| 1 | A bill to be entitled |
| 2 | An act relating to expedited permitting; amending s. |
| 3 | 403.973, F.S.; transferring certain authority over the |
| 4 | expedited permitting and comprehensive plan amendment |
| 5 | process from the Office of Tourism, Trade, and Economic |
| 6 | Development to the Secretary of Environmental Protection; |
| 7 | revising job-creation criteria for businesses to qualify |
| 8 | to submit permit applications and local comprehensive plan |
| 9 | amendments for expedited review; providing that permit |
| 10 | applications and local comprehensive plan amendments for |
| 11 | specified renewable energy projects are eligible for the |
| 12 | expedited permitting process; providing for the |
| 13 | establishment of regional permit action teams through the |
| 14 | execution of memoranda of agreement developed by permit |
| 15 | applicants and the secretary; revising provisions relating |
| 16 | to the memoranda of agreement developed by the secretary; |
| 17 | providing for the appeal of local government comprehensive |
| 18 | plan approvals for projects and requiring such appeals to |
| 19 | be consolidated with challenges to state agency actions; |
| 20 | requiring recommended orders relating to challenges to |
| 21 | state agency actions pursuant to summary hearing |
| 22 | provisions to include certain information; extending the |
| 23 | deadline for issuance of final orders relating to such |
| 24 | challenges; providing for challenges to state agency |
| 25 | action related to expedited permitting for specified |
| 26 | renewable energy projects; revising provisions relating to |
| 27 | the review of sites proposed for the location of |
| 28 | facilities eligible for the Innovation Incentive Program; |
| 29 | revising criteria for counties eligible to receive |
| 30 | technical assistance in preparing permit applications and |
| 31 | local comprehensive plan amendments; specifying expedited |
| 32 | review eligibility for certain electrical power projects; |
| 33 | providing an effective date. |
| 34 |
|
| 35 | Be It Enacted by the Legislature of the State of Florida: |
| 36 |
|
| 37 | Section 1. Section 403.973, Florida Statutes, is amended |
| 38 | to read: |
| 39 | 403.973 Expedited permitting; amendments to comprehensive |
| 40 | plans plan amendments.- |
| 41 | (1) It is the intent of the Legislature to encourage and |
| 42 | facilitate the location and expansion of those types of economic |
| 43 | development projects which offer job creation and high wages, |
| 44 | strengthen and diversify the state's economy, and have been |
| 45 | thoughtfully planned to take into consideration the protection |
| 46 | of the state's environment. It is also the intent of the |
| 47 | Legislature to provide for an expedited permitting and |
| 48 | comprehensive plan amendment process for such projects. |
| 49 | (2) As used in this section, the term: |
| 50 | (a) "Duly noticed" means publication in a newspaper of |
| 51 | general circulation in the municipality or county with |
| 52 | jurisdiction. The notice shall appear on at least 2 separate |
| 53 | days, one of which shall be at least 7 days before the meeting. |
| 54 | The notice shall state the date, time, and place of the meeting |
| 55 | scheduled to discuss or enact the memorandum of agreement, and |
| 56 | the places within the municipality or county where such proposed |
| 57 | memorandum of agreement may be inspected by the public. The |
| 58 | notice must be one-eighth of a page in size and must be |
| 59 | published in a portion of the paper other than the legal notices |
| 60 | section. The notice shall also advise that interested parties |
| 61 | may appear at the meeting and be heard with respect to the |
| 62 | memorandum of agreement. |
| 63 | (b) "Jobs" means permanent, full-time equivalent positions |
| 64 | not including construction jobs. |
| 65 | (c) "Office" means the Office of Tourism, Trade, and |
| 66 | Economic Development. |
| 67 | (d) "Permit applications" means state permits and |
| 68 | licenses, and at the option of a participating local government, |
| 69 | local development permits or orders. |
| 70 | (e) "Secretary" means the Secretary of Environmental |
| 71 | Protection or his or her designee. |
| 72 | (3)(a) The secretary Governor, through the office, shall |
| 73 | direct the creation of regional permit action teams, for the |
| 74 | purpose of expediting review of permit applications and local |
| 75 | comprehensive plan amendments submitted by: |
| 76 | 1. Businesses creating at least 50 100 jobs;, or |
| 77 | 2. Businesses creating at least 25 50 jobs if the project |
| 78 | is located in an enterprise zone, or in a county having a |
| 79 | population of fewer less than 75,000 or in a county having a |
| 80 | population of fewer less than 125,000 100,000 which is |
| 81 | contiguous to a county having a population of fewer less than |
| 82 | 75,000, as determined by the most recent decennial census, |
| 83 | residing in incorporated and unincorporated areas of the |
| 84 | county., or |
| 85 | (b) On a case-by-case basis and at the request of a county |
| 86 | or municipal government, the office may certify as eligible for |
| 87 | expedited review a project not meeting the minimum job creation |
| 88 | thresholds but creating a minimum of 10 jobs. The recommendation |
| 89 | from the governing body of the county or municipality in which |
| 90 | the project may be located is required in order for the office |
| 91 | to certify that any project is eligible for expedited review |
| 92 | under this paragraph. When considering projects that do not meet |
| 93 | the minimum job creation thresholds but that are recommended by |
| 94 | the governing body in which the project may be located, the |
| 95 | office shall consider economic impact factors that include, but |
| 96 | are not limited to: |
| 97 | 1. The proposed wage and skill levels relative to those |
| 98 | existing in the area in which the project may be located; |
| 99 | 2. The project's potential to diversify and strengthen the |
| 100 | area's economy; |
| 101 | 3. The amount of capital investment; and |
| 102 | 4. The number of jobs that will be made available for |
| 103 | persons served by the welfare transition program. |
| 104 | (c) At the request of a county or municipal government, |
| 105 | the office or a Quick Permitting County may certify projects |
| 106 | located in counties where the ratio of new jobs per participant |
| 107 | in the welfare transition program, as determined by Workforce |
| 108 | Florida, Inc., is less than one or otherwise critical, as |
| 109 | eligible for the expedited permitting process. Such projects |
| 110 | must meet the numerical job creation criteria of this |
| 111 | subsection, but the jobs created by the project do not have to |
| 112 | be high-wage jobs that diversify the state's economy. |
| 113 | (d) Projects located in a designated brownfield area are |
| 114 | eligible for the expedited permitting process. |
| 115 | (e) Projects that are part of the state-of-the-art |
| 116 | biomedical research institution and campus to be established in |
| 117 | this state by the grantee under s. 288.955 are eligible for the |
| 118 | expedited permitting process, if the projects are designated as |
| 119 | part of the institution or campus by the board of county |
| 120 | commissioners of the county in which the institution and campus |
| 121 | are established. |
| 122 | (f) Projects resulting in the production of biofuels |
| 123 | cultivated on lands that are 1,000 acres or more or in the |
| 124 | construction of a biofuel or biodiesel processing facility or a |
| 125 | facility generating renewable energy, as defined in s. |
| 126 | 366.91(2)(d), are eligible for the expedited permitting process. |
| 127 | (4) The regional teams shall be established through the |
| 128 | execution of memoranda of agreement developed by the applicant |
| 129 | and the secretary, with input solicited from between the office |
| 130 | and the respective heads of the Department of Environmental |
| 131 | Protection, the Department of Community Affairs, the Department |
| 132 | of Transportation and its district offices, the Department of |
| 133 | Agriculture and Consumer Services, the Fish and Wildlife |
| 134 | Conservation Commission, appropriate regional planning councils, |
| 135 | appropriate water management districts, and voluntarily |
| 136 | participating municipalities and counties. The memoranda of |
| 137 | agreement should also accommodate participation in this |
| 138 | expedited process by other local governments and federal |
| 139 | agencies as circumstances warrant. |
| 140 | (5) In order to facilitate local government's option to |
| 141 | participate in this expedited review process, the secretary |
| 142 | office shall, in cooperation with local governments and |
| 143 | participating state agencies, create a standard form memorandum |
| 144 | of agreement. A local government shall hold a duly noticed |
| 145 | public workshop to review and explain to the public the |
| 146 | expedited permitting process and the terms and conditions of the |
| 147 | standard form memorandum of agreement. |
| 148 | (6) The local government shall hold a duly noticed public |
| 149 | hearing to execute a memorandum of agreement for each qualified |
| 150 | project. Notwithstanding any other provision of law, and at the |
| 151 | option of the local government, the workshop provided for in |
| 152 | subsection (5) may be conducted on the same date as the public |
| 153 | hearing held under this subsection. The memorandum of agreement |
| 154 | that a local government signs shall include a provision |
| 155 | identifying necessary local government procedures and time |
| 156 | limits that will be modified to allow for the local government |
| 157 | decision on the project within 90 days. The memorandum of |
| 158 | agreement applies to projects, on a case-by-case basis, that |
| 159 | qualify for special review and approval as specified in this |
| 160 | section. The memorandum of agreement must make it clear that |
| 161 | this expedited permitting and review process does not modify, |
| 162 | qualify, or otherwise alter existing local government |
| 163 | nonprocedural standards for permit applications, unless |
| 164 | expressly authorized by law. |
| 165 | (7) At the option of the participating local government, |
| 166 | Appeals of local government comprehensive plan approvals its |
| 167 | final approval for a project shall may be pursuant to the |
| 168 | summary hearing provisions of s. 120.574, pursuant to subsection |
| 169 | (14), and consolidated with the challenge of any applicable |
| 170 | state agency actions or pursuant to other appellate processes |
| 171 | available to the local government. The local government's |
| 172 | decision to enter into a summary hearing must be made as |
| 173 | provided in s. 120.574 or in the memorandum of agreement. |
| 174 | (8) Each memorandum of agreement shall include a process |
| 175 | for final agency action on permit applications and local |
| 176 | comprehensive plan amendment approvals within 90 days after |
| 177 | receipt of a completed application, unless the applicant agrees |
| 178 | to a longer time period or the secretary office determines that |
| 179 | unforeseen or uncontrollable circumstances preclude final agency |
| 180 | action within the 90-day timeframe. Permit applications governed |
| 181 | by federally delegated or approved permitting programs whose |
| 182 | requirements would prohibit or be inconsistent with the 90-day |
| 183 | timeframe are exempt from this provision, but must be processed |
| 184 | by the agency with federally delegated or approved program |
| 185 | responsibility as expeditiously as possible. |
| 186 | (9) The secretary office shall inform the Legislature by |
| 187 | October 1 of each year which agencies have not entered into or |
| 188 | implemented an agreement and identify any barriers to achieving |
| 189 | success of the program. |
| 190 | (10) The memoranda of agreement may provide for the waiver |
| 191 | or modification of procedural rules prescribing forms, fees, |
| 192 | procedures, or time limits for the review or processing of |
| 193 | permit applications under the jurisdiction of those agencies |
| 194 | that are party to the memoranda of agreement. Notwithstanding |
| 195 | any other provision of law to the contrary, a memorandum of |
| 196 | agreement must to the extent feasible provide for proceedings |
| 197 | and hearings otherwise held separately by the parties to the |
| 198 | memorandum of agreement to be combined into one proceeding or |
| 199 | held jointly and at one location. Such waivers or modifications |
| 200 | shall not be available for permit applications governed by |
| 201 | federally delegated or approved permitting programs, the |
| 202 | requirements of which would prohibit, or be inconsistent with, |
| 203 | such a waiver or modification. |
| 204 | (11) The standard form for memoranda of agreement shall |
| 205 | include guidelines to be used in working with state, regional, |
| 206 | and local permitting authorities. Guidelines may include, but |
| 207 | are not limited to, the following: |
| 208 | (a) A central contact point for filing permit applications |
| 209 | and local comprehensive plan amendments and for obtaining |
| 210 | information on permit and local comprehensive plan amendment |
| 211 | requirements; |
| 212 | (b) Identification of the individual or individuals within |
| 213 | each respective agency who will be responsible for processing |
| 214 | the expedited permit application or local comprehensive plan |
| 215 | amendment for that agency; |
| 216 | (c) A mandatory preapplication review process to reduce |
| 217 | permitting conflicts by providing guidance to applicants |
| 218 | regarding the permits needed from each agency and governmental |
| 219 | entity, site planning and development, site suitability and |
| 220 | limitations, facility design, and steps the applicant can take |
| 221 | to ensure expeditious permit application and local comprehensive |
| 222 | plan amendment review. As a part of this process, the first |
| 223 | interagency meeting to discuss a project shall be held within 14 |
| 224 | days after the secretary's office's determination that the |
| 225 | project is eligible for expedited review. Subsequent interagency |
| 226 | meetings may be scheduled to accommodate the needs of |
| 227 | participating local governments that are unable to meet public |
| 228 | notice requirements for executing a memorandum of agreement |
| 229 | within this timeframe. This accommodation may not exceed 45 days |
| 230 | from the secretary's office's determination that the project is |
| 231 | eligible for expedited review; |
| 232 | (d) The preparation of a single coordinated project |
| 233 | description form and checklist and an agreement by state and |
| 234 | regional agencies to reduce the burden on an applicant to |
| 235 | provide duplicate information to multiple agencies; |
| 236 | (e) Establishment of a process for the adoption and review |
| 237 | of any comprehensive plan amendment needed by any certified |
| 238 | project within 90 days after the submission of an application |
| 239 | for a comprehensive plan amendment. However, the memorandum of |
| 240 | agreement may not prevent affected persons as defined in s. |
| 241 | 163.3184 from appealing or participating in this expedited plan |
| 242 | amendment process and any review or appeals of decisions made |
| 243 | under this paragraph; and |
| 244 | (f) Additional incentives for an applicant who proposes a |
| 245 | project that provides a net ecosystem benefit. |
| 246 | (12) The applicant, the regional permit action team, and |
| 247 | participating local governments may agree to incorporate into a |
| 248 | single document the permits, licenses, and approvals that are |
| 249 | obtained through the expedited permit process. This consolidated |
| 250 | permit is subject to the summary hearing provisions set forth in |
| 251 | subsection (14). |
| 252 | (13) Notwithstanding any other provisions of law: |
| 253 | (a) Local comprehensive plan amendments for projects |
| 254 | qualified under this section are exempt from the twice-a-year |
| 255 | limits provision in s. 163.3187; and |
| 256 | (b) Projects qualified under this section are not subject |
| 257 | to interstate highway level-of-service standards adopted by the |
| 258 | Department of Transportation for concurrency purposes. The |
| 259 | memorandum of agreement specified in subsection (5) must include |
| 260 | a process by which the applicant will be assessed a fair share |
| 261 | of the cost of mitigating the project's significant traffic |
| 262 | impacts, as defined in chapter 380 and related rules. The |
| 263 | agreement must also specify whether the significant traffic |
| 264 | impacts on the interstate system will be mitigated through the |
| 265 | implementation of a project or payment of funds to the |
| 266 | Department of Transportation. Where funds are paid, the |
| 267 | Department of Transportation must include in the 5-year work |
| 268 | program transportation projects or project phases, in an amount |
| 269 | equal to the funds received, to mitigate the traffic impacts |
| 270 | associated with the proposed project. |
| 271 | (14)(a) Challenges to state agency action in the expedited |
| 272 | permitting process for projects processed under this section are |
| 273 | subject to the summary hearing provisions of s. 120.574, except |
| 274 | that the administrative law judge's decision, as provided in s. |
| 275 | 120.574(2)(f), shall be in the form of a recommended order and |
| 276 | shall not constitute the final action of the state agency. In |
| 277 | those proceedings where the action of only one agency of the |
| 278 | state other than the Department of Environmental Protection is |
| 279 | challenged, the agency of the state shall issue the final order |
| 280 | within 45 10 working days after of receipt of the administrative |
| 281 | law judge's recommended order, and the recommended order shall |
| 282 | inform the parties of their right to file exceptions or |
| 283 | responses to the recommended order in accordance with the |
| 284 | uniform rules of procedure pursuant to s. 120.54. In those |
| 285 | proceedings where the actions of more than one agency of the |
| 286 | state are challenged, the Governor shall issue the final order |
| 287 | within 45 10 working days after of receipt of the administrative |
| 288 | law judge's recommended order, and the recommended order shall |
| 289 | inform the parties of their right to file exceptions or |
| 290 | responses to the recommended order in accordance with the |
| 291 | uniform rules of procedure pursuant to s. 120.54. This paragraph |
| 292 | does not apply to the issuance of department licenses required |
| 293 | under any federally delegated or approved permit program. In |
| 294 | such instances, the department shall enter the final order. The |
| 295 | participating agencies of the state may opt at the preliminary |
| 296 | hearing conference to allow the administrative law judge's |
| 297 | decision to constitute the final agency action. If a |
| 298 | participating local government agrees to participate in the |
| 299 | summary hearing provisions of s. 120.574 for purposes of review |
| 300 | of local government comprehensive plan amendments, s. |
| 301 | 163.3184(9) and (10) apply. |
| 302 | (b) Projects identified in paragraph (3)(f) or challenges |
| 303 | to state agency action in the expedited permitting process for |
| 304 | establishment of a state-of-the-art biomedical research |
| 305 | institution and campus in this state by the grantee under s. |
| 306 | 288.955 are subject to the same requirements as challenges |
| 307 | brought under paragraph (a), except that, notwithstanding s. |
| 308 | 120.574, summary proceedings must be conducted within 30 days |
| 309 | after a party files the motion for summary hearing, regardless |
| 310 | of whether the parties agree to the summary proceeding. |
| 311 | (15) The office, working with the agencies providing |
| 312 | cooperative assistance and input regarding participating in the |
| 313 | memoranda of agreement, shall review sites proposed for the |
| 314 | location of facilities eligible for the Innovation Incentive |
| 315 | Program under s. 288.1089. Within 20 days after the request for |
| 316 | the review by the office, the agencies shall provide to the |
| 317 | office a statement as to each site's necessary permits under |
| 318 | local, state, and federal law and an identification of |
| 319 | significant permitting issues, which if unresolved, may result |
| 320 | in the denial of an agency permit or approval or any significant |
| 321 | delay caused by the permitting process. |
| 322 | (16) This expedited permitting process shall not modify, |
| 323 | qualify, or otherwise alter existing agency nonprocedural |
| 324 | standards for permit applications or local comprehensive plan |
| 325 | amendments, unless expressly authorized by law. If it is |
| 326 | determined that the applicant is not eligible to use this |
| 327 | process, the applicant may apply for permitting of the project |
| 328 | through the normal permitting processes. |
| 329 | (17) The office shall be responsible for certifying a |
| 330 | business as eligible for undergoing expedited review under this |
| 331 | section. Enterprise Florida, Inc., a county or municipal |
| 332 | government, or the Rural Economic Development Initiative may |
| 333 | recommend to the Office of Tourism, Trade, and Economic |
| 334 | Development that a project meeting the minimum job creation |
| 335 | threshold undergo expedited review. |
| 336 | (18) The office, working with the Rural Economic |
| 337 | Development Initiative and the agencies participating in the |
| 338 | memoranda of agreement, shall provide technical assistance in |
| 339 | preparing permit applications and local comprehensive plan |
| 340 | amendments for counties having a population of fewer less than |
| 341 | 75,000 residents, or counties having fewer than 125,000 100,000 |
| 342 | residents which are contiguous to counties having fewer than |
| 343 | 75,000 residents. Additional assistance may include, but not be |
| 344 | limited to, guidance in land development regulations and |
| 345 | permitting processes, working cooperatively with state, |
| 346 | regional, and local entities to identify areas within these |
| 347 | counties which may be suitable or adaptable for preclearance |
| 348 | review of specified types of land uses and other activities |
| 349 | requiring permits. |
| 350 | (19) The following projects are ineligible for review |
| 351 | under this part: |
| 352 | (a) A project funded and operated by a local government, |
| 353 | as defined in s. 377.709, and located within that government's |
| 354 | jurisdiction. |
| 355 | (b) A project, the primary purpose of which is to: |
| 356 | 1. Effect the final disposal of solid waste, biomedical |
| 357 | waste, or hazardous waste in this state. |
| 358 | 2. Produce electrical power, unless the production of |
| 359 | electricity is incidental and not the primary function of the |
| 360 | project or the electrical power is derived from a fuel source |
| 361 | for renewable energy as defined in s. 366.91(2)(d). |
| 362 | 3. Extract natural resources. |
| 363 | 4. Produce oil. |
| 364 | 5. Construct, maintain, or operate an oil, petroleum, |
| 365 | natural gas, or sewage pipeline. |
| 366 | Section 2. This act shall take effect upon becoming a law. |