Florida Senate - 2010 CS for SB 1126
By the Committee on Environmental Preservation and Conservation;
and Senator Altman
592-02517-10 20101126c1
1 A bill to be entitled
2 An act relating to permitting; amending s. 403.973,
3 F.S.; clarifying duties of the Office of Tourism,
4 Trade, and Economic Development to approve expedited
5 permitting and comprehensive plan amendments;
6 providing additional authority to the Secretary of
7 Environmental Protection; revising criteria for
8 businesses submitting permit applications or local
9 comprehensive plan amendments; providing that permit
10 applications and local comprehensive plan amendments
11 for specified biofuel and renewable energy projects
12 are eligible for the expedited permitting process;
13 providing for the establishment of regional permit
14 action teams through the execution of memoranda of
15 agreement developed by permit applicants and the
16 secretary; providing for the appeal of a local
17 government’s approval of an expedited permit or
18 comprehensive plan amendment; requiring such appeals
19 to be consolidated with challenges to state agency
20 actions; specifying the form of the memoranda of
21 agreement developed by the secretary; revising the
22 deadline by which certain final orders must be issued;
23 specifying additional requirements for recommended
24 orders; providing for challenges to state agency
25 action related to expedited permitting for specified
26 renewable energy projects; revising provisions
27 relating to the review of sites proposed for the
28 location of facilities eligible for the Innovation
29 Incentive Program; providing that electrical power
30 projects using renewable fuels are eligible for
31 expedited review; providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Section 403.973, Florida Statutes, is amended to
36 read:
37 403.973 Expedited permitting; amendments to comprehensive
38 plans plan amendments.—
39 (1) It is the intent of the Legislature to encourage and
40 facilitate the location and expansion of those types of economic
41 development projects which offer job creation and high wages,
42 strengthen and diversify the state’s economy, and have been
43 thoughtfully planned to take into consideration the protection
44 of the state’s environment. It is also the intent of the
45 Legislature to provide for an expedited permitting and
46 comprehensive plan amendment process for such projects.
47 (2) As used in this section, the term:
48 (a) “Duly noticed” means publication in a newspaper of
49 general circulation in the municipality or county with
50 jurisdiction. The notice shall appear on at least 2 separate
51 days, one of which shall be at least 7 days before the meeting.
52 The notice shall state the date, time, and place of the meeting
53 scheduled to discuss or enact the memorandum of agreement, and
54 the places within the municipality or county where such proposed
55 memorandum of agreement may be inspected by the public. The
56 notice must be one-eighth of a page in size and must be
57 published in a portion of the paper other than the legal notices
58 section. The notice shall also advise that interested parties
59 may appear at the meeting and be heard with respect to the
60 memorandum of agreement.
61 (b) “Jobs” means permanent, full-time equivalent positions
62 not including construction jobs.
63 (c) “Office” means the Office of Tourism, Trade, and
64 Economic Development.
65 (d) “Permit applications” means state permits and licenses,
66 and at the option of a participating local government, local
67 development permits or orders.
68 (e) “Secretary” means the Secretary of Environmental
69 Protection or his or her designee.
70 (3)(a) The secretary Governor, through the office, shall
71 direct the creation of regional permit action teams, for the
72 purpose of expediting review of permit applications and local
73 comprehensive plan amendments submitted by:
74 1. Businesses creating at least 50 100 jobs;, or
75 2. Businesses creating at least 25 50 jobs if the project
76 is located in an enterprise zone, or in a county having a
77 population of fewer less than 75,000 or in a county having a
78 population of fewer less than 100,000 which is contiguous to a
79 county having a population of fewer less than 75,000, as
80 determined by the most recent decennial census, residing in
81 incorporated and unincorporated areas of the county., or
82 (b) On a case-by-case basis and at the request of a county
83 or municipal government, the office may certify as eligible for
84 expedited review a project not meeting the minimum job creation
85 thresholds but creating a minimum of 10 jobs. The recommendation
86 from the governing body of the county or municipality in which
87 the project may be located is required in order for the office
88 to certify that any project is eligible for expedited review
89 under this paragraph. When considering projects that do not meet
90 the minimum job creation thresholds but that are recommended by
91 the governing body in which the project may be located, the
92 office shall consider economic impact factors that include, but
93 are not limited to:
94 1. The proposed wage and skill levels relative to those
95 existing in the area in which the project may be located;
96 2. The project’s potential to diversify and strengthen the
97 area’s economy;
98 3. The amount of capital investment; and
99 4. The number of jobs that will be made available for
100 persons served by the welfare transition program.
101 (c) At the request of a county or municipal government, the
102 office or a Quick Permitting County may certify projects located
103 in counties where the ratio of new jobs per participant in the
104 welfare transition program, as determined by Workforce Florida,
105 Inc., is less than one or otherwise critical, as eligible for
106 the expedited permitting process. Such projects must meet the
107 numerical job creation criteria of this subsection, but the jobs
108 created by the project do not have to be high-wage jobs that
109 diversify the state’s economy.
110 (d) Projects located in a designated brownfield area are
111 eligible for the expedited permitting process.
112 (e) Projects that are part of the state-of-the-art
113 biomedical research institution and campus to be established in
114 this state by the grantee under s. 288.955 are eligible for the
115 expedited permitting process, if the projects are designated as
116 part of the institution or campus by the board of county
117 commissioners of the county in which the institution and campus
118 are established.
119 (f) Projects resulting in the production of biofuels
120 cultivated on lands that are 1,000 acres or more or the
121 construction of a biofuel or biodiesel processing facility or a
122 facility generating renewable energy as defined in s.
123 366.91(2)(d) are eligible for the expedited permitting process.
124 (4) The regional teams shall be established through the
125 execution of memoranda of agreement developed by the applicant
126 and secretary, with input solicited from between the office and
127 the respective heads of the Department of Environmental
128 Protection, the Department of Community Affairs, the Department
129 of Transportation and its district offices, the Department of
130 Agriculture and Consumer Services, the Fish and Wildlife
131 Conservation Commission, appropriate regional planning councils,
132 appropriate water management districts, and voluntarily
133 participating municipalities and counties. The memoranda of
134 agreement should also accommodate participation in this
135 expedited process by other local governments and federal
136 agencies as circumstances warrant.
137 (5) In order to facilitate local government’s option to
138 participate in this expedited review process, the secretary
139 office shall, in cooperation with local governments and
140 participating state agencies, create a standard form memorandum
141 of agreement. A local government shall hold a duly noticed
142 public workshop to review and explain to the public the
143 expedited permitting process and the terms and conditions of the
144 standard form memorandum of agreement.
145 (6) The local government shall hold a duly noticed public
146 hearing to execute a memorandum of agreement for each qualified
147 project. Notwithstanding any other provision of law, and at the
148 option of the local government, the workshop provided for in
149 subsection (5) may be conducted on the same date as the public
150 hearing held under this subsection. The memorandum of agreement
151 that a local government signs shall include a provision
152 identifying necessary local government procedures and time
153 limits that will be modified to allow for the local government
154 decision on the project within 90 days. The memorandum of
155 agreement applies to projects, on a case-by-case basis, that
156 qualify for special review and approval as specified in this
157 section. The memorandum of agreement must make it clear that
158 this expedited permitting and review process does not modify,
159 qualify, or otherwise alter existing local government
160 nonprocedural standards for permit applications, unless
161 expressly authorized by law.
162 (7) At the option of the participating local government,
163 Appeals of local government comprehensive plan approvals its
164 final approval for a project shall may be pursuant to the
165 summary hearing provisions of s. 120.574, pursuant to subsection
166 (14), and consolidated with the challenge of any applicable
167 state agency actions or pursuant to other appellate processes
168 available to the local government. The local government’s
169 decision to enter into a summary hearing must be made as
170 provided in s. 120.574 or in the memorandum of agreement.
171 (8) Each memorandum of agreement shall include a process
172 for final agency action on permit applications and local
173 comprehensive plan amendment approvals within 90 days after
174 receipt of a completed application, unless the applicant agrees
175 to a longer time period or the secretary office determines that
176 unforeseen or uncontrollable circumstances preclude final agency
177 action within the 90-day timeframe. Permit applications governed
178 by federally delegated or approved permitting programs whose
179 requirements would prohibit or be inconsistent with the 90-day
180 timeframe are exempt from this provision, but must be processed
181 by the agency with federally delegated or approved program
182 responsibility as expeditiously as possible.
183 (9) The secretary office shall inform the Legislature by
184 October 1 of each year which agencies have not entered into or
185 implemented an agreement and identify any barriers to achieving
186 success of the program.
187 (10) The memoranda of agreement may provide for the waiver
188 or modification of procedural rules prescribing forms, fees,
189 procedures, or time limits for the review or processing of
190 permit applications under the jurisdiction of those agencies
191 that are party to the memoranda of agreement. Notwithstanding
192 any other provision of law to the contrary, a memorandum of
193 agreement must to the extent feasible provide for proceedings
194 and hearings otherwise held separately by the parties to the
195 memorandum of agreement to be combined into one proceeding or
196 held jointly and at one location. Such waivers or modifications
197 shall not be available for permit applications governed by
198 federally delegated or approved permitting programs, the
199 requirements of which would prohibit, or be inconsistent with,
200 such a waiver or modification.
201 (11) The standard form for memoranda of agreement shall
202 include guidelines to be used in working with state, regional,
203 and local permitting authorities. Guidelines may include, but
204 are not limited to, the following:
205 (a) A central contact point for filing permit applications
206 and local comprehensive plan amendments and for obtaining
207 information on permit and local comprehensive plan amendment
208 requirements;
209 (b) Identification of the individual or individuals within
210 each respective agency who will be responsible for processing
211 the expedited permit application or local comprehensive plan
212 amendment for that agency;
213 (c) A mandatory preapplication review process to reduce
214 permitting conflicts by providing guidance to applicants
215 regarding the permits needed from each agency and governmental
216 entity, site planning and development, site suitability and
217 limitations, facility design, and steps the applicant can take
218 to ensure expeditious permit application and local comprehensive
219 plan amendment review. As a part of this process, the first
220 interagency meeting to discuss a project shall be held within 14
221 days after the secretary’s office’s determination that the
222 project is eligible for expedited review. Subsequent interagency
223 meetings may be scheduled to accommodate the needs of
224 participating local governments that are unable to meet public
225 notice requirements for executing a memorandum of agreement
226 within this timeframe. This accommodation may not exceed 45 days
227 from the secretary’s office’s determination that the project is
228 eligible for expedited review;
229 (d) The preparation of a single coordinated project
230 description form and checklist and an agreement by state and
231 regional agencies to reduce the burden on an applicant to
232 provide duplicate information to multiple agencies;
233 (e) Establishment of a process for the adoption and review
234 of any comprehensive plan amendment needed by any certified
235 project within 90 days after the submission of an application
236 for a comprehensive plan amendment. However, the memorandum of
237 agreement may not prevent affected persons as defined in s.
238 163.3184 from appealing or participating in this expedited plan
239 amendment process and any review or appeals of decisions made
240 under this paragraph; and
241 (f) Additional incentives for an applicant who proposes a
242 project that provides a net ecosystem benefit.
243 (12) The applicant, the regional permit action team, and
244 participating local governments may agree to incorporate into a
245 single document the permits, licenses, and approvals that are
246 obtained through the expedited permit process. This consolidated
247 permit is subject to the summary hearing provisions set forth in
248 subsection (14).
249 (13) Notwithstanding any other provisions of law:
250 (a) Local comprehensive plan amendments for projects
251 qualified under this section are exempt from the twice-a-year
252 limits provision in s. 163.3187; and
253 (b) Projects qualified under this section are not subject
254 to interstate highway level-of-service standards adopted by the
255 Department of Transportation for concurrency purposes. The
256 memorandum of agreement specified in subsection (5) must include
257 a process by which the applicant will be assessed a fair share
258 of the cost of mitigating the project’s significant traffic
259 impacts, as defined in chapter 380 and related rules. The
260 agreement must also specify whether the significant traffic
261 impacts on the interstate system will be mitigated through the
262 implementation of a project or payment of funds to the
263 Department of Transportation. Where funds are paid, the
264 Department of Transportation must include in the 5-year work
265 program transportation projects or project phases, in an amount
266 equal to the funds received, to mitigate the traffic impacts
267 associated with the proposed project.
268 (14)(a) Challenges to state agency action in the expedited
269 permitting process for projects processed under this section are
270 subject to the summary hearing provisions of s. 120.574, except
271 that the administrative law judge’s decision, as provided in s.
272 120.574(2)(f), shall be in the form of a recommended order and
273 shall not constitute the final action of the state agency. In
274 those proceedings where the action of only one agency of the
275 state, other than the Department of Environmental Protection, is
276 challenged, the agency of the state shall issue the final order
277 within 45 10 working days after of receipt of the administrative
278 law judge’s recommended order. The recommended order shall
279 inform the parties of their right to file exceptions or
280 responses to the recommended order in accordance with the Rules
281 of Administrative Procedure. In those proceedings where the
282 actions of more than one agency of the state are challenged, the
283 Governor shall issue the final order within 45 10 working days
284 after of receipt of the administrative law judge’s recommended
285 order. The recommended order shall inform the parties of their
286 right to file exceptions or responses to the recommended order
287 in accordance with the Rules of Administrative Procedure. This
288 paragraph does not apply to the issuance of department licenses
289 required under any federally delegated or approved permit
290 program. In such instances, the department shall enter the final
291 order. The participating agencies of the state may opt at the
292 preliminary hearing conference to allow the administrative law
293 judge’s decision to constitute the final agency action. If a
294 participating local government agrees to participate in the
295 summary hearing provisions of s. 120.574 for purposes of review
296 of local government comprehensive plan amendments, s.
297 163.3184(9) and (10) apply.
298 (b) Projects identified in paragraph (3)(f) or challenges
299 to state agency action in the expedited permitting process for
300 establishment of a state-of-the-art biomedical research
301 institution and campus in this state by the grantee under s.
302 288.955 are subject to the same requirements as challenges
303 brought under paragraph (a), except that, notwithstanding s.
304 120.574, summary proceedings must be conducted within 30 days
305 after a party files the motion for summary hearing, regardless
306 of whether the parties agree to the summary proceeding.
307 (15) The office, working with the agencies providing
308 cooperative assistance and input regarding participating in the
309 memoranda of agreement, shall review sites proposed for the
310 location of facilities eligible for the Innovation Incentive
311 Program under s. 288.1089. Within 20 days after the request for
312 the review by the office, the agencies shall provide to the
313 office a statement as to each site’s necessary permits under
314 local, state, and federal law and an identification of
315 significant permitting issues, which if unresolved, may result
316 in the denial of an agency permit or approval or any significant
317 delay caused by the permitting process.
318 (16) This expedited permitting process shall not modify,
319 qualify, or otherwise alter existing agency nonprocedural
320 standards for permit applications or local comprehensive plan
321 amendments, unless expressly authorized by law. If it is
322 determined that the applicant is not eligible to use this
323 process, the applicant may apply for permitting of the project
324 through the normal permitting processes.
325 (17) The office shall be responsible for certifying a
326 business as eligible for undergoing expedited review under this
327 section. Enterprise Florida, Inc., a county or municipal
328 government, or the Rural Economic Development Initiative may
329 recommend to the Office of Tourism, Trade, and Economic
330 Development that a project meeting the minimum job creation
331 threshold undergo expedited review.
332 (18) The office, working with the Rural Economic
333 Development Initiative and the agencies participating in the
334 memoranda of agreement, shall provide technical assistance in
335 preparing permit applications and local comprehensive plan
336 amendments for counties having a population of less than 75,000
337 residents, or counties having fewer than 100,000 residents which
338 are contiguous to counties having fewer than 75,000 residents.
339 Additional assistance may include, but not be limited to,
340 guidance in land development regulations and permitting
341 processes, working cooperatively with state, regional, and local
342 entities to identify areas within these counties which may be
343 suitable or adaptable for preclearance review of specified types
344 of land uses and other activities requiring permits.
345 (19) The following projects are ineligible for review under
346 this part:
347 (a) A project funded and operated by a local government, as
348 defined in s. 377.709, and located within that government’s
349 jurisdiction.
350 (b) A project, the primary purpose of which is to:
351 1. Effect the final disposal of solid waste, biomedical
352 waste, or hazardous waste in this state.
353 2. Produce electrical power, unless the production of
354 electricity is incidental and not the primary function of the
355 project or the electrical power is derived from a fuel source
356 for renewable energy as defined in s. 366.91(2)(d).
357 3. Extract natural resources.
358 4. Produce oil.
359 5. Construct, maintain, or operate an oil, petroleum,
360 natural gas, or sewage pipeline.
361 Section 2. This act shall take effect upon becoming a law.