Florida Senate - 2013                       CS for CS for SB 582
       By the Committees on Appropriations; and Commerce and Tourism;
       and Senator Galvano
       576-04957-13                                           2013582c2
    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 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
   23         manufacturers; requiring participating agencies to
   24         coordinate and review applications for certain state
   25         development approvals; requiring the department to
   26         convene a meeting when requested by a certain
   27         manufacturer; requiring participating agencies to
   28         attend meetings convened by the department; specifying
   29         that the department is not required to mediate between
   30         the participating agencies and a manufacturer;
   31         providing that the department may not be a party to
   32         certain proceedings involving state development
   33         approvals; requiring that the coordinated approval
   34         process have no effect on the department’s economic
   35         development incentive approval process; providing for
   36         requests for additional information and specifying
   37         time periods; requiring participating agencies to take
   38         final action on applications within a certain time
   39         period; requiring the department to facilitate the
   40         resolution of certain applications; providing for
   41         approval by default; providing for applicability with
   42         respect to permit applications governed by federally
   43         delegated or approved permitting programs; authorizing
   44         the department to adopt rules; creating s. 288.111,
   45         F.S.; requiring the department to develop materials
   46         that identify local manufacturing development
   47         programs; requiring Enterprise Florida, Inc., and
   48         authorizing other state agencies, to distribute such
   49         material; providing an effective date.
   51  Be It Enacted by the Legislature of the State of Florida:
   53         Section 1. Section 163.325, Florida Statutes, is created to
   54  read:
   55         163.325 Short title.—Sections 163.325-163.3253 may be cited
   56  as the “Manufacturing Competitiveness Act.”
   57         Section 2. Section 163.3251, Florida Statutes, is created
   58  to read:
   59         163.3251 Definitions.—As used in ss. 163.3251-163.3253, the
   60  term:
   61         (1) “Department” means the Department of Economic
   62  Opportunity.
   63         (2) “Local government development approval” means a local
   64  land development permit, order, or other approval issued by a
   65  local government, or a modification of such permit, order, or
   66  approval, which is required for a manufacturer to physically
   67  locate or expand and includes, but is not limited to, the review
   68  and approval of a master development plan required under s.
   69  163.3252(2)(c).
   70         (3) “Local manufacturing development program” means a
   71  program enacted by a local government for approval of master
   72  development plans under s. 163.3252.
   73         (4) “Manufacturer” means a business that is classified in
   74  Sectors 31-33 of the National American Industry Classification
   75  System (NAICS) and is located, or intends to locate, within the
   76  geographic boundaries of an area designated by a local
   77  government as provided under s. 163.3252.
   78         (5) “Participating agency” means:
   79         (a) The Department of Environmental Protection.
   80         (b) The Department of Transportation.
   81         (c) The Fish and Wildlife Conservation Commission, when
   82  acting pursuant to statutory authority granted by the
   83  Legislature.
   84         (d) Water management districts.
   85         (6) “State development approval” means a state or regional
   86  permit or other approval issued by a participating agency, or a
   87  modification of such permit or approval, which must be obtained
   88  before the development or expansion of a manufacturer’s site,
   89  and includes, but is not limited to, those specified in s.
   90  163.3253(1).
   91         Section 3. Section 163.3252, Florida Statutes, is created
   92  to read:
   93         163.3252 Local manufacturing development program; master
   94  development approval for manufacturers.—A local government may
   95  adopt an ordinance establishing a local manufacturing
   96  development program through which the local government may grant
   97  master development approval for the development or expansion of
   98  sites that are, or are proposed to be, operated by manufacturers
   99  at specified locations within the local government’s geographic
  100  boundaries.
  101         (1)(a) A local government that elects to establish a local
  102  manufacturing development program shall submit a copy of the
  103  ordinance establishing the program to the department within 20
  104  days after the ordinance is enacted.
  105         (b) A local government ordinance adopted before the
  106  effective date of this act establishes a local manufacturing
  107  development program if it satisfies the minimum criteria
  108  established in subsection (3) and if the local government
  109  submits a copy of the ordinance to the department on or before
  110  September 1, 2013.
  111         (2) By December 1, 2013, the department shall develop a
  112  model ordinance to guide local governments that intend to
  113  establish a local manufacturing development program. The model
  114  ordinance, which need not be adopted by a local government, must
  115  include:
  116         (a) Procedures for a manufacturer to apply for a master
  117  development plan and procedures for a local government to review
  118  and approve a master development plan.
  119         (b) Identification of those areas within the local
  120  government’s jurisdiction which are subject to the program.
  121         (c) Minimum elements for a master development plan,
  122  including, but not limited to:
  123         1. A site map.
  124         2. A list proposing the site’s land uses.
  125         3. Maximum square footage, floor area ratio, and building
  126  heights for future development on the site, specifying with
  127  particularity those features and facilities for which the local
  128  government will require the establishment of maximum dimensions.
  129         4. Development conditions.
  130         (d) A list of the development impacts, if applicable to the
  131  proposed site, which the local government will require to be
  132  addressed in a master development plan, including, but not
  133  limited to:
  134         1. Drainage.
  135         2. Wastewater.
  136         3. Potable water.
  137         4. Solid waste.
  138         5. Onsite and offsite natural resources.
  139         6. Preservation of historic and archeological resources.
  140         7. Offsite infrastructure.
  141         8. Public services.
  142         9. Compatibility with adjacent offsite land uses.
  143         10. Vehicular and pedestrian entrance to and exit from the
  144  site.
  145         11. Offsite transportation impacts.
  146         (e) A provision vesting any existing development rights
  147  authorized by the local government before the approval of a
  148  master development plan, if requested by the manufacturer.
  149         (f) Whether an expiration date is required for a master
  150  development plan and, if required, a provision stating that the
  151  expiration date may not be earlier than 10 years after the
  152  plan’s adoption.
  153         (g) A provision limiting the circumstances that require an
  154  amendment to an approved master development plan to the
  155  following:
  156         1. Enactment of state law or local ordinance addressing an
  157  immediate and direct threat to the public safety that requires
  158  an amendment to the master development order.
  159         2. Any revision to the master development plan initiated by
  160  the manufacturer.
  161         (h) A provision stating that the scope of review for any
  162  amendment to a master development plan is limited to the
  163  amendment and does not subject any other provision of the
  164  approved master development plan to further review.
  165         (i) A provision stating that, during the term of a master
  166  development plan, the local government may not require
  167  additional local development approvals for those development
  168  impacts listed in paragraph (d) that are addressed in the master
  169  development plan, other than approval of a building permit to
  170  ensure compliance with the state building code and any other
  171  applicable state-mandated life and safety code.
  172         (j) A provision stating that, before commencing
  173  construction or site development work, the manufacturer must
  174  submit a certification, signed by a licensed architect,
  175  engineer, or landscape architect, attesting that such work
  176  complies with the master development plan.
  177         (k) A provision establishing the form that will be used by
  178  the local government to certify that a manufacturer is eligible
  179  to participate in the local manufacturing development program
  180  adopted by that jurisdiction.
  181         (3) A local manufacturing development program ordinance
  182  must, at a minimum, be consistent with subsection (2) and
  183  establish procedures for:
  184         (a) Reviewing an application from a manufacturer for
  185  approval of a master development plan.
  186         (b) Approving a master development plan, which may include
  187  conditions that address development impacts anticipated during
  188  the life of the development.
  189         (c) Developing the site in a manner consistent with the
  190  master development plan without requiring additional local
  191  development approvals other than building permits.
  192         (d) Certifying that a manufacturer is eligible to
  193  participate in the local manufacturing development program.
  194         (4)(a) A local government that establishes a local
  195  manufacturing development program may not abolish the program
  196  until it has been in effect for at least 24 months.
  197         (b) If a local government repeals its local manufacturing
  198  development program ordinance:
  199         1. Any application for a master development plan which is
  200  submitted to the local government before the effective date of
  201  the repeal is vested and remains subject to the local
  202  manufacturing development program ordinance in effect when the
  203  application was submitted; and
  204         2. The manufacturer that submitted the application is
  205  entitled to participate in the manufacturing development
  206  coordinated approval process established in s. 163.3253.
  207         Section 4. Section 163.3253, Florida Statutes, is created
  208  to read:
  209         163.3253 Coordinated manufacturing development approval
  210  process.—The department shall coordinate the manufacturing
  211  development approval process with participating agencies, as set
  212  forth in this section, for manufacturers that are developing or
  213  expanding in a local government that has a local manufacturing
  214  development program.
  215         (1) The approval process must include collaboration and
  216  coordination among, and simultaneous review by, the
  217  participating agencies of applications for the following state
  218  development approvals:
  219         (a) Wetland or environmental resource permits.
  220         (b) Surface water management permits.
  221         (c) Stormwater permits.
  222         (d) Consumptive water use permits.
  223         (e) Wastewater permits.
  224         (f) Air emission permits.
  225         (g) Permits relating to listed species.
  226         (h) Highway or roadway access permits.
  227         (i) Any other state development approval within the scope
  228  of a participating agency’s authority.
  229         (2)(a) When filing its application for state development
  230  approval, a manufacturer shall file with the department and each
  231  participating agency proof that its development or expansion is
  232  located in a local government that has a local manufacturing
  233  development program.
  234         (b) If a local government repeals its local manufacturing
  235  development program ordinance, a manufacturer developing or
  236  expanding in that jurisdiction remains entitled to participate
  237  in the process if the manufacturer submitted its application for
  238  a local government development approval before the effective
  239  date of repeal.
  240         (3) At any time during the process, if a manufacturer
  241  requests that the department convene a meeting with one or more
  242  participating agencies to facilitate the process, the department
  243  shall convene a meeting that the involved participating agencies
  244  must attend.
  245         (a) The department is not required to mediate between the
  246  participating agencies and the manufacturer, but may participate
  247  as necessary to accomplish the purposes set forth in s.
  248  20.60(4)(f).
  249         (b) The department may not be a party to any proceeding
  250  initiated under ss. 120.569 and 120.57 which relates to approval
  251  or disapproval of an application for state development approval
  252  processed under this section.
  253         (c) The department’s participation in a coordinated
  254  manufacturing development approval process under this section
  255  shall have no effect on its approval or disapproval of any
  256  application for economic development incentives sought under s.
  257  288.061 or any other incentive requiring department approval.
  258         (4) If a participating agency determines that an
  259  application is incomplete, the participating agency shall notify
  260  the applicant and the department in writing of the additional
  261  information necessary to complete the application.
  262         (a) Unless the deadline is waived in writing by the
  263  manufacturer, a participating agency shall provide a request for
  264  additional information to the manufacturer and the department
  265  within 20 days after the date the application is filed with the
  266  participating agency.
  267         (b) If the participating agency does not request additional
  268  information within the 20-day period, the participating agency
  269  may not subsequently deny the application based on the
  270  manufacturer’s failure to provide additional information.
  271         (c) Within 10 days after the manufacturer’s response to the
  272  request for additional information, a participating agency may
  273  make a second request for additional information for the sole
  274  purpose of obtaining clarification of the manufacturer’s
  275  response.
  276         (5)(a) Unless the deadline is waived in writing by the
  277  manufacturer, each participating agency shall take final agency
  278  action on a state development approval within its authority
  279  within 60 days after a complete application is filed. The 60-day
  280  period is tolled by the initiation of a proceeding under ss.
  281  120.569 and 120.57.
  282         (b) A participating agency shall notify the department if
  283  the agency intends to deny a manufacturer’s application and,
  284  unless waived in writing by the manufacturer, the department
  285  shall timely convene an informal meeting to facilitate a
  286  resolution.
  287         (c) Unless waived in writing by the manufacturer, if a
  288  participating agency does not approve or deny an application
  289  within the 60-day period, within the time allowed by a federally
  290  delegated permitting program, or, if a proceeding is initiated
  291  under ss. 120.569 and 120.57, within 45 days after a recommended
  292  order is submitted to the agency and the parties, the state
  293  development approval within the authority of the participating
  294  agency is deemed approved. A manufacturer seeking to claim
  295  approval by default under this subsection shall notify, in
  296  writing, the clerks of both the participating agency and the
  297  department of that intent. A manufacturer may not take action
  298  based upon the default approval until such notice is received by
  299  both agency clerks.
  300         (d) At any time after a proceeding is initiated under ss.
  301  120.569 and 120.57, the manufacturer may demand expeditious
  302  resolution by serving notice on an administrative law judge and
  303  all other parties to the proceeding. The administrative law
  304  judge shall set the matter for final hearing no more than 30
  305  days after receipt of such notice. After the final hearing is
  306  set, a continuance may not be granted without the written
  307  agreement of all parties.
  308         (6) Subsections (4) and (5) do not apply to permit
  309  applications governed by federally delegated or approved
  310  permitting programs to the extent that subsections (4) and (5)
  311  impose timeframes or other requirements that are prohibited by
  312  or inconsistent with such federally delegated or approved
  313  permitting programs.
  314         (7) The department may adopt rules to administer this
  315  section.
  316         Section 5. Section 288.111, Florida Statutes, is created to
  317  read:
  318         288.111 Information concerning local manufacturing
  319  development programs.—The department shall develop materials
  320  that identify each local government that establishes a local
  321  manufacturing development program under s. 163.3252. The
  322  materials, which the department may elect to develop and
  323  maintain in electronic format or in any other format deemed by
  324  the department to provide public access, must be updated at
  325  least annually. Enterprise Florida, Inc., shall, and other state
  326  agencies may, distribute the materials to prospective, new,
  327  expanding, and relocating manufacturing businesses seeking to
  328  conduct business in this state.
  329         Section 6. This act shall take effect July 1, 2013.