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.
   39  Be It Enacted by the Legislature of the State of Florida:
   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.