Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. HB 7087, 2nd Eng.
       
       
       
       
       
       
                                Barcode 919446                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/07/2012           .                                
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       The Committee on Budget (Bennett) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 444 and 445
    4  insert:
    5         Section 8. Section 288.10894, Florida Statutes, is created
    6  to read:
    7         288.10894 Manufacturing Competitiveness Act.—
    8         (1) Sections 288.10894-288.1095 may be cited as the
    9  “Manufacturing Competitiveness Act.”
   10         (2) It is the intent of the Legislature to increase
   11  manufacturing output and Florida-origin exports and to create an
   12  efficient and competitive business environment for manufacturers
   13  to expand or locate in this state. The Manufacturing
   14  Competitiveness Act is created to address the ability for
   15  manufacturers that export to respond to market opportunities.
   16  The Manufacturing Competitiveness Act improves the process for
   17  obtaining permits by providing a more focused and coordinated
   18  agency permit process for manufacturers located within local
   19  jurisdictions having a similar focused and efficient permitting
   20  process for manufacturers.
   21         Section 9. Section 288.10895, Florida Statutes, is created
   22  to read:
   23         288.10895 Definitions.—As used in ss. 288.10895288.1095,
   24  the term:
   25         (1) “Growth enterprise” means a business located, or
   26  planned to be located, within the geographic boundaries of an
   27  area designated by a local government as subject to a growth
   28  enterprise development program under s. 288.1091 in order to
   29  engage for profit in the manufacturing, processing, or
   30  fabrication of any of the following products, at least 50
   31  percent of which are exported out of the state:
   32         (a) Computer, electronic, or information technology
   33  products.
   34         (b) Aerospace, aviation, or other transportation equipment.
   35         (c) Fabricated metal products.
   36         (d) Food products.
   37         (e) Machinery.
   38         (f) Nonmetallic mineral products.
   39         (g) Chemical products.
   40         (h) Paper products.
   41         (i) Plastic or rubber products.
   42         (j) Clean technology products.
   43         (k) Energy.
   44         (l) Life sciences products.
   45         (2) “Local development approval” means a local permit or
   46  other approval issued by a local government, or any modification
   47  of such permit or approval, which is necessary for the physical
   48  location or expansion of a growth enterprise, including, but not
   49  limited to, permits or approvals related to elements of a master
   50  development plan required under s. 288.1091(2)(c).
   51         (3) “Local government” means a county or municipality.
   52         (4) “Participating agency” means each of the following
   53  agencies:
   54         (a) The Department of Environmental Protection.
   55         (b) The Department of Transportation.
   56         (c) The Fish and Wildlife Conservation Commission, when
   57  acting pursuant to statutory authority granted by the
   58  Legislature.
   59         (d) A water management district.
   60         (5) “State development approval” means a state or regional
   61  permit or other approval issued by a participating agency, or
   62  any modification of such permit or approval, which is necessary
   63  for the physical location or expansion of a growth enterprise,
   64  including, but not limited to, permits or approvals listed in
   65  ss. 288.109(2).
   66         Section 10. Section 288.109, Florida Statutes, is created
   67  to read:
   68         288.109 Growth enterprise coordinated permitting process.—
   69         (1) By January 1, 2013, the Department of Economic
   70  Opportunity, with the cooperation of the participating agencies,
   71  shall establish a growth enterprise coordinated permitting
   72  process for growth enterprises as defined in s. 288.10895(1).
   73  The process shall:
   74         (a) Coordinate the processing of state development
   75  approvals by providing oversight and facilitating the
   76  collaboration and coordination among the participating agencies.
   77         (b) Require the simultaneous review by the participating
   78  agencies of the joint application and supporting information.
   79         (2) The department shall prescribe the content and format
   80  for the joint application, in consultation with the
   81  participating agencies, which must include information necessary
   82  to review requests for state development approvals for:
   83         (a) Wetland or environmental resource permits.
   84         (b) Surface water management permits.
   85         (c) Stormwater permits.
   86         (d) Consumptive water use permits.
   87         (e) Wastewater permits.
   88         (f) Air emission permits.
   89         (g) Permits relating to listed species.
   90         (h) Highway or roadway access permits.
   91         (i) Any other approval within the scope of any
   92  participating agency’s regulatory authority.
   93         (3) At any time in the process, the growth enterprise may
   94  request the department to convene a meeting with one or more
   95  participating agencies to facilitate the growth enterprise
   96  permitting process. Upon a request, the department shall convene
   97  a meeting.
   98         (4) The growth enterprise shall file a copy of its joint
   99  application with the department and each participating agency.
  100         (5)(a) Upon receipt of a joint application, each
  101  participating agency shall notify the growth enterprise and the
  102  department whether any permit or approval from that
  103  participating agency is required. If the permit or approval is
  104  required, the participating agency shall notify the department
  105  and the growth enterprise whether the application is complete
  106  with respect to those parts of the application which are within
  107  the agency’s permitting or approval authority.
  108         (b) Unless waived in writing by the growth enterprise, if
  109  any part of the application is not complete, the respective
  110  participating agency must notify and submit a request for
  111  additional information necessary to complete the application to
  112  the growth enterprise and the department within 20 days after
  113  the date the application is filed with the participating agency.
  114  If the participating agency does not request the additional
  115  information within the 20-day period, state development approval
  116  by that participating agency may not be denied based on the
  117  growth enterprise’s failure to provide the additional
  118  information. Within 10 days after the growth enterprise’s
  119  response to the initial information request, an agency may make
  120  a second request solely to clarify the growth enterprise’s
  121  response.
  122         (6)(a) Unless waived in writing by the growth enterprise,
  123  each participating agency, within 60 days after a complete
  124  application is filed with the participating agency, shall take
  125  final agency action on any state development approval within the
  126  agency’s permitting or approval authority. The 60-day period is
  127  tolled by the initiation of a proceeding under ss. 120.569 and
  128  120.57.
  129         (b) If a participating agency intends to deny or denies a
  130  growth enterprise application, it must notify the department,
  131  which shall timely convene an informal meeting to facilitate
  132  resolution unless waived in writing by the growth enterprise.
  133         (c) Unless waived in writing by the growth enterprise, if a
  134  participating agency does not approve or deny a state
  135  development approval within the 60-day period or, if a
  136  proceeding is initiated under ss. 120.569 and 120.57, within 45
  137  days after a recommended order is submitted to the agency and
  138  the parties, whichever is later, the state development approval
  139  that falls within the authority of that participating agency
  140  shall be deemed approved. A growth enterprise seeking to claim
  141  approval by default under this subsection shall notify the
  142  agency clerk of the participating agency and the department in
  143  writing of that intent and may not take action based upon the
  144  default approval until the notice is received by both agency
  145  clerks.
  146         (7) The department may adopt rules to administer this
  147  section.
  148         Section 11. Section 288.1091, Florida Statutes, is created
  149  to read:
  150         288.1091 Local growth enterprise development programs;
  151  master development approval for growth enterprises.—
  152         (1)(a) A local government may adopt an ordinance
  153  establishing a growth enterprise development program under which
  154  the local government may grant master development approval for
  155  the development or expansion of sites owned and operated by
  156  growth enterprises at fixed locations within the local
  157  government’s geographic boundaries.
  158         (b) A local government that elects to establish a growth
  159  enterprise development program shall submit a copy of the
  160  ordinance establishing the program to the department within 20
  161  days after the ordinance is enacted.
  162         (2) By October 1, 2012, in order to provide guidance for
  163  local governments establishing growth enterprise development
  164  programs, the department shall develop a model ordinance for the
  165  growth enterprise development programs. The model ordinance,
  166  which need not be adopted as a rule, must include:
  167         (a) Procedures for a growth enterprise to apply for, and
  168  for a local government to review and approve, a master
  169  development plan.
  170         (b) Identification of those areas within the local
  171  government’s jurisdiction which are subject to the growth
  172  enterprise development program.
  173         (c) Minimum elements for a master development plan,
  174  including, but not limited to:
  175         1. A site map.
  176         2. A list of the site’s potential land uses under the
  177  applicable land development regulations.
  178         3. Maximum square footage, floor area ratio, and building
  179  heights for future development on the site, specifying with
  180  particularity those features and facilities for which the local
  181  government will require that maximum dimensions be established.
  182         4. Development conditions.
  183         (d) A list of the development impacts that the local
  184  government will require to be addressed in a master development
  185  plan, including, but not limited to:
  186         1. Drainage.
  187         2. Wastewater.
  188         3. Potable water.
  189         4. Solid waste.
  190         5. Onsite and offsite natural resources.
  191         6. Preservation of historic and archeological resources.
  192         7. Offsite infrastructure.
  193         8. Public services.
  194         9. Compatibility with adjacent offsite land uses.
  195         10. Vehicular and pedestrian entrance to and exit from the
  196  site.
  197         11. Offsite transportation impacts.
  198         (e) A provision vesting those existing development rights
  199  authorized by the local government before the approval of a
  200  master development plan if requested by the growth enterprise.
  201         (f) Whether an expiration date is required for a master
  202  development plan and, if required, a provision stating that the
  203  expiration date may not occur earlier than 10 years after the
  204  plan’s adoption.
  205         (g) A provision limiting the conditions that require an
  206  amendment to the master development order to the following:
  207         1. An enactment of state law or local ordinance addressing
  208  an immediate and direct threat to the public safety which
  209  requires an amendment to the master development order.
  210         2. A substantial modification of the land uses authorized
  211  in the master development order. The master development order
  212  must expressly define the criteria that will be used to
  213  determine whether a modification of land uses will be deemed to
  214  be substantial.
  215         3. An increase of more than 10 percent in the total maximum
  216  intensity or square footage authorized in the master development
  217  order.
  218         4. A decrease of more than 5 percent in the total area set
  219  aside for open space, mitigation, or buffering required in the
  220  master development order.
  221         5. An increase or decrease of more than 10 percent in the
  222  total number of parking spaces authorized in the master
  223  development order.
  224         6. An increase of more than 15 percent in the total height
  225  authorized in the master development order for any structure.
  226         7. A substantial change in the total number or the location
  227  of vehicular access points authorized in the master development
  228  order.
  229         8. The relocation of specific land uses on the site in a
  230  manner that increases offsite impacts on transportation, other
  231  infrastructure, or public services.
  232         9. The expansion or contraction of the development site by
  233  more than 10 percent of the total area authorized in the master
  234  development order.
  235         (h) A provision stating that the scope of review for any
  236  amendment to a master development order is limited to the
  237  subject matter of the amendment.
  238         (i) A provision stating that, during the term of a master
  239  development order, the local government may not require
  240  additional local development approvals for those development
  241  impacts listed in paragraph (d) which are addressed in the
  242  master development order, except for those approvals that are
  243  required to ensure compliance with the State Building Code or
  244  life and safety issues.
  245         (j) A provision stating that, before commencing
  246  construction or site development work, the growth enterprise
  247  must submit a certification, signed by a licensed architect,
  248  engineer, or landscape architect, attesting that the work
  249  complies with the master development order.
  250         (3) A local government’s growth enterprise development
  251  program ordinance need not conform to the department’s model
  252  ordinance but, at a minimum, must be consistent with subsection
  253  (2) and establish procedures for:
  254         (a) Reviewing an application from a growth enterprise for
  255  approval of a master development plan.
  256         (b) Approving a master development plan through issuance,
  257  by ordinance, of a master development order, which may include
  258  conditional approvals that address development impacts
  259  anticipated during the life of the development.
  260         (c) Developing the site in a manner consistent with the
  261  master development order without requiring additional local
  262  development approvals other than building permits.
  263         (4)(a) A local government that establishes a growth
  264  enterprise development program may not abolish the program until
  265  it has been in effect for at least 24 months.
  266         (b) If a local government repeals its growth enterprise
  267  development program ordinance, any application for a master
  268  development plan which is submitted to the local government
  269  before the effective date of the repeal is vested and remains
  270  subject to the growth enterprise program ordinance in effect
  271  when the application was submitted and is entitled to be
  272  reviewed under the growth enterprise coordinated permitting
  273  process, notwithstanding s. 288.1090(1).
  274         Section 12. Section 288.1095, Florida Statutes, is amended
  275  to read:
  276         288.1095 Information concerning the One-Stop growth
  277  enterprise coordinated permitting process and local growth
  278  enterprise development programs System.—The department shall
  279  develop materials literature that explain explains the One-Stop
  280  coordinated permitting process established under s. 288.1090
  281  System and identify each local government identifies those
  282  counties that establishes a growth enterprise development
  283  program under s. 288.1091 have been designated as Quick
  284  Permitting Counties. The materials, which the department may
  285  elect to develop and maintain in electronic format or in any
  286  other format deemed by the department to provide public access,
  287  literature must be updated at least once each year. To the
  288  maximum extent feasible, state agencies and offices, including
  289  Enterprise Florida, Inc., shall distribute the materials such
  290  literature and inform the public of the coordinated One-Stop
  291  permitting process System and the local governments that
  292  establish growth enterprise development programs Quick
  293  Permitting Counties. In addition, the department, Enterprise
  294  Florida, Inc., or such other state agency or office assigned the
  295  principal responsibility of distributing information to
  296  prospective businesses regarding location or expansion in the
  297  state, shall provide this information to prospective, new,
  298  expanding, and relocating businesses seeking to conduct business
  299  in this state, municipalities, counties, economic-development
  300  organizations, and chambers of commerce.
  301         Section 13. Sections 288.109, 288.1092 and 288.1093,
  302  Florida Statutes, are repealed.
  303  
  304  ================= T I T L E  A M E N D M E N T ================
  305         And the title is amended as follows:
  306         Delete line 32
  307  and insert:
  308         certain circumstances; creating s. 288.10894, F.S.;
  309         establishing the Manufacturing Competitiveness Act;
  310         providing legislative intent; creating s. 288.10895,
  311         F.S.; defining terms; creating s. 288.109, F.S.;
  312         requiring the Department of Economic Opportunity to
  313         establish a growth enterprise coordinated permitting
  314         process in cooperation with certain participating
  315         agencies; requiring the department to establish a
  316         joint application for the coordinated review and
  317         approval of certain state or regional development
  318         permits; providing procedures for the filing and
  319         processing of joint applications; authorizing the
  320         department to adopt rules for administering the
  321         process; creating s. 288.1091, F.S.; authorizing local
  322         governments to establish growth enterprise development
  323         programs that provide for master development approval
  324         for the development or expansion of certain sites
  325         owned and operated by growth enterprises; authorizing
  326         development of such a site consistent with a master
  327         development order without requiring certain additional
  328         local development approvals; requiring the department
  329         to adopt a model ordinance; providing requirements for
  330         the contents of a local government’s growth enterprise
  331         development program ordinance; prohibiting local
  332         governments from abolishing their growth enterprise
  333         development programs during a specified period;
  334         providing for the effect of the repeal of a growth
  335         enterprise development program ordinance on pending
  336         applications for master development plans; amending s.
  337         288.1095, F.S.; providing for the development and
  338         distribution of materials explaining the growth
  339         enterprise coordinated permitting process and
  340         identifying local growth enterprise development
  341         programs; repealing ss. 288.109, 288.1092, and
  342         288.1093, F.S., relating to the One-Stop Permitting
  343         System, One-Stop Permitting Grant Program, and the
  344         Quick Permitting County Designation Program of the
  345         former State Technology Office; amending s. 288.1254,
  346         F.S.;