the “Manufacturing Competitiveness Act.” 57 Section 2. Section 163.3251, Florida Statutes, is created 58 to read: 59 163.3251 Definitions.—As used in ss. 163.3251-163.3253, the 60 term: 61 (1) “Department” means the Department of Economic 62 Opportunity. 63 (2) “Local government development approval” means a local 64 land development permit, order, or other approval issued by a 65 local government, or a modification of such permit, order, or 66 approval, which is required for a manufacturer to physically 67 locate or expand and includes, but is not limited to, the review 68 and approval of a master development plan required under s. 69 163.3252(2)(c). 70 (3) “Local manufacturing development program” means a 71 program enacted by a local government for approval of master 72 development plans under s. 163.3252. 73 (4) “Manufacturer” means a business that is classified in 74 Sectors 31-33 of the National American Industry Classification 75 System (NAICS) and is located, or intends to locate, within the 76 geographic boundaries of an area designated by a local 77 government as provided under s. 163.3252. 78 (5) “Participating agency” means: 79 (a) The Department of Environmental Protection. 80 (b) The Department of Transportation. 81 (c) The Fish and Wildlife Conservation Commission, when 82 acting pursuant to statutory authority granted by the 83 Legislature. 84 (d) Water management districts. 85 (6) “State development approval” means a state or regional 86 permit or other approval issued by a participating agency, or a 87 modification of such permit or approval, which must be obtained 88 before the development or expansion of a manufacturer’s site, 89 and includes, but is not limited to, those specified in s. 90 163.3253(1). 91 Section 3. Section 163.3252, Florida Statutes, is created 92 to read: 93 163.3252 Local manufacturing development program; master 94 development approval for manufacturers.—A local government may 95 adopt an ordinance establishing a local manufacturing 96 development program through which the local government may grant 97 master development approval for the development or expansion of 98 sites that are, or are proposed to be, operated by manufacturers 99 at specified locations within the local government’s geographic 100 boundaries. 101 (1)(a) A local government that elects to establish a local 102 manufacturing development program shall submit a copy of the 103 ordinance establishing the program to the department within 20 104 days after the ordinance is enacted. 105 (b) A local government ordinance adopted before the 106 effective date of this act establishes a local manufacturing 107 development program if it satisfies the minimum criteria 108 established in subsection (3) and if the local government 109 submits a copy of the ordinance to the department on or before 110 September 1, 2013. 111 (2) By December 1, 2013, the department shall develop a 112 model ordinance to guide local governments that intend to 113 establish a local manufacturing development program. The model 114 ordinance, which need not be adopted by a local government, must 115 include: 116 (a) Procedures for a manufacturer to apply for a master 117 development plan and procedures for a local government to review 118 and approve a master development plan. 119 (b) Identification of those areas within the local 120 government’s jurisdiction which are subject to the program. 121 (c) Minimum elements for a master development plan, 122 including, but not limited to: 123 1. A site map. 124 2. A list proposing the site’s land uses. 125 3. Maximum square footage, floor area ratio, and building 126 heights for future development on the site, specifying with 127 particularity those features and facilities for which the local 128 government will require the establishment of maximum dimensions. 129 4. Development conditions. 130 (d) A list of the development impacts, if applicable to the 131 proposed site, which the local government will require to be 132 addressed in a master development plan, including, but not 133 limited to: 134 1. Drainage. 135 2. Wastewater. 136 3. Potable water. 137 4. Solid waste. 138 5. Onsite and offsite natural resources. 139 6. Preservation of historic and archeological resources. 140 7. Offsite infrastructure. 141 8. Public services. 142 9. Compatibility with adjacent offsite land uses. 143 10. Vehicular and pedestrian entrance to and exit from the 144 site. 145 11. Offsite transportation impacts. 146 (e) A provision vesting any existing development rights 147 authorized by the local government before the approval of a 148 master development plan, if requested by the manufacturer. 149 (f) Whether an expiration date is required for a master 150 development plan and, if required, a provision stating that the 151 expiration date may not be earlier than 10 years after the 152 plan’s adoption. 153 (g) A provision limiting the circumstances that require an 154 amendment to an approved master development plan to the 155 following: 156 1. Enactment of state law or local ordinance addressing an 157 immediate and direct threat to the public safety that requires 158 an amendment to the master development order. 159 2. Any revision to the master development plan initiated by 160 the manufacturer. 161 (h) A provision stating that the scope of review for any 162 amendment to a master development plan is limited to the 163 amendment and does not subject any other provision of the 164 approved master development plan to further review. 165 (i) A provision stating that, during the term of a master 166 development plan, the local government may not require 167 additional local development approvals for those development 168 impacts listed in paragraph (d) that are addressed in the master 169 development plan, other than approval of a building permit to 170 ensure compliance with the state building code and any other 171 applicable state-mandated life and safety code. 172 (j) A provision stating that, before commencing 173 construction or site development work, the manufacturer must 174 submit a certification, signed by a licensed architect, 175 engineer, or landscape architect, attesting that such work 176 complies with the master development plan. 177 (k) A provision establishing the form that will be used by 178 the local government to certify that a manufacturer is eligible 179 to participate in the local manufacturing development program 180 adopted by that jurisdiction. 181 (3) A local manufacturing development program ordinance 182 must, at a minimum, be consistent with subsection (2) and 183 establish procedures for: 184 (a) Reviewing an application from a manufacturer for 185 approval of a master development plan. 186 (b) Approving a master development plan, which may include 187 conditions that address development impacts anticipated during 188 the life of the development. 189 (c) Developing the site in a manner consistent with the 190 master development plan without requiring additional local 191 development approvals other than building permits. 192 (d) Certifying that a manufacturer is eligible to 193 participate in the local manufacturing development program. 194 (4)(a) A local government that establishes a local 195 manufacturing development program may not abolish the program 196 until it has been in effect for at least 24 months. 197 (b) If a local government repeals its local manufacturing 198 development program ordinance: 199 1. Any application for a master development plan which is 200 submitted to the local government before the effective date of 201 the repeal is vested and remains subject to the local 202 manufacturing development program ordinance in effect when the 203 application was submitted; and 204 2. The manufacturer that submitted the application is 205 entitled to participate in the manufacturing development 206 coordinated approval process established in s. 163.3253. 207 Section 4. Section 163.3253, Florida Statutes, is created 208 to read: 209 163.3253 Coordinated manufacturing development approval 210 process.—The department shall coordinate the manufacturing 211 development approval process with participating agencies, as set 212 forth in this section, for manufacturers that are developing or 213 expanding in a local government that has a local manufacturing 214 development program. 215 (1) The approval process must include collaboration and 216 coordination among, and simultaneous review by, the 217 participating agencies of applications for the following state 218 development approvals: 219 (a) Wetland or environmental resource permits. 220 (b) Surface water management permits. 221 (c) Stormwater permits. 222 (d) Consumptive water use permits. 223 (e) Wastewater permits. 224 (f) Air emission permits. 225 (g) Permits relating to listed species. 226 (h) Highway or roadway access permits. 227 (i) Any other state development approval within the scope 228 of a participating agency’s authority. 229 (2)(a) When filing its application for state development 230 approval, a manufacturer shall file with the department and each 231 participating agency proof that its development or expansion is 232 located in a local government that has a local manufacturing 233 development program. 234 (b) If a local government repeals its local manufacturing 235 development program ordinance, a manufacturer developing or 236 expanding in that jurisdiction remains entitled to participate 237 in the process if the manufacturer submitted its application for 238 a local government development approval before the effective 239 date of repeal. 240 (3) At any time during the process, if a manufacturer 241 requests that the department convene a meeting with one or more 242 participating agencies to facilitate the process, the department 243 shall convene a meeting that the involved participating agencies 244 must attend. 245 (a) The department is not required to mediate between the 246 participating agencies and the manufacturer, but may participate 247 as necessary to accomplish the purposes set forth in s. 248 20.60(4)(f). 249 (b) The department may not be a party to any proceeding 250 initiated under ss. 120.569 and 120.57 which relates to approval 251 or disapproval of an application for state development approval 252 processed under this section. 253 (c) The department’s participation in a coordinated 254 manufacturing development approval process under this section 255 shall have no effect on its approval or disapproval of any 256 application for economic development incentives sought under s. 257 288.061 or any other incentive requiring department approval. 258 (4) If a participating agency determines that an 259 application is incomplete, the participating agency shall notify 260 the applicant and the department in writing of the additional 261 information necessary to complete the application. 262 (a) Unless the deadline is waived in writing by the 263 manufacturer, a participating agency shall provide a request for 264 additional information to the manufacturer and the department 265 within 20 days after the date the application is filed with the 266 participating agency. 267 (b) If the participating agency does not request additional 268 information within the 20-day period, the participating agency 269 may not subsequently deny the application based on the 270 manufacturer’s failure to provide additional information. 271 (c) Within 10 days after the manufacturer’s response to the 272 request for additional information, a participating agency may 273 make a second request for additional information for the sole 274 purpose of obtaining clarification of the manufacturer’s 275 response. 276 (5)(a) Unless the deadline is waived in writing by the 277 manufacturer, each participating agency shall take final agency 278 action on a state development approval within its authority 279 within 60 days after a complete application is filed. The 60-day 280 period is tolled by the initiation of a proceeding under ss. 281 120.569 and 120.57. 282 (b) A participating agency shall notify the department if 283 the agency intends to deny a manufacturer’s application and, 284 unless waived in writing by the manufacturer, the department 285 shall timely convene an informal meeting to facilitate a 286 resolution. 287 (c) Unless waived in writing by the manufacturer, if a 288 participating agency does not approve or deny an application 289 within the 60-day period, within the time allowed by a federally 290 delegated permitting program, or, if a proceeding is initiated 291 under ss. 120.569 and 120.57, within 45 days after a recommended 292 order is submitted to the agency and the parties, the state 293 development approval within the authority of the participating 294 agency is deemed approved. A manufacturer seeking to claim 295 approval by default under this subsection shall notify, in 296 writing, the clerks of both the participating agency and the 297 department of that intent. A manufacturer may not take action 298 based upon the default approval until such notice is received by 299 both agency clerks. 300 (d) At any time after a proceeding is initiated under ss. 301 120.569 and 120.57, the manufacturer may demand expeditious 302 resolution by serving notice on an administrative law judge and 303 all other parties to the proceeding. The administrative law 304 judge shall set the matter for final hearing no more than 30 305 days after receipt of such notice. After the final hearing is 306 set, a continuance may not be granted without the written 307 agreement of all parties. 308 (6) Subsections (4) and (5) do not apply to permit 309 applications governed by federally delegated or approved 310 permitting programs to the extent that subsections (4) and (5) 311 impose timeframes or other requirements that are prohibited by 312 or inconsistent with such federally delegated or approved 313 permitting programs. 314 (7) The department may adopt rules to administer this 315 section. 316 Section 5. Section 288.111, Florida Statutes, is created to 317 read: 318 288.111 Information concerning local manufacturing 319 development programs.—The department shall develop materials 320 that identify each local government that establishes a local 321 manufacturing development program under s. 163.3252. The 322 materials, which the department may elect to develop and 323 maintain in electronic format or in any other format deemed by 324 the department to provide public access, must be updated at 325 least annually. Enterprise Florida, Inc., shall, and other state 326 agencies may, distribute the materials to prospective, new, 327 expanding, and relocating manufacturing businesses seeking to 328 conduct business in this state. 329 Section 6. This act shall take effect July 1, 2013.