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. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1. Section 288.1101, Florida Statutes, is created 42 to read: 43 288.1101 Short 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: 47 288.1102 Definitions.—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: 80 288.1103 Local 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: 196 288.1104 Manufacturing 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: 285 288.1105 Information 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.