Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 582
                                Barcode 519432                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2013           .                                

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