Florida Senate - 2013 CS for SB 582
By the Committee on Commerce and Tourism; and Senator Galvano
577-03301-13 2013582c1
1 A bill to be entitled
2 An act relating to manufacturing development; creating
3 s. 163.325, F.S.; providing a short title;
4 establishing the Manufacturing Competitiveness Act;
5 creating s. 163.3251, F.S.; providing definitions;
6 creating s. 163.3252, 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. 163.3253, F.S.; requiring
18 participating agencies to establish a manufacturing
19 development coordinated approval process for certain
20 manufacturers; requiring participating agencies to
21 coordinate and review applications for certain state
22 development approvals; requiring participating
23 agencies to convene and attend a meeting when
24 requested by a certain manufacturer; providing for
25 requests for additional information and specifying
26 time periods; requiring participating agencies to take
27 final action on applications within a certain time
28 period; requiring participating agencies to facilitate
29 the resolution of certain applications; providing for
30 approval by default; providing for applicability with
31 respect to permit applications governed by federally
32 delegated or approved permitting programs; creating s.
33 288.111, F.S.; requiring the department to develop
34 materials that identify local manufacturing
35 development programs; requiring Enterprise Florida,
36 Inc., and authorizing other state agencies, to
37 distribute such material; providing an effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Section 163.325, Florida Statutes, is created to
42 read:
43 163.325 Short title.—Sections 163.325-163.3253 may be cited
44 as the “Manufacturing Competitiveness Act.”
45 Section 2. Section 163.3251, Florida Statutes, is created
46 to read:
47 163.3251 Definitions.—As used in ss. 163.3251-163.3253, the
48 term:
49 (1) “Department” means the Department of Economic
50 Opportunity.
51 (2) “Local government development approval” means a local
52 land development permit, order, or other approval issued by a
53 local government, or a modification of such permit, order, or
54 approval, which is required for a manufacturer to physically
55 locate or expand and includes, but is not limited to, the review
56 and approval of a master development plan required under s.
57 163.3252(2)(c).
58 (3) “Local manufacturing development program” means a
59 program enacted by a local government for approval of master
60 development plans under s. 163.3252.
61 (4) “Manufacturer” means a business that is classified in
62 Sectors 31-33 of the National American Industry Classification
63 System (NAICS) and is located, or intends to locate, within the
64 geographic boundaries of an area designated by a local
65 government as provided under s. 163.3252.
66 (5) “Participating agency” means:
67 (a) The Department of Environmental Protection.
68 (b) The Department of Transportation.
69 (c) The Fish and Wildlife Conservation Commission, when
70 acting pursuant to statutory authority granted by the
71 Legislature.
72 (d) Water management districts.
73 (6) “State development approval” means a state or regional
74 permit or other approval issued by a participating agency, or a
75 modification of such permit or approval, which must be obtained
76 before the development or expansion of a manufacturer’s site,
77 and includes, but is not limited to, those specified in s.
78 163.3253(1).
79 Section 3. Section 163.3252, Florida Statutes, is created
80 to read:
81 163.3252 Local manufacturing development program; master
82 development approval for manufacturers.—A local government may
83 adopt an ordinance establishing a local manufacturing
84 development program through which the local government may grant
85 master development approval for the development or expansion of
86 sites that are, or are proposed to be, operated by manufacturers
87 at specified locations within the local government’s geographic
88 boundaries.
89 (1)(a) A local government that elects to establish a local
90 manufacturing development program shall submit a copy of the
91 ordinance establishing the program to the department within 20
92 days after the ordinance is enacted.
93 (b) A local government ordinance adopted before the
94 effective date of this act establishes a local manufacturing
95 development program if it satisfies the minimum criteria
96 established in subsection (3) and if the local government
97 submits a copy of the ordinance to the department on or before
98 September 1, 2013.
99 (2) By December 1, 2013, the department shall develop a
100 model ordinance to guide local governments that intend to
101 establish a local manufacturing development program. The model
102 ordinance, which need not be adopted by a local government, must
103 include:
104 (a) Procedures for a manufacturer to apply for a master
105 development plan and procedures for a local government to review
106 and approve a master development plan.
107 (b) Identification of those areas within the local
108 government’s jurisdiction which are subject to the program.
109 (c) Minimum elements for a master development plan,
110 including, but not limited to:
111 1. A site map.
112 2. A list proposing the site’s land uses.
113 3. Maximum square footage, floor area ratio, and building
114 heights for future development on the site, specifying with
115 particularity those features and facilities for which the local
116 government will require the establishment of maximum dimensions.
117 4. Development conditions.
118 (d) A list of the development impacts, if applicable to the
119 proposed site, which the local government will require to be
120 addressed in a master development plan, including, but not
121 limited to:
122 1. Drainage.
123 2. Wastewater.
124 3. Potable water.
125 4. Solid waste.
126 5. Onsite and offsite natural resources.
127 6. Preservation of historic and archeological resources.
128 7. Offsite infrastructure.
129 8. Public services.
130 9. Compatibility with adjacent offsite land uses.
131 10. Vehicular and pedestrian entrance to and exit from the
132 site.
133 11. Offsite transportation impacts.
134 (e) A provision vesting any existing development rights
135 authorized by the local government before the approval of a
136 master development plan, if requested by the manufacturer.
137 (f) Whether an expiration date is required for a master
138 development plan and, if required, a provision stating that the
139 expiration date may not be earlier than 10 years after the
140 plan’s adoption.
141 (g) A provision limiting the circumstances that require an
142 amendment to an approved master development plan to the
143 following:
144 1. Enactment of state law or local ordinance addressing an
145 immediate and direct threat to the public safety that requires
146 an amendment to the master development order.
147 2. Any revision to the master development plan initiated by
148 the manufacturer.
149 (h) A provision stating that the scope of review for any
150 amendment to a master development plan is limited to the
151 amendment and does not subject any other provision of the
152 approved master development plan to further review.
153 (i) A provision stating that, during the term of a master
154 development plan, the local government may not require
155 additional local development approvals for those development
156 impacts listed in paragraph (d) that are addressed in the master
157 development plan, other than approval of a building permit to
158 ensure compliance with the state building code and any other
159 applicable state-mandated life and safety code.
160 (j) A provision stating that, before commencing
161 construction or site development work, the manufacturer must
162 submit a certification, signed by a licensed architect,
163 engineer, or landscape architect, attesting that such work
164 complies with the master development plan.
165 (k) A provision establishing the form that will be used by
166 the local government to certify that a manufacturer is eligible
167 to participate in the local manufacturing development program
168 adopted by that jurisdiction.
169 (3) A local manufacturing development program ordinance
170 must, at a minimum, be consistent with subsection (2) and
171 establish procedures for:
172 (a) Reviewing an application from a manufacturer for
173 approval of a master development plan.
174 (b) Approving a master development plan, which may include
175 conditions that address development impacts anticipated during
176 the life of the development.
177 (c) Developing the site in a manner consistent with the
178 master development plan without requiring additional local
179 development approvals other than building permits.
180 (d) Certifying that a manufacturer is eligible to
181 participate in the local manufacturing development program.
182 (4)(a) A local government that establishes a local
183 manufacturing development program may not abolish the program
184 until it has been in effect for at least 24 months.
185 (b) If a local government repeals its local manufacturing
186 development program ordinance:
187 1. Any application for a master development plan which is
188 submitted to the local government before the effective date of
189 the repeal is vested and remains subject to the local
190 manufacturing development program ordinance in effect when the
191 application was submitted; and
192 2. The manufacturer that submitted the application is
193 entitled to participate in the manufacturing development
194 coordinated approval process established in s. 163.3253.
195 Section 4. Section 163.3253, Florida Statutes, is created
196 to read:
197 163.3253 Coordinated manufacturing development approval
198 process.—Participating agencies shall coordinate the
199 manufacturing development approval process, as set forth in this
200 section, for manufacturers that are developing or expanding in
201 the jurisdiction of a local government that has a local
202 manufacturing development program.
203 (1) Participating agencies shall collaborate and coordinate
204 the simultaneous review 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 each participating
218 agency proof that its development or expansion is located in the
219 jurisdiction of a local government that has a local
220 manufacturing 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 local government development approval before the effective
226 date of repeal.
227 (3) At any time during the process, if a manufacturer
228 requests a meeting with one or more participating agencies to
229 facilitate the process, such participating agency shall convene
230 and attend such meeting.
231 (4) If a participating agency determines that an
232 application is incomplete, the participating agency shall notify
233 the applicant, in writing, of the additional information
234 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 within 20 days after
238 the date the application is filed with the participating agency.
239 (b) If the participating agency does not request additional
240 information within the 20-day period, the participating agency
241 may not subsequently deny the application based on the
242 manufacturer’s failure to provide additional information.
243 (c) Within 10 days after the manufacturer’s response to the
244 request for additional information, a participating agency may
245 make a second request for additional information for the sole
246 purpose of obtaining clarification of the manufacturer’s
247 response.
248 (5)(a) Unless the deadline is waived in writing by the
249 manufacturer, each participating agency shall take final agency
250 action on a state development approval within its authority
251 within 60 days after a complete application is filed. The 60-day
252 period is tolled by the initiation of a proceeding under ss.
253 120.569 and 120.57.
254 (b) A participating agency shall notify the manufacturer if
255 the agency intends to deny a manufacturer’s application and,
256 unless waived in writing by the manufacturer, the participating
257 agency shall timely convene an informal meeting to facilitate a
258 resolution.
259 (c) Unless waived in writing by the manufacturer, if a
260 participating agency does not approve or deny an application
261 within the 60-day period, within the time allowed by a federally
262 delegated permitting program, or, if a proceeding is initiated
263 under ss. 120.569 and 120.57, within 45 days after a recommended
264 order is submitted to the agency and the parties, the state
265 development approval within the authority of the participating
266 agency is deemed approved. A manufacturer seeking to claim
267 approval by default under this subsection shall notify, in
268 writing, the clerk of the participating agency of that intent. A
269 manufacturer may not take action based on the default approval
270 until such notice is received by the agency clerk.
271 (d) At any time after a proceeding is initiated under ss.
272 120.569 and 120.57, the manufacturer may demand expeditious
273 resolution by serving notice on an administrative law judge and
274 all other parties to the proceeding. The administrative law
275 judge shall set the matter for final hearing no more than 30
276 days after receipt of such notice. After the final hearing is
277 set, a continuance may not be granted without the written
278 agreement of all parties.
279 (6) Subsections (4) and (5) do not apply to permit
280 applications governed by federally delegated or approved
281 permitting programs to the extent that subsections (4) and (5)
282 impose timeframes or other requirements that are prohibited by
283 or inconsistent with such federally delegated or approved
284 permitting programs.
285 Section 5. Section 288.111, Florida Statutes, is created to
286 read:
287 288.111 Information concerning local manufacturing
288 development programs.—The department shall develop materials
289 that identify each local government that establishes a local
290 manufacturing development program under s. 163.3252. The
291 materials, which the department may elect to develop and
292 maintain in electronic format or in any other format deemed by
293 the department to provide public access, must be updated at
294 least annually. Enterprise Florida, Inc., shall, and other state
295 agencies may, distribute the materials to prospective, new,
296 expanding, and relocating manufacturing businesses seeking to
297 conduct business in this state.
298 Section 6. This act shall take effect July 1, 2013.