Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 582
                                Barcode 747758                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2013           .                                

       The Committee on Appropriations (Galvano) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 197 - 284
    4  and insert:
    5         163.3253 Coordinated manufacturing development approval
    6  process.—The department shall coordinate the manufacturing
    7  development approval process with participating agencies, as set
    8  forth in this section, for manufacturers that are developing or
    9  expanding in a local government that has a local manufacturing
   10  development program.
   11         (1) The approval process must include collaboration and
   12  coordination among, and simultaneous review by, the
   13  participating agencies of applications for the following state
   14  development approvals:
   15         (a) Wetland or environmental resource permits.
   16         (b) Surface water management permits.
   17         (c) Stormwater permits.
   18         (d) Consumptive water use permits.
   19         (e) Wastewater permits.
   20         (f) Air emission permits.
   21         (g) Permits relating to listed species.
   22         (h) Highway or roadway access permits.
   23         (i) Any other state development approval within the scope
   24  of a participating agency’s authority.
   25         (2)(a) When filing its application for state development
   26  approval, a manufacturer shall file with the department and each
   27  participating agency proof that its development or expansion is
   28  located in a local government that has a local manufacturing
   29  development program.
   30         (b) If a local government repeals its local manufacturing
   31  development program ordinance, a manufacturer developing or
   32  expanding in that jurisdiction remains entitled to participate
   33  in the process if the manufacturer submitted its application for
   34  a local government development approval before the effective
   35  date of repeal.
   36         (3) At any time during the process, if a manufacturer
   37  requests that the department convene a meeting with one or more
   38  participating agencies to facilitate the process, the department
   39  shall convene a meeting that the involved participating agencies
   40  must attend.
   41         (a) The department is not required to mediate between the
   42  participating agencies and the manufacturer, but may participate
   43  as necessary to accomplish the purposes set forth in s.
   44  20.60(4)(f).
   45         (b) The department may not be a party to any proceeding
   46  initiated under ss. 120.569 and 120.57 which relates to approval
   47  or disapproval of an application for state development approval
   48  processed under this section.
   49         (c) The department’s participation in a coordinated
   50  manufacturing development approval process under this section
   51  shall have no effect on its approval or disapproval of any
   52  application for economic development incentives sought under s.
   53  288.061 or any other incentive requiring department approval.
   54         (4) If a participating agency determines that an
   55  application is incomplete, the participating agency shall notify
   56  the applicant and the department in writing of the additional
   57  information necessary to complete the application.
   58         (a) Unless the deadline is waived in writing by the
   59  manufacturer, a participating agency shall provide a request for
   60  additional information to the manufacturer and the department
   61  within 20 days after the date the application is filed with the
   62  participating agency.
   63         (b) If the participating agency does not request additional
   64  information within the 20-day period, the participating agency
   65  may not subsequently deny the application based on the
   66  manufacturer’s failure to provide additional information.
   67         (c) Within 10 days after the manufacturer’s response to the
   68  request for additional information, a participating agency may
   69  make a second request for additional information for the sole
   70  purpose of obtaining clarification of the manufacturer’s
   71  response.
   72         (5)(a) Unless the deadline is waived in writing by the
   73  manufacturer, each participating agency shall take final agency
   74  action on a state development approval within its authority
   75  within 60 days after a complete application is filed. The 60-day
   76  period is tolled by the initiation of a proceeding under ss.
   77  120.569 and 120.57.
   78         (b) A participating agency shall notify the department if
   79  the agency intends to deny a manufacturer’s application and,
   80  unless waived in writing by the manufacturer, the department
   81  shall timely convene an informal meeting to facilitate a
   82  resolution.
   83         (c) Unless waived in writing by the manufacturer, if a
   84  participating agency does not approve or deny an application
   85  within the 60-day period, within the time allowed by a federally
   86  delegated permitting program, or, if a proceeding is initiated
   87  under ss. 120.569 and 120.57, within 45 days after a recommended
   88  order is submitted to the agency and the parties, the state
   89  development approval within the authority of the participating
   90  agency is deemed approved. A manufacturer seeking to claim
   91  approval by default under this subsection shall notify, in
   92  writing, the clerks of both the participating agency and the
   93  department of that intent. A manufacturer may not take action
   94  based upon the default approval until such notice is received by
   95  both agency clerks.
   96         (d) At any time after a proceeding is initiated under ss.
   97  120.569 and 120.57, the manufacturer may demand expeditious
   98  resolution by serving notice on an administrative law judge and
   99  all other parties to the proceeding. The administrative law
  100  judge shall set the matter for final hearing no more than 30
  101  days after receipt of such notice. After the final hearing is
  102  set, a continuance may not be granted without the written
  103  agreement of all parties.
  104         (6) Subsections (4) and (5) do not apply to permit
  105  applications governed by federally delegated or approved
  106  permitting programs to the extent that subsections (4) and (5)
  107  impose timeframes or other requirements that are prohibited by
  108  or inconsistent with such federally delegated or approved
  109  permitting programs.
  110         (7) The department may adopt rules to administer this
  111  section.
  113  ================= T I T L E  A M E N D M E N T ================
  114         And the title is amended as follows:
  115         Delete lines 18 - 32
  116  and insert:
  117         the department, in cooperation with participating
  118         agencies, to establish a manufacturing development
  119         coordinated approval process for certain
  120         manufacturers; requiring participating agencies to
  121         coordinate and review applications for certain
  122         manufacturers; requiring participating agencies to
  123         coordinate and review applications for certain state
  124         development approvals; requiring the department to
  125         convene a meeting when requested by a certain
  126         manufacturer; requiring participating agencies to
  127         attend meetings convened by the department; specifying
  128         that the department is not required to mediate between
  129         the participating agencies and a manufacturer;
  130         providing that the department may not be a party to
  131         certain proceedings involving state development
  132         approvals; requiring that the coordinated approval
  133         process have no effect on the department’s economic
  134         development incentive approval process; providing for
  135         requests for additional information and specifying
  136         time periods; requiring participating agencies to take
  137         final action on applications within a certain time
  138         period; requiring the department to facilitate the
  139         resolution of certain applications; providing for
  140         approval by default; providing for applicability with
  141         respect to permit applications governed by federally
  142         delegated or approved permitting programs; authorizing
  143         the department to adopt rules; creating s.