Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2148
       
       
       
       
       
       
                                Barcode 888392                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2009           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1823 and 1824
    4  insert:
    5         Section 9. Present subsection (19) of section 403.973,
    6  Florida Statutes, is redesignated as subsection (20), and a new
    7  subsection (19) is added to that section, to read:
    8         403.973 Expedited permitting; comprehensive plan
    9  amendments.—
   10         (19)It is the intent of the Legislature to encourage and
   11  facilitate the location of businesses in the state that will
   12  create jobs and high wages, diversify the state’s economy, and
   13  promote the development of energy saving technologies and other
   14  clean technologies to be used in Florida communities. It is also
   15  the intent of the Legislature to provide incentives in
   16  regulatory process for mixed use projects that are regional
   17  centers for clean technology (RCCT) to accomplish the goals of
   18  this section and meet additional performance criteria for
   19  conservation, reduced energy and water consumption, and other
   20  practices for creating a sustainable community.
   21         (a)In order to qualify for the incentives in this
   22  subsection, a proposed RCCT project must:
   23         1.Create new jobs in development, manufacturing, and
   24  distribution in the clean technology industry including, but not
   25  limited to, energy and fuel saving, alternative energy
   26  production, or carbon reduction technologies. Overall job
   27  creation must be at a minimum ratio of one job for every
   28  household in the project and produce no less than 10,000 jobs
   29  upon completion of the project.
   30         2.Provide at least 25 percent of site-wide demand for
   31  electricity by new renewable energy sources.
   32         3.Use building design and construction techniques and
   33  materials to reduce project-wide energy demand by at least 25
   34  percent compared to 2009 average per capita consumption for the
   35  state.
   36         4.Use conservation and construction techniques and
   37  materials to reduce potable water consumption by at least 25
   38  percent compared to 2009 average per capita consumption for the
   39  state.
   40         5.Have projected per capita carbon emissions at least 25
   41  percent below the 2009 average per capita carbon emissions for
   42  the state.
   43         6.Contain at least 25,000 acres, at least 50 percent of
   44  which will be dedicated to conservation or open space. The
   45  project site must be directly accessible to a crossroad of two
   46  Strategic Intermodal System facilities and may not be located in
   47  a coastal high-hazard area.
   48         7.Be located on a site planned to contain a mix of land
   49  uses, including, at a minimum, 5 million square feet of combined
   50  research and development, industrial uses, and commercial land
   51  uses, and a balanced mix of housing to meet the demands for jobs
   52  and wages created within the project.
   53         8.Be designed to greatly reduce the need for automobile
   54  usage through an intramodal mass transit system, site design,
   55  and other strategies to reduce vehicle miles travelled.
   56         (b)The office must certify a RCCT project as eligible for
   57  the incentives in this subsection within 30 days after receiving
   58  an application that meets the criteria paragraph (a). The
   59  application must be received within 180 days after July 1, 2009,
   60  in order to qualify for this incentive. The recommendation from
   61  the governing body of the county or municipality in which the
   62  project may be located is required in order for the office to
   63  certify that any project is eligible for the expedited review
   64  and incentives under this subsection. The office may decertify a
   65  project that has failed to meet the criteria in this subsection
   66  and the commitments set forth in the application.
   67         (c)1.The office shall direct the creation of regional
   68  permit action teams through a memorandum of agreement as set
   69  forth in subsections (4)-(6). The RCCT project shall be eligible
   70  for the expedited permitting and other incentives provided in
   71  this section.
   72         2.Notwithstanding any other provisions of law,
   73  applications for comprehensive plan amendments received before
   74  June 1, 2009, which are associated with RCCT projects certified
   75  under this subsection, including text amendments that set forth
   76  parameters for establishing a RCCT project map amendment, shall
   77  be processed pursuant to the provisions of s. 163.3187(1)(c) and
   78  (3). The Legislature finds that a project meeting the criteria
   79  for certification under this subsection meets the requirements
   80  for land use allocation need based on population projections,
   81  discouragement of urban sprawl, the provisions of section
   82  163.3177(6)(a) and (11), and implementing rules.
   83         3.Any development projects within the certified project
   84  which are subject to development-of-regional-impact review
   85  pursuant to the applicable provisions of chapter 380 shall be
   86  reviewed pursuant to that chapter and applicable rules. If a
   87  RCCT project qualifies as a development of regional impact, the
   88  application must be submitted within 180 days after the adoption
   89  of the related comprehensive plan amendment. Notwithstanding any
   90  other provisions of law, the state land planning agency may not
   91  appeal a local government development order issued under chapter
   92  380 unless the agency having regulatory authority over the
   93  subject area of the appeal has recommended an appeal.
   94  
   95  ================= T I T L E  A M E N D M E N T ================
   96         And the title is amended as follows:
   97         Delete line 89
   98  and insert:
   99         conforming a cross-reference; amending s. 403.973,
  100         F.S.; providing legislative intent; providing certain
  101         criteria for regional centers for clean technology
  102         projects to receive expedited permitting; providing
  103         regulatory incentives for projects that meet such
  104         criteria; authorizing the Office of Tourism, Trade,
  105         and Economic Development within the Executive Office
  106         of the Governor to certify and decertify such
  107         projects; authorizing the office to create regional
  108         permit action teams; providing an effective