Florida Senate - 2013                                     SB 582
       By Senator Galvano
       26-00347-13                                            2013582__
    1                        A bill to be entitled                      
    2         An act relating to manufacturing development; creating
    3         s. 288.1101, F.S.; providing a short title;
    4         establishing the Manufacturing Competitiveness Act;
    5         creating s. 288.1102, F.S.; providing definitions;
    6         creating s. 288.1103, F.S.; authorizing local
    7         governments to establish a local manufacturing
    8         development program that provides for master
    9         development approval for certain sites; providing
   10         specific time periods for action by local governments;
   11         requiring the Department of Economic Opportunity to
   12         develop a model ordinance containing specified
   13         information and provisions; requiring a local
   14         manufacturing development program ordinance to include
   15         certain information; providing certain restrictions on
   16         the termination of a local manufacturing development
   17         program; creating s. 288.1104, F.S.; requiring the
   18         department, in cooperation with participating
   19         agencies, to establish a manufacturing development
   20         coordinated approval process for certain
   21         manufacturers; requiring participating agencies to
   22         coordinate and review applications for certain state
   23         development approvals; requiring a manufacturer to
   24         file certain documents; requiring the department to
   25         convene a meeting when requested by a certain
   26         manufacturer; providing for requests for additional
   27         information and specifying time periods; requiring
   28         participating agencies to take final action on
   29         applications within a certain time period; requiring
   30         the department to facilitate the resolution of certain
   31         applications; providing for approval by default;
   32         authorizing the department to adopt rules; creating s.
   33         288.1105, F.S.; requiring the department to develop
   34         materials that identify local manufacturing
   35         development programs; requiring the department and
   36         other entities to distribute such material; providing
   37         an effective date.
   39  Be It Enacted by the Legislature of the State of Florida:
   41         Section 1. Section 288.1101, Florida Statutes, is created
   42  to read:
   43         288.1101Short title.—Sections 288.1101-288.1105 may be
   44  cited as the Manufacturing Competitiveness Act.
   45         Section 2. Section 288.1102, Florida Statutes, is created
   46  to read:
   47         288.1102Definitions.—As used in ss. 288.1101-288.1105, the
   48  term:
   49         (1) “Local government” means a county or municipality.
   50         (2) “Local government development approval” means a local
   51  land development permit, order, or other approval issued by a
   52  local government, or any modification of such permit, order, or
   53  approval, which is required for a manufacturer to physically
   54  locate or expand and includes, but is not limited to, the review
   55  and approval of a master development plan required under s.
   56  288.1103(2)(c).
   57         (3) “Local manufacturing development program” means a
   58  program enacted by a local government for approval of master
   59  development plans under s. 288.1103.
   60         (4) “Manufacturer” means a business that is classified in
   61  Sectors 31-33 of the National American Industry Classification
   62  System (NAICS) and is located, or intends to locate, within the
   63  geographic boundaries of an area designated by a local
   64  government as provided under s. 288.1103.
   65         (5) “Participating agency” means:
   66         (a) The Department of Environmental Protection.
   67         (b) The Department of Transportation.
   68         (c) The Fish and Wildlife Conservation Commission, when
   69  acting pursuant to statutory authority granted by the
   70  Legislature.
   71         (d) Water management districts.
   72         (6) “State development approval” means a state or regional
   73  permit or other approval issued by a participating agency, or
   74  any modification of such permit or approval, which must be
   75  obtained before the development or expansion of a manufacturer’s
   76  site, and includes, but is not limited to, those specified in s.
   77  288.1104(1).
   78         Section 3. Section 288.1103, Florida Statutes, is created
   79  to read:
   80         288.1103Local manufacturing development program; master
   81  development approval for manufacturers.—A local government may
   82  adopt an ordinance establishing a local manufacturing
   83  development program through which the local government may grant
   84  master development approval for the development or expansion of
   85  sites that are, or are proposed to be, operated by manufacturers
   86  at specified locations within the local government’s geographic
   87  boundaries.
   88         (1)(a) A local government that elects to establish a local
   89  manufacturing development program shall submit a copy of the
   90  ordinance establishing the program to the department within 20
   91  days after the ordinance is enacted.
   92         (b) A local government ordinance adopted before the
   93  effective date of this act establishes a local manufacturing
   94  development program if it satisfies the minimum criteria
   95  established in subsection (3) and if the local government
   96  submits a copy of the ordinance to the department on or before
   97  September 1, 2013.
   98         (2) By December 1, 2013, the department shall develop a
   99  model ordinance to guide local governments that intend to
  100  establish a local manufacturing development program. The model
  101  ordinance, which need not be adopted by a local government, must
  102  include:
  103         (a) Procedures for a manufacturer to apply for a master
  104  development plan and procedures for a local government to review
  105  and approve a master development plan.
  106         (b) Identification of those areas within the local
  107  government’s jurisdiction which are subject to the program.
  108         (c) Minimum elements for a master development plan,
  109  including, but not limited to:
  110         1. A site map.
  111         2. A list proposing the site’s land uses.
  112         3. Maximum square footage, floor area ratio, and building
  113  heights for future development on the site, specifying with
  114  particularity those features and facilities for which the local
  115  government will require the establishment of maximum dimensions.
  116         4. Development conditions.
  117         (d) A list of the development impacts, if applicable to the
  118  proposed site, which the local government will require to be
  119  addressed in a master development plan, including, but not
  120  limited to:
  121         1. Drainage.
  122         2. Wastewater.
  123         3. Potable water.
  124         4. Solid waste.
  125         5. Onsite and offsite natural resources.
  126         6. Preservation of historic and archeological resources.
  127         7. Offsite infrastructure.
  128         8. Public services.
  129         9. Compatibility with adjacent offsite land uses.
  130         10. Vehicular and pedestrian entrance to and exit from the
  131  site.
  132         11. Offsite transportation impacts.
  133         (e) A provision vesting any existing development rights
  134  authorized by the local government before the approval of a
  135  master development plan, if requested by the manufacturer.
  136         (f) Whether an expiration date is required for a master
  137  development plan and, if required, a provision stating that the
  138  expiration date may not be earlier than 10 years after the
  139  plan’s adoption.
  140         (g) A provision limiting the circumstances that require an
  141  amendment to an approved master development plan to the
  142  following:
  143         1. Enactment of state law or local ordinance addressing an
  144  immediate and direct threat to the public safety that requires
  145  an amendment to the master development order.
  146         2. Any revision to the master development plan initiated by
  147  the manufacturer.
  148         (h) A provision stating that the scope of review for any
  149  amendment to a master development plan is limited to the
  150  amendment and does not subject any other provision of the
  151  approved master development plan to further review.
  152         (i) A provision stating that, during the term of a master
  153  development plan, the local government may not require
  154  additional local development approvals for those development
  155  impacts listed in paragraph (d) that are addressed in the master
  156  development plan, other than approval of a building permit to
  157  ensure compliance with the state building code and any other
  158  applicable state-mandated life and safety code.
  159         (j) A provision stating that, before commencing
  160  construction or site development work, the manufacturer must
  161  submit a certification, signed by a licensed architect,
  162  engineer, or landscape architect, attesting that such work
  163  complies with the master development plan.
  164         (k) A provision establishing the form that will be used by
  165  the local government to certify that a manufacturer is eligible
  166  to participate in the local manufacturing development program
  167  adopted by that jurisdiction.
  168         (3) A local manufacturing development program ordinance
  169  must, at a minimum, be consistent with subsection (2) and
  170  establish procedures for:
  171         (a) Reviewing an application from a manufacturer for
  172  approval of a master development plan.
  173         (b) Approving a master development plan, which may include
  174  conditions that address development impacts anticipated during
  175  the life of the development.
  176         (c) Developing the site in a manner consistent with the
  177  master development plan without requiring additional local
  178  development approvals other than building permits.
  179         (d) Certifying that a manufacturer is eligible to
  180  participate in the local manufacturing development program.
  181         (4)(a) A local government that establishes a local
  182  manufacturing development program may not abolish the program
  183  until it has been in effect for at least 24 months.
  184         (b) If a local government repeals its local manufacturing
  185  development program ordinance:
  186         1. Any application for a master development plan which is
  187  submitted to the local government before the effective date of
  188  the repeal is vested and remains subject to the local
  189  manufacturing development program ordinance in effect when the
  190  application was submitted; and
  191         2. The manufacturer that submitted the application is
  192  entitled to participate in the manufacturing development
  193  coordinated approval process established in s. 288.1104.
  194         Section 4. Section 288.1104, Florida Statutes, is created
  195  to read:
  196         288.1104Manufacturing development coordinated approval
  197  process.—The department, in cooperation with participating
  198  agencies, shall establish, facilitate, and oversee the
  199  manufacturing development coordinated approval process for
  200  manufacturers that are developing or expanding in a local
  201  government that has a local manufacturing development program.
  202         (1) The approval process must include collaboration and
  203  coordination among, and simultaneous review by, the
  204  participating agencies of applications for the following state
  205  development approvals:
  206         (a) Wetland or environmental resource permits.
  207         (b) Surface water management permits.
  208         (c) Stormwater permits.
  209         (d) Consumptive water use permits.
  210         (e) Wastewater permits.
  211         (f) Air emission permits.
  212         (g) Permits relating to listed species.
  213         (h) Highway or roadway access permits.
  214         (i) Any other state development approval within the scope
  215  of a participating agency’s authority.
  216         (2)(a)When filing its application for state development
  217  approval, a manufacturer shall file with the department and each
  218  participating agency proof that its development or expansion is
  219  located in a local government that has a local manufacturing
  220  development program.
  221         (b) If a local government repeals its local manufacturing
  222  development program ordinance, a manufacturer developing or
  223  expanding in that jurisdiction remains entitled to participate
  224  in the process if the manufacturer submitted its application for
  225  a state or local government development approval before the
  226  effective date of repeal.
  227         (3) At any time during the process, if a manufacturer
  228  requests that the department convene a meeting with one or more
  229  participating agencies to facilitate the process, the department
  230  shall convene a meeting.
  231         (4)If a participating agency determines that an
  232  application is incomplete, the participating agency shall notify
  233  the applicant and the department in writing of the additional
  234  information necessary to complete the application.
  235         (a) Unless the deadline is waived in writing by the
  236  manufacturer, a participating agency shall provide a request for
  237  additional information to the manufacturer and the department
  238  within 20 days after the date the application is filed with the
  239  participating agency.
  240         (b) If the participating agency does not request additional
  241  information within the 20-day period, the participating agency
  242  may not subsequently deny the application based on the
  243  manufacturer’s failure to provide additional information.
  244         (c) Within 10 days after the manufacturer’s response to the
  245  request for additional information, a participating agency may
  246  make a second request for additional information for the sole
  247  purpose of obtaining clarification of the manufacturer’s
  248  response.
  249         (5)(a) Unless the deadline is waived in writing by the
  250  manufacturer or a different deadline is mandated by a federally
  251  delegated permitting program, each participating agency shall
  252  take final agency action on a state development approval within
  253  its authority within 60 days after a complete application is
  254  filed. The 60-day period is tolled by the initiation of a
  255  proceeding under ss. 120.569 and 120.57.
  256         (b) A participating agency shall notify the department if
  257  it intends to deny a manufacturer’s application and, unless
  258  waived in writing by the manufacturer, the department shall
  259  timely convene an informal meeting to facilitate a resolution.
  260         (c) Unless waived in writing by the manufacturer, if a
  261  participating agency does not approve or deny an application
  262  within the 60-day period, within the time allowed by a federally
  263  delegated permitting program, or, if a proceeding is initiated
  264  under ss. 120.569 and 120.57, within 45 days after a recommended
  265  order is submitted to the agency and the parties, the state
  266  development approval within the authority of the participating
  267  agency is deemed approved. A manufacturer seeking to claim
  268  approval by default under this subsection shall notify, in
  269  writing, the clerks of both the participating agency and the
  270  department of that intent. A manufacturer may not take action
  271  based upon the default approval until such notice is received by
  272  both agency clerks.
  273         (d) At any time after a proceeding is initiated under ss.
  274  120.569 and 120.57, the manufacturer may demand expeditious
  275  resolution by serving notice on an administrative law judge and
  276  all other parties to the proceeding. The administrative law
  277  judge shall set the matter for final hearing no more than 30
  278  days after receipt of such notice. After the final hearing is
  279  set, a continuance may not be granted without the written
  280  agreement of all parties.
  281         (6) The department may adopt rules to administer this
  282  section.
  283         Section 5. Section 288.1105, Florida Statutes, is created
  284  to read:
  285         288.1105Information concerning local manufacturing
  286  development programs.—The department shall develop materials
  287  that identify each local government that establishes a local
  288  manufacturing development program under s. 288.1103. The
  289  materials, which the department may elect to develop and
  290  maintain in electronic format or in any other format deemed by
  291  the department to provide public access, must be updated at
  292  least annually. The department, Enterprise Florida, Inc., or
  293  such other state agency or office assigned the principal
  294  responsibility of distributing the materials, shall provide them
  295  to prospective, new, expanding, and relocating businesses
  296  seeking to conduct business in this state.
  297         Section 6. This act shall take effect July 1, 2013.